The court of Appeal’s majority position even if founded upon notions of “justice and fairness” had overlooked clear imperatives of the law that were over riding. They overlooked the law of precedent, expressly declared in article 163(7) of the Constitution. They failed to recognize that section 85 A of the Elections Act was directly born of article 87 of the Constitution. They had not taken into account that the ideals of justice were by no means the preserve of the intending appellant and that they had to enure to the electorate as a whole. They failed to recognize that the overall integrity of the democratic system of governance was sealed on a platform of orderly process, of which the judiciary was the chief steward and in which the course of justice already charted by the superior courts was to be methodically nurtured.___Per the Supreme Court of Kenya in Evans Odhiambo Kidero & 4 others v Ferdinand Ndungu Waititu & 4 others. Mhhh! I thought the well-established approach is that if law and justice conflict, the latter should prevail and not vice versa. Or did I miss some lectures in law school?
Posted on: Tue, 14 Oct 2014 07:55:16 +0000
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