While the country is still waiting for the comprehensive judgement from the Supreme Court, questions have been asked on how the court confidently delivered judgement against a sitting head of state.
According to those who were close to the Supreme Court judges, the decision to nullify the election of Uhuru as President for the second term was reached immediately after the second last day of hearing.
The fact that IEBC was non cooperative with the court (refused to obey court orders top give access to its servers) and key questions were not being answered by the respondents’ attorneys made three key judges decide to ensure that the re-election of Uhuru was nullified and a fresh election called.
Judges Mwilu and the CJ were convinces that the election as not free and fair while Judges Smoking Wanjala and Isaac Lenaola looked beyond the arguments in court, including the key constitutional provisions. It is reported that judge Lenaola is a strict adherent to the constitution. The fact that Jubilee had total confidence that he was on their side helped the state agents not be so much on his tail.
Obviously on the side of the government were judges Ojwang’ and Njoki Ndung’u. So much were they on the side of the government that sources within the corridors of the Supreme Court have whispered to KahawaTungu that Njoki Ndung’u ripped part of her official dress in anger immediately she exited the court after the delivery of the judgement.
But a lot of lobbying were put in place with Solicitor General Njee Muturi and the AG trying to convince the CJ to rule in favour of the government in various meetings at the Crowne Plaza hotel where the judges were holed while the Speaker worked hard to convince the Deputy CJ. The night lobbying were so intense that at one point, Interior CS Fred Matiangi together with lawyer Evans Monari drove to the CJ lobbying hard to have him rule in favour of Uhuru.
The CJ didn’t budge and even broke away from the team insisting that he was not going to spend even a single night at the hotel with the other judges.
Now it is rumoured within the Office of the President that Matiang’i will not retain the powerful interior Ministry portfolio after failing to deliver his fellow Kisii to the powers that be as he promised.
The CJ’s confidence was also boosted by a call from the Chief Justices of Nigeria, South Africa and Ghana. The three top African judges encouraged the Cj to uphold the dignity of the court and inspire others in Africa.
Reports have appeared elsewhere that huge sums of money were offered to the CJ. What we confidently know is that the push to have the CJ contained didn’t start in August. It started way back in June when the CJ applied for a loan at a local bank. His application was reportedly denied on flimsy grounds while he fully qualified for the loan. The denial was reportedly meant to make it easy for him to accept the offer given during the deliberations.
Knowing very well that he didn’t have the money, the CJ reportedly refused to take any money to influence his vote in the petition.
One other senior judges had too much skeletons in his closet, including accepting bribes, prostitution, abusing junior Judiciary employees that the state agents were confident that he would vote on the side of the government. He disappointed them when he voted to have the election nullified. The CJ, apparently, worked day and night in the conference, to convince his colleagues that they nullify the election.
The Deputy CJ also helped. While State House thought that Speaker Muturi could influence the DCJ, they were surprised that she confidently vouched for the independence of the court that after her curt in-court advice to AG Githu Muigai that the court was “in charge”, the AG even refused to set foot in the court during the delivery of the ruling. In fact, the whole of President Uhuru’s and AG’s team boycotted the ruling.
It is reported that the President personally ejected Speaker Muturi from State House in anger after he failed to deliver the vote of Judge Mwilu.
The Supreme Court have reportedly taken the move as one of the most childish ways of handling a non-favourable ruling. The judges excused the absence of the President’s lawyers but they have reportedly degraded the AG and taken him as someone who is too immature for that office.
At one point during the Supreme Court judges’ conference, the whole team agreed to vote 7-0 for the nullification of the election. Njoki Ndung’u reportedly leaked the decision to State House two days before the judgement day. State agents worked so hard but only managed to convince Ojwang’ and Njoki to change their minds.
The determination of the CJ stemmed from the fact that he had to redeem the image of his court. While he has serious issues with money and desperately need a loan, he knew that with a precedent setting ruling, he would receive better offers from international organisations for consultancies if State House works to fix him after the unfavourable ruling.
Judge Smoking Wanjala had issues from the 2013 petition which he was still dealing with. According to our sources, the judge experienced so much pressure from his immediate family after the 2013 ruling that one of his wives ran away from her matrimonial home not wanting to associate with him until almost one month later.
Furthermore, the judge was promised the CJ job after the 2013 ruling but Jubilee used confidential intelligence files during the CJ’s recruitment to throw his quest off the window. He swore never to forgive Jubilee for that.
According to state agents, the judge played a major role in one of the controversial election petitions which saw a Supreme Court judge sent home.
While NASA considered asking Judge Njoki Ndung’u to recuse herself after a photo and video appeared on social media showing the Judge partying all night with Jubilee party vice-chairman David Murathe, the coalition later reconsidered that and saw it as a time wasting move which was not going to achieve much.
Currently the judges are writing the comprehensive judgement. Some of the details might inside the full length judgement will surprise both Jubilee and NASA supporters. The CJ has personally undertaken to write the section dealing with ICT as he is the one considered to be the most tech savvy among the 7 judges.
The diplomatic community has also upped pressure on them with the US ambassador Robert Godec calling almost every other day wanting to know when the full judgement will be delivered. The extreme interest of the envoy has surprised some of the judges who now feel pressured.
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