Lawyer Donald Kipkorir: Dear Uhuru, Here Are Three Ways Supreme Court Judgement Can Be Changed And It is Not The Way You Hope

Three Ways That Supreme Court Judgment Can Be Changed

Once Supreme Court has delivered its judgment, the matter is over and closed. The decision becomes binding on all Courts below without debate. If the Supreme Court said IEBC conducted the polls unlawfully, irregularly and illegally, then the High Courts and Magistrate Courts will have no room to wriggle.

The decision of the Supreme Court can only be overturned in three ways:

1. If the part of the judgment touch on Statutes only, like the Elections Act, Parliament can amend the law to comply with the judgment or to change that process. This amendment is prospective, not ex post facto. The Amendments will apply in 2022 Elections. The fresh Elections between UK and RAO will use existing laws. You don’t change rules if a game is a repeat.

2. If the judgment touched on Constitutional issues , or to curtail powers of Supreme Court, then you deal with it by National Referendum. And Referendum process is long, complicated, divisive and expensive.

3. Last way is by the Supreme Court reversing itself in future decisions. There is no room for review of Supreme Court decisions. They are never reviewed. The Court is however allowed to change its mind in 2022. It can’t change its mind now. To advise Jubilee that it can review the judgment is a fool’s errand.

PS. Any Statute or Statutory Amendment that violates the Constitution is void.


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