Ugandan radio personality, Mivule Basajja, has reminded President Uhuru Kenyatta that it was him who advised opposition leader Raila Odinga to go to court and should thus accept the decision the court made.
“Uhuru advised Odinga to go to court and challenge election results but now he is saying there is a problem in Kenyan judiciary,” Mivule was appearing on NBS “Eagle” programme Sunday.
Uhuru went personal and described the judges as “wakora” which means scum, idiots and thugs. Mivule said Uhuru is typical of an African leader.
“This Africanism affected Robert Mugabe [Zimbabwe], Dos Santos [former Angola president], Yoweri Museveni [Uganda], Paul Kagame [Rwanda] and now Uhuru,” Mivule pointed out.
Sembabule district NRM youth league leader, David Kabanda, who was appearing on the same show, said Ugandan courts are not dead but former Prime Minister, Amama Mbabazi, didn’t present enough evidence.
“They say evidence was stolen. We can’t blame court.”
According to Kabanda, Uganda’s opposition leaders always have no evidence for the population to support them in their petitions.
He said what the Kenyan Chief Justice David Maraga did was very right — but it’s going to be costly for Kenyans.
Makerere university law professor, Christopher Mbazira, said it is unfortunate that Uhuru used those words to describe the judges after their decision.
“He was saying ‘how can six people overturn the will of the people’ but he doesn’t know that these people are not self-appointed.”
According to Prof Mbaziira, judges are also politicians in a sense that they have to make decisions depending on the nature of the society.
“It was fairly an expected decision, even by Kenyans themselves. Courts in Kenya always want to maintain their status quo.”
Jude Byamukama, the lawyer who made his name during the “Mbabazi petition”, said what is fundamentally at stake is how the will of the people is determined.
“How can we be sure that what was announced by IEBC represented will of the people and not an individual’s will? Kenyans went to polls and voted.” To him, the question is if what IEBC announced was reflection of the people who voted.
“When you look at our judiciary here, its members are appointed by the president. In that sense, our judiciary is fixed,” Byamukama noted.
The Citizens’ Coalition for Electoral Democracy in Uganda (CCEDU) Coordinator, Crispy Kaheru, observed that election observers comment on things that they have observed and not what they didn’t observe.
“They don’t scrutinize tallying system. Their mandate is limited to observing elections on the ground.”
Kaheru thinks the model of election observation methodology should change. “What we need to do as election observers is to keep track of the entire election cycle.”
He said what this election has showed is that in any election, there is no small wrong or big wrong and that “we can’t trash observers’ reports because they singled out irregularities that led to the nullification of the election.”
Presidential advisor on media matters, Tamale Mirundi, says in politics, every decision is valid and that the purpose of Chief Justice Maraga’s judgement was to force Kenya to become one because it’s a divided state along tribal lines.
“We all saw what happened in 2007. You can’t plunge a country into chaos! The judge failed to understand that these two can never work together. After this, Uhuru will never work with Raila ever again.”