Supreme Court petition chance to firewall democracy in Kenya

Azimio supporters pray outside Supreme Court as Presidential candidate Raila Odinga filed a petition challenging the declaration of his opponent William Ruto as President-elect. [Samson Wire, Standard]

The Azimio petition has finally been admitted for hearing at the Supreme Court. In addition to eight or so others, it is going to form the backbone of evidence questioning the integrity of the process that ended with the unilateral declaration by the IEBC Chairman of William Ruto as president-elect.

But not everyone is happy with the court process. We have been asked to leave the corridors of justice and move on with our lives. Such prescriptions aren't encouraging for the health of our nascent democracy under the 2010 constitutional dispensation. Democratic institutions that were born with the new law still need goodwill to grow strong bones for them to walk without aid. The Supreme Court is one of them.

Azimio's going to court shouldn't be seen from the lens of settling a political dispute. Kenyans seem to have become used to the politics of dancing in the mud that when we submit ourselves for arbitration before a competent arm of government, not many would appreciate the rationale.

The spirit of the new Constitution intended to firewall our independent institutions from the drama of politics and the interference by the Executive branch for the simple reason that these institutions exist to serve all interests devoid of political bias.

The Supreme Court is for us all. As a legislator, I have always taken proactive steps in my House roles to push for robust political goodwill towards our third arm of government. The Judiciary can only be truly independent when the other two arms of government engage it with clean hands. When the 13th Parliament finally gets down to work, we have to make a case to support the Judiciary with the right tools for them to arbitrate for the people who we serve.

Going to the Supreme Court not only enriches our jurisprudence but also gives the judges the institutional confidence to be truly independent. It's reassuring when aggrieved parties seek redress in the courts. It is in the interest of our growth that they should be encouraged to do so.

Raila Odinga and Martha Karua are democrats. They believe in the rule of law and fairness for all. Even when the decisions of the courts have not been in their favour in the past, they have expressed their honest displeasure without threatening to bring down the walls. When our children look for the shining examples of statesmen and women, the two proudly stand tall among the chosen few.

The Azimio petition is not about Raila. He is not out to score any political point. Few in this country have earned their stripes in pro-democracy service. Given this country's political mileage, no one would want to return to the place where we were when free speech was criminalised and those deemed to be a threat to the establishment disappeared without a trace.

This is the hope Azimio supporters are carrying with them to the Supreme Court. They are asking the Supreme Court to afford everyone a fair hearing in the spirit of our new Constitution and enabling laws.

The petition is also about restoring the hope of everyone who calls Kenya home. The celebrations that greeted Mr Chebukati's impugned declaration was suspiciously short-lived. There were no firecrackers up in the sky, and it's not because they couldn't afford.

The distress that accompanied the announcement got many Kenyans worried about their safety and security and it's not difficult to see why. Already, the UDA campaign in the postponed Rongai Constituency MP contest is urging voters to come out and drive the Moi family out of politics for good. The Moi family, reportedly, has vast investments ranging from agriculture to education, and there's no guarantee these businesses that support many families will be left standing by this war cry to hound them out of public view. Such proclamations should genuinely worry every Kenyan of goodwill.

Kenyans are hopeful people, we also know God promised to never forsake us. We shall be imploring the Supreme Court not to abandon us at the hour of need. For many of us, our freedom to freely speak for our people is truly on the line. May the Lord hear us.

Mr Wandayi is the ODM Secretary for Political Affairs and Azimio la Umoja One Kenya Coalition Deputy Secretary-General