The Judiciary has been advised to exercise judicial restraint when dealing with matters within the purview of Parliament and political class.
This has been echoed by a Kisumu politician Fred Odumo, who feels the judiciary should not push for the recruitment of the new IEBC Commissioners but give the political class a chance to expedite the process.
"Kenyan history has shown that our politicians have risen to the task in momentous occasions and put aside their political differences and steered the country into negotiated peaceful moments," he said.
Odumo said the conventional Court interpretations cannot be a solution to all the problems bedevilling the country and that is why Article 159(2)(d)of the Constitution recognizes mediation and arbitration as other modes of dispute resolution in the country.
He said putting in new Commissioners requires a political will, owing to the acrimony caused by the former commissioners.
Recently, the High Court ordered the immediate recruitment of the new commissioners to forestall a constitutional crisis in the country.
Odumo, a lawyer by profession, said the political class led by Kenya Kwanza and Azimio La Umoja had prioritized the issues surrounding the recruitment of the new Commissioners.
“The Judiciary should just allow politics to take centre stage in this matter. Political decision is paramount here,” said Odumo.
He noted that President William Ruto and Opposition leader Raila Odinga had charted a path that would ensure the country does not slip into political chaos again and there is a need to support them.
He said the process to recruit new commissioners had been put on hold in the past following the establishment of the bi-partisan talks where both Kenya Kwanza and Azimo fronted talks, which will among other things find out the best formula to replace the retired and ousted Commissioners.
Odumo said there is a need to allow the National Dialogue Committee (NADCO) report to be passed in Parliament to deal with the issue at hand.
Speaking to the press on Saturday in Nyakach where he met the local ODM party officials, Odumo said the process should not be hurried but allow the political process to be completed.
“Political question doctrine is applicable in Kenya and it dictates that courts should restrain themselves from delving into policy decisions championed by the political class in a bi-partisan manner with a view of fostering peace and stability in the country."
He added:
“In my view, the courts must be pragmatic, for example by giving directions and timelines within which such a process should be completed."
On the ODM party recruitment drive, Odumo said he will continue visiting the party officials at the branches with a view of energizing the process to have many numbers registered in the party.
Already, he has visited party officials in Nyando and Nyakach sub-counties as he promises to reach out to the other officials in the five sub-counties remaining.
“We can’t leave this process to Raila alone, we must step in and help in driving the process,” he said.
