Leadership Lessons from the Judiciary in the 2022 Presidential Election Petition

Supreme Court Judges during the hearing of Presidential Petition. [Samson Wire, Standard]

The past one week has had Kenyans glued to their television sets, tablets and mobile phones, following live proceedings of the presidential election petition at the Supreme Court.

The manner in which the apex court managed the process was highly commendable. Notably, the country paraded to the entire global audiences how the electoral jurisprudence has progressed on to the path of maturity. This is in terms of respect and decorum from the presiding bench of judges and lawyers representing their respective clients.

These events showed to the whole world that Kenya's electoral justice system has grown and matured. The nation was treated to a whole gamut of advocacy charms. This ranged from spiralling eloquence to grandiloquent, lyrical, cultivated and down-to-earth advocacy.

The credit goes to the judges under the leadership of the Chief Justice and Deputy Chief Justice, who brought immense dignity and decorum to a highly charged dispute. The apex court, in its composition and wisdom, never attempted to steal the limelight. That was left to the advocates to do their bidding in the short period of time allotted and reserved for introspection. Indeed, the questions posed were adequately addressed in a professional manner befitting their legal training.

Anti-apartheid hero and former South African President Nelson Mandela said leaders are like shepherds, they stay behind the flock, letting the most nimble go out ahead, whereupon the others follow, not realising that all along they are being directed from behind.

To understand the concept herein is an analysis on the lessons our political leaders should learn from the just concluded presidential election petition proceedings.

First, no matter the differences in opinion from your political competitors, there is no need to paint them in inflammatory language, abuses, contempt, vituperation and exaggeration. Focus on the relevant issues facing the electorate and avoid being personal.

Secondly, as leaders they must always catechise their own position while providing anecdotal evidence on how to resolve the electorate's issues before catapulting them for public assessment. The representation of a specific area requires an objective approach. In the event of loss of a candid edifice one may end up presenting solutions that can easily be repudiated to great public embarrassment and to the detriment of one's political cause.

Third, there is a need to always maintain appropriate respect and decorum for the electoral process and fellow competitors, including for the parties. The lesson to pick was that there were no skirmishes in the Supreme Court, even when verbal altercations went south. The show of incomparable restraint should be emulated across the political leadership.

Fourth, in leadership, humour helps in dissipating tension among opponents. The proceedings from the apex court provided an apt example where there were carefully choreographed discourses between senior members of the bar, which required the intervention of the bench to the satisfaction of all litigants.

Fifth, there comes a time when the baton of leadership must be passed to the next generation. The apex court proceedings once again presented an opportunity for showcasing some of the most talented and adorned lawyers in the country; however, their role was mainly mentorship and guidance. The background work was undertaken by mid-tier and upcoming advocates.

The amazing observation was that at crucial moments, the senior counsels turned to the mentee lawyers to address questions on which direction the case was likely to turn. In leadership these should be emulated in nurturing young leaders, especially, women to address the elusive gender parity.

Finally, leadership requires a vast ally of knowledge in all spheres of life to enable it address all the challenges facing the society.

Dr Njau is an educator practising as a governance and public policy adviser.