By Henry Kimoli
The 2010 Constitution conferred the Judiciary with enormous powers. Almost absolute. It opened floodgates to litigation against everybody including a sitting President.
No one expected that President Uhuru Kenyatta will be the first Presidential victim of the judicial monster created by the Constitution. He has. Not once. BUT Thrice. And more is surely on the way.
The Supreme Court bloodied Uhuru first. Maraga nullified his victory on 30th August 2017. Then the High Court declared him a pariah, by audaciously ruling that he can be sued privately over his attempt to mutilate the constitution through the BBI. Two other High Court benches have since wounded the President fatally and more, it would appear, is in store for the President.
So to who does the Kenyan Judiciary report to? NO one.
Judges are monsters whose word, if it beds well with the law and the Constitution cannot be questioned. So who will save the Presidency against the Judiciary? It appears as no one can.
The President enjoys executive powers, conferred to him by the Constitution. But he will have to carefully consult his legal team before he pronounces any decision.
The Judiciary composition is itself interesting. From a bling-wearing former Chief Justice Willy Mutunga to Justice Martha Koome, a retired civil society general…the Presidency has an interesting quorum to deal with.
President Uhuru is staring at the possibility of being surcharged over decisions made in the cause and course of his office.
He is faced with the horrendous task of balancing between discharging his powers and well-founded fear inserted on his person by the Judiciary.
Things are truly elephant for the President.
The newfound judicial boldness means that all manner of cases will be taken to the floor of courts with outcomes ranging from abuse of office to actual sacking expected.
The mother of all judgments is the pending ruling by a five Judge badge over the non-compliance of the current Parliament to the constitution.
The Court may as well dissolve Parliament and pave the way for a snap election ahead of 2022.
