Against my better judgment, I watched the second episode of “Jicho Pevu” yesternight. I regret most of the time I wasted doing that – watching the likes of Jasper Mbiuki use the show as a forum to express their arrogance was sickening. But that’s beside the point. What struck me the most (and the only reason I don’t entirely regret watching the comedy that “Jicho Pevu” has become) was the revelation by the Chief Justice on how they came up with their decision. The CJ indicated that each judge was assigned one aspect of the case (or one issue) to consider and write a decision on. I believe they then put their decisions together and called it the judgment of the Court. What is disappointing about this admission is the fact that it means each of the issues for determination was NOT considered by 5 of the 6 judges. In other words, each of the issues for determination was considered by ONLY ONE judge. That really compromises the quality of the decision and raises questions as to its legitimacy. But, again, that’s now water under the bridge. My advice to the CJ would be to shut up and stop trying to justify the decision they made if he wants the decision and the Supreme Court to retain the little credibility they have left. The more he talks, the more he exposes the weaknesses of the decision and opens it up to further scrutiny. He should stick to the line “The Court reached a decision based on the Constitution, the law and the evidence put before it” and say no more.
Posted on: Tue, 22 Apr 2014 07:02:25 +0000
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