muganda wrote:Alright, full judgement delivery going on. Download not yet available but thus far some revealing rulings:
1. IEBC WAS not at fault for excluding some parties in the repeat election because they were guided by a court order, Supreme Court rules.
2. RAILA ODINGA did not formally withdraw from the election but only declared his intention to withdraw, Supreme Court says.
3. THE VALIDITY of an election cannot be challenged on the basis of whether it was held in all 290 constituencies, Supreme Court rules.
And of course, one last one... Justice Njoki Ndung'u:
It was not in our view proper for Counsel Julie Soweto to argue that it didn't matter who caused the violence.
Those who intentionally instigate violence must not plead the same violence as a ground for nullifying an election.
When the August 8 election was nullified and the Wakora 4 used a rather incoherent justification, someone on Wazua said that pretty soon the Supreme court will be forced to make another ruling in order to 'clarify' their incoherence. I wish I can remember who it was for he/she was quite right.
I am not a lawyer but this sounds like Judicial ukarabati of the prior ruling to me. For instance, we were told that process is more important than outcome. What is more 'process' than the requirement to hold elections in every constituency as the law clearly says?
"The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)