The decision by the Supreme Court to nullify the Presidential election based on simple areas of improvement by IEBC is a recipe for instability in this nation. Justice Maraga and his team committed a grave mistake by making a populist political judgment whose consequences could put this nation in a political quagmire.
A presidential election is a critical process whose ratification and nullification require highest threshold to be met. The Supreme Court dwelt on small system inefficiencies that do not meet the criteria for nullification of the results.
Facing the possibility of Supreme Court dictatorship; the likelihood of the judges being compromised leading to the whole country being in limbo, Kenyans must start a serious discourse on who should play an oversight role on the Supreme Court.
Article 163 of the constitution only deals with the establishment of the Court but nowhere in the sacred document provides checks and balances for the seven member bench of the highest court of the land. Supreme Court cannot be allowed to subvert the will of millions of Kenyans.
The sovereign powers belong to the people and not the judges of the Supreme Court. Constitutional amendment is now inevitable.