Post­pon­ing the re­peat pres­i­den­tial poll would have been the best de­ci­sion

The East African - - OPINION -

IT IS is no se­cret that Kenya is in a par­tic­u­larly pre­car­i­ous po­si­tion go­ing into the sec­ond pres­i­den­tial “elec­tion” fol­low­ing the over­turn­ing of the Au­gust 8 elec­tions by the Supreme Court.

The Court de­ter­mined that the process was so flawed and wrought with “il­le­gal­i­ties” and “ir­reg­u­lar­i­ties” that it had no choice but to nul­lify the elec­tion. The best way to sum its judg­ment is the prin­ci­ple ap­plied by the Court, i.e. prin­ci­ple of “fi­nis coro­nat upus” – which sim­ply means that the prod­uct is as good as the process that pro­duced it. The sim­plest anal­ogy is this, sup­pose your wed­ding day baker de­cides to use rot­ten eggs for your wed­ding, it will be a bad cake and he would have ru­ined that spe­cial day

. The In­de­pen­dent Elec­toral & Bound­aries Com­mis­sion (IEBC) was se­verely in­dicted and con­victed of elec­toral mal­prac­tices by the Supreme Court, it was given an op­por­tu­nity to re­deem it­self and fol­low the law.

At the time of the Supreme Court rul­ing, the IEBC put a uni­fied de­fense al­beit weak. Of course they lost. Now, rather than cor­rect its own mis­takes and con­duct a fair and free elec­tions, it has dou­bled down on its orig­i­nal sins, it is bla­tantly play­ing Rus­sian roulette with Kenyan lives in­stead. IEBC poses an ex­is­ten­tial threat to the Re­pub­lic as we know it and time to act is now be­fore it is too late. David Och­wangi Via e-mail

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