Erratic judgments bad for election laws: Githu

Former Attorney General Professor Githu Muigai. [Boniface Okendo, Standard]

Former Attorney General Professor Githu Muigai has called out the Judiciary for erratic judicial jurisprudence.

“I have tried to persuade the judiciary that we need a jurisprudence around electoral law that is functional. What is wrong with our electoral jurisprudence today coming from the Supreme Court is that it is inconsistent and populist,” said Muigai.

He urged the judiciary to give stability to electoral laws and protect the integrity of the judicial order.

“Let us know what the law is and don’t change it for every petition because as it is now lawyers cannot advise anybody. A lower court cannot predict what the law is. The law must be stable and consistent and predictable and publicly accepted,” argued Muigai.

According to the former AG, the integrity of judicial orders means that even a third party reading a judgement can see how the judge arrived at that judgment because the reasoning is solid. 

 He was speaking during a debate at Kenyatta University’s School of Law Moot Court competition. All Kenyan Moot Court Competition (AKMCC) 10th edition brought together about 70 students of law from 13 law schools, civil societies and actors from the legal profession.

Muigai who doubles as the patron of the AKMCC said the week-long exercise is an important way of shaping how future lawyers will present themselves, especially those interested in defending the rule of law, human rights and constitutional democracy.

Calls for peace during elections and protection of constitutional democracy dominated the discussions.

Supreme Court Building, Nairobi, August 20, 2021. [Collins Kweyu, Standard]

Stakeholders addressing the gathering at the university’s Parklands campus urged political players including justice actors in the forthcoming elections to uphold electoral integrity.

Line Urban, representative from the European Union (EU) delegation to Kenya, called for electoral justice and democracy, adherence to the rule of law and ensuring electoral transparency.

“Genuine, democratic, competitive and transparent elections build trust in governments among the citizenry. Free and fair elections are not only about protecting human rights, it is also about sending signals to the outside world,” said Urban.

Kenya’s economy being the third biggest in Africa, Urban said the EU is keen to engage with all the electoral stakeholders to ensure the country conducts a credible electoral process.

“Kenya is seen as a lighthouse of democracy, rule of law and stability in the region and the August elections are not only important to Kenya and the citizens but also for the partners that work here,” said Urban.

The EU representative said election instability is destructive to any country’s economy across the world.

“It is important that the next elections are peaceful and results are respected and Kenyans can move on with their daily business,” she added.

Kenyatta University Vice-Chancellor Professor Paul Wainaina said for nine years, the annual exercise has provided a platform for law students in Kenya and legal practitioners to converge annually and share expertise in legal discourse on contemporary legal issues in Kenya.

Wainaina said this year's theme ‘Electoral Justice and Democracy Ensuring Electoral Credibility and Adherence to the Rule of law’ resonates with Kenya’s history in the electoral fields and the present circumstances ahead of this years elections.

“Teams representing law schools from 13 public and private universities in Kenya will be participating in the moot court competition. It provides an opportunity for the next generation of law practitioners to get practical experience and knowledge in electoral law, human rights and technology law,” said the vice chancellor.