Chief Justice Martha Koome has addressed some of the harsh phrases used by the Supreme Court of Kenya in its 2022 presidential election petition judgment.
Speaking during an interview on Spice FM on Thursday, November 7, CJ Koome sought to defend the language used by the Court, including terms such as “hot air” and “wild goose chase,” which drew mixed reactions.
The phrases, which sparked an outcry particularly from the Azimio la Umoja-One Kenya coalition party in 2022, were not used by the seven-judge bench in bad faith, according to the Chief Justice.
Koome explained that the language was simply a reflection of the Court’s fact-finding process, based on the evidence presented by the legal team representing the Raila Odinga-led faction.
“You know, if somebody feels hurt because of the language that you have used, it’s always an act of humility to apologize and say we would apologize to those who felt hurt. But if you read each of the paragraph, it would explain why that was the conclusion,” she said.
“Because if they were allegations that were not supported at all by any evidence, then the conclusion is that (hot air) but if it is hurtful, we apologize, but that’s the conclusion that we came to after evaluating what was brought to us in a very big way.
Azimio leader Raila Odinga moved to the apex court to challenge the outcome of the 2022 presidential election, after then Independent Electoral and Boundaries Commission, IEBC chairman Wafula Chebukati declared William Ruto winner.
The CJ also addressed instances where courts are called upon to deliberate on weighty issues supported by serious allegations, only for the claims to later lack substantive evidence.
“Before you take your brother to court, reason together and look at this case which you are bringing to the court and see whether it has a leg to stand or even a hand to hold on to. If it doesn’t have, approach your brother, and negotiate, mediate or look for another alternative,” she said.
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Koome addresses cases that lack evidence and claims of being influenced to make judgement
The CJ warned that such cases ultimately harm the complainants, noting that the court may be forced to make a ruling that results in the complainants being liable for costs.
At the same time, Koome stated that she has never been influenced during her tenure as a trial judge, a judge of the court, a Supreme Court judge and as the President of the Judiciary.
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Koome reiterated that the Constitution does not allow judges to be influenced by anybody of authority.
“Whoever would be attempting to influence me, I would quickly refer them to the Constitution because it is written there in black and white,” she said.
The CJ, however, said she might not be aware if other judges of the Supreme Court have been compromised.
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