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OMWENGA: Time to unite the country

As provided under our Constitution and laws, the Supreme Court’s judgment is final

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by The Star

Africa05 September 2022 - 16:51
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In Summary


• William Ruto is the president-elect — regardless of whether one agrees or does not agree with the Supreme Court’s judgment.

• We must accept and move on as we should in this case.

President - elect William Ruto.

After another yet disputed presidential election in this great country of ours, the Supreme Court has yet again rendered a decision to bring finality to the dispute.

In this circle, the unanimous court dismissed the consolidated petitions challenging the presidential results and the IEBC declaration of winner, leaving intact the declaration of William Ruto as president-elect.

As provided under our Constitution and laws, the Supreme Court’s judgment is final as to whether the contender the Independent Electoral and Boundaries Commission declared as president-elect is, in fact, and law, the president-elect.

That being the case, William Ruto is the president-elect — regardless of whether one agrees or does not agree with the Supreme Court’s judgment. This is what is at the core of rule of law doctrine, namely, once the highest court of the land has spoken as to what the law is, or resolved a disputed matter, that is the end of it as far as what the law is considering the facts presented.

We must accept and move on as we should in this case.

Democracy, and democratic principles, which come in tandem with the rule of law, also dictates that once the voters have spoken, there is only one winner for a contested office or position as certified by those charged with the responsibility to conduct elections. In Kenya, that agency is the IEBC, and its predecessors—flawed as they may have been or continue to be.

Once the Supreme Court has spoken to any contested or disputed matter, the electoral management flaws and sins are wiped away until the next time.

Once can always hope as has been no exception going back to the Electoral Commission of Kenya days that subsequent electoral management bodies do better in conducting elections and delivering results that are accepted by at least a majority of voters as being credible, but that has yet to be the case.

We can only hope going forward we shall reach that point. But for now, we deal and live with what is on hand, which is, yet again another disputed election that this time has been resolved by dismissing those challenging it, unlike the last time when the Supreme Court annulled the disputed presidential election.

This being the case, every country has one president at a time. With the Supreme Court having affirmed the declaration of Ruto as president-elect, he must be accorded all the dignities and respect for the office he holds, starting from recognising and congratulating him accordingly.

I would, therefore, take this opportunity to congratulate Ruto as our now duly elected president-elect and wish and pray for him to take this responsibility with the humility and awe it deserves, and to get ready to lead our beloved country in a manner that unifies and not divides as we have becomes accustomed to.

In politics, there is time for battle, and then there is time to make peace, even with the most ardent enemies.

This is the time for Ruto to do just that, namely, draw deep and draw in even the most real or imagined enemies for the sake of country.

It is not time to avenge, whether by choice or by accident.

This is what marks and distinguishes a leader from the rest, and especially in a country that is as divided almost right down the middle as we are.

We are no exception in that regard as anyone who follows global politics knows.

Leading among divided countries is none other than the US whose centuries old democratic ideals are the model for modern democracies, pattered after the country they bolted from, the UK, itself and its democratic ideals being preceded by the Greeks, the mothers of democracy itself.

We are prayerful and optimistic the 2022 election journey has come to an end,and that Ruto will adhere to the wisdom he has learned or adopted as the man of faith he has outwardly shown he is—and for which he must be given the benefit of doubt, to lead this country to greater peace and prosperity.

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