Friday, September 1, 2017

Uhuru? Not yet. Not, yet.

The mother continent is kicking off September with a cracker!  Chief Justice  David Maraga, of the Republic of Kenya has ruled in favor of Kenya's opposition, nullifying the Presidential elections.  The Supreme Court has requested the IEBC (the Independent Electoral  and Boundaries Commission) to hold a re-run in the next  sixty days. Kenyans on Twitter (KOT) and indeed the whole world has been tweeting away, mostly heaping praises on Maraga for a decision that is termed "courageous".
So is it just about courage? Is it only courage? Is courage the only principle here?  I dare say no.  I would want to take a look at a few other principles. 
The technology
The elections were electronically empowered. These days, they mostly are. Voter authentication was machine-based. The famous 34A  and 34B forms that contained results were scanned and uploaded to databases. Once data from these forms  were captured  and centralised and submitted, they could be accessed by anyone who had the authorisation.  The confrontation of these  forms against the final tabulation  and the irregularities therein were key in  the decision of the Supreme Court.  

Open proceedings in court
I must salute the Court for allowing live transmissions of the proceedings. Nobody will say that the judges did this in a closed chamber. Chief Justice Maraga, and his fellow Supreme Court judges listened to both the accusers and defenders in this case. I recall reading the analysis of a lawyer friend on the "dazzling" performances of certain lawyers.  Transmissions were livestreamed over the world wide web by media houses.  Anybody who cared about the proceedings could follow online. I followed online.

The citizens' engagement
I cannot say if it was:
  •  the experience of the last election that ushered Uhuru Kenyatta  into the State House,
  •  the bravery of the Kenyan people,  
  • the fear of civil war, instability or social crises
  • the "Magical Spirit" 
  • the media engagement at national and international level

But whatever it was, there was real follow-up by Kenyans. Voting was one thing, but protecting their voices was an entirely different thing. Through it all, I salute the people of Kenya.. Thank you for not just voting and going to sleep. 

There are certainly other principles that came to play here. I am not able to capture them all.  I am still reading, following .. learning.  Earlier today, I tweeted my thoughts.  Basically this:
- It is not yet  freedom (uhuru) in Kenya. Things may still turn out badly.  The crisis is not averted.
- It is not yet, Uhuru (the President).  Sir, the re-election needs to be confirmed. The judgement was not on your person, but on the work done by the IEBC.
- It is not, yet uhuru. This September may not be the freedom for Kenya, but it is freedom all the same.  Raila Odinga, Opposition Chief, says it is a "historic day for Kenya and for Africa".




I have eyes on Kenya.. I am not alone. All of Africa have eyes on Kenya. The world has eyes on Kenya. Chief Justice Maraga seems to have passed his  test. I cannot say to what level his courage (and his Seventh-Day Adventist Faith) came to play here.  But the courage, the technology, the open proceedings and the citizen engagement  are needed  now.. more than before.

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