Two sides of CJ Maraga, President Uhuru altercation

Photo: Courtesy

I am afraid of giving an opinion on the ongoing altercation between Uhuru-led Jubilee and the Maraga-led Judiciary. I am afraid because matters of law are presumed, sometimes quite wrongly, to be a preserve of academic crème de la crème who fancy to call themselves “learned friends.” I am afraid of being dismissed as a layman, which—so far as professional law is concerned—I sure am.

But I am not going to feed the feeling of paranoia of being bashed. Nay, I am going to imagine I have a PhD in law and let my pen spew what it has.

For while law may be a preserve for the select few, its application is not uncommon to all. Except in absolute anarchical systems (which do not exist), the average man in wherever part of the world is bound by some law. That’s why no one can rightly bar non-lawyers from commenting on the on-going Jubilee-judiciary debate. If anything, some of the so-called lawyers have proven to be more half-baked than the rest of us.

It is not the first time that the Judiciary is being accused of favouritism. History is replete with instances when politicians have faulted the judiciary. It should not be lost on us that in the Raila Odinga presidential petition, for instance, CORD did not agree with the verdict of the Supreme Court. What followed instead was a heightened bashing of the judiciary throughout Dr Willy Mutunga’s term. Someone even called them “koti bandia.“

It follows then, and correctly so, that in criticizing the courts, the president has made no tabooed mistake. Methinks it a good thing because it serves to cement the independency of the judiciary, at least in the public eye.

Nevertheless, the seeming “bad blood” between Uhuru and Maraga may have more than meets the eye. It might be genuine, but it might be guileful and plastic as well.

The worst mistake in politics is to sweep things under the carpet. To take things at face value. To “jump with common spirits.” But this, unfortunately, is what the opposition is doing. If it is bait and switch, NASA has swallowed it hook, line and sinker. And that may turn out to be it greatest Waterloo.

Maybe—just maybe—more unscrupulous dealings are in the pipeline.

However, if these public altercations are genuine, one thing is for sure: President Uhuru has sensed defeat and is readying himself to do all it takes not to peacefully transfer power even if fairly trounced. This can only “premonize”—God forbid—another gory post-election violence.

There is no need so far for anyone to call his villagers for a celebration. It is not yet time for merrymaking. There may be a grand plan to make the court appear pro-opposition in the public eye so that, in the end, Jubilee has the last laugh.

Until then, my friends, “gini pod tek.”


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