Skip to main content

Supreme Court Presidential Petition Number 4 of 2017 (Njonjo Mue & Another Vs. Chairperson IEBC & 3 Others

Post backdated to 20th November, 2017: 

About 2 weeks ago, i was called up by a seniour lawyer who asked me to join him for an early morning meeting. It is at that meeting that i was invited to be part of the legal team preparing a petition challenging the election of Hon. Uhuru Kenyatta - Supreme Court Presidential Petition 4 of 2017. 
To have been found worthy of inclusion for this assignment is humbling, any lawyer (young or old) would be excited at such an opportunity. An opportunity to practice law at Kenya’s apex court, in one of the most contentious issue the Supreme Court has original jurisdiction over! One hell of an emotive issue too! 

I accepted and was immediately tasked with the preparation of the Petition’s principal affidavit.

The next 7 days were going to be a roller coaster. From sleepless nights and nights with little sleep, to change of location nearly 4 times for fear of police raids, late night meetings with lawyers i never dreamt of sharing a board room table with... we put in HARD HARD work! It felt like a movie at some point!

The hearings which commenced last week say very little about the preparation of the case. In total we did close to 200,000 pages in pleadings, applications, authorities, annexes etc. 

The short, timed presentations in court gave little justice to the magnitude and weight of evidence presented. 

We however did our best to lay out our case for annulment of the presidential election of 26/10. 

The Supreme Court will be reading its judgment at 10 am today.

Which ever way it goes,It is my hope that through this decision, the justices of the Supreme Court of Kenya will have an opportunity to comment on contemporary issues - on what plagues kenya today. Note that judges do not call press conferences to comment on social ills, however, these can be weaved into their judgments. 

Eventually, it must -and will, influence the path we take as a people going forward. 
This post does little justice to the story of my experience working on that case... one day I will write a book.

Comments

  1. Thank you so much for the hard work you put into the petition. That so many young people from all over Kenya put in so much work into preparing the case gave me much hope for the future of our great country. Write that book!

    ReplyDelete
  2. Thank you Njonjo. We continue to hope... we continue to work at it! Greetings!

    ReplyDelete
  3. Hey, you have publish such a great detail. I found so many interesting points which are helpful for us. FAR Regulation to know what are the regulations are provided by the government.

    ReplyDelete

Post a Comment

Popular posts from this blog

Integrity and Moral Probity…..hmmmmh?!?!?

As vetting approaches and the potentially high number of judicial officers likely to face the ‘phase 2’ purge… lawyers are falling over each other trying to polish their résumés in the hope of filling up the already empty slots as well as the soon to be vacancies. Hence begs the questions, are these legal practitioners (even with their impressive résumés) going to qualify for these positions? Are they really going to prove that they are persons of integrity? Are we likely to get a fresh deluge of ‘wikileakes’ discrediting their claims as persons of integrity? I have no doubt that many in my profession are persons who conduct their businesses either in private practice, public service or civil society with the highest level of integrity…..but then how many???    As I read the Article is The Standard on confessions of how a lawyer helps pirates ‘clean’ their money….I was left asking my self thought provoking questions as to how many lawyers today would pass the Constitutio...

THE “HOUSE OF TERROR” – Reflections….

The "House of Terror" - Budapest, 1062 Andrassy ut 60 So today I finally got to visit the ‘House of Terror’ one of those places you certainly ought to visit if you ever pass by Budapest, Hungary! It is described as a museum that commemorates the victims of terror as well as a reminder of the dreadful acts of terror carried out by ‘victimizers’. The building, and the museum inside are a vivid, impressive recreation of different periods of Hungarian history that the country has tried to move on from albeit painfully. The Different sections of the Museum that begins with a hallway full of victims, then instruments of torture, actual cells, gallows and a morgue, witness accounts displayed on screens and pictures that tell a thousand words all bear testimony to the atrocities witnessed and meted. The building housed the Hungarian Nazis in the early 1940’s and later a residence of the AVO and subsequently the AVH who are known to have participated in the worst forms of crimes agai...

Constitutional CRISIS?!?!?!?!

Even as MPs animatedly bang tables at press conferences and heckle in public (some sadly in their mother tongues [ mzalendo where are you?!? ]) about the illegality of the speaker’s ruling and decision to reject debate on the controversial nominations of the Chief Justice, Attorney General, DPP and Director of Budget, claiming that a rejection of the names will lead to a constitutional crisis come 27 th February, it would be very important, at the earliest to clarify exactly what this constitutional crisis would mean – as opposed to what they want their not so ignorant constituents to believe it to mean. Fiction: The judiciary will be left in a mess-vacuum – headless as it were, if there is no Chief Justice after 27 th February. Fact: The office of the Chief Justice though an important one is mainly administrative and ceremonial (or so it has been made under Gicheru). The Court of Appeal’s Presiding Judge is perfectly capable of overseeing the transition in an acting capacity....