NON AESTHATIC ANGLE TO THE CASE - NON COMPLIANCE
PREAMBLE :
Hon. RAILA AMOLLO ODINGA has been participating and contesting for the post and position of the seat of the president of Kenya for the last 5 general elections since 2002 and in all this he has successfully not been able to succeed for one reason or the other.
NON AESTHATICS OF THIS CASES:
A lot has been argued for and against his failure to partake and win this seat and a lot has been discussed in this petitions that leaves us the ordinary Kenyans a little bit more knowledgeable in the matters of the law and can make our own favourable conclusion on how the case stands.
Kenyans are now more familiar and aware of the Constitution of Kenya and its articles and sections more so those related to our revised 2010 Constitution particularly article 138 etc.
Over and above the laws and regulations that bind us we would wish that the Supreme Court gives due diligence to the following issues that are not directly related to the rule of law but of good behaviour and or conduct unbecoming.
1. RERUN TO THE 2017 ELECTIONS
When the SCOK nullified and cancelled the 2017 over illegalities and irregularities sighted in the bungled elections RAILA AMOLLO ODINGA did not either follow the court orders given nor respect that decision by the CJ MARAGA and others.
He did not participate in the by elections set thereafter sighting flimsy reasons for not doing so.
He disrespected the SCOK ruling of the day, disrupted the time table of the elections as well as the government operations and finally caused considerable lose of taxpayer's money for the skewed rerun elections which was then unnecessary if he was not participating.
What is more disrespectful to the country and is equivalent to it being TREASON is to take an oath outside that set rules within the Constitution and pretend there was no law of the day.
The SCOK will have to revisit that uncalled for action and take that into consideration when making its decision.
2. THE MISCONDUCT OF THE AZIMIO TEAM AT BOMAS ON THE 15TH AUGUST 2022 WAS APPAULING TO SAY THE LEAST.
The world over watched and witnessed the hooliganism meted to many persons and dignitaries present by the AZIMIO team from the Bomas of Kenya Nairobi during the proceeding prior to the announcement that even so the bashing of the IEBC Chairman Wafula Chibukati and other officials.
Had the 8 or so Red Barret soldiers not taken charge of the situation quickly, things could have gone very much chaotic resulting in unforeseeable lose infront of dignitaries who had attended this special event.
This in itself was dehumanising enough to punish the AZIMIO LA UMOJA and send them back to their drawing board.
That over and above the laid down rules and regulations there is need for persons to conduct themselves in a civilised ,dignified and polished manner especially in a sensitive sitatuation as that of the elections.
Anything you do wrong can and will be used against you in a court of law, and it is my humble opinion as my learned freind senior council Khaminwa that one should be humble and come with humility at the courts, we hope the SCOK should and will take the above two issues very seriously over and above the arguments for and against the petition.
Mbwana Abdalla Mohamed
Independant Critical Analyst
4th September 2022
