Kenyan election closely monitored by observers with the aim to provide credible election, the Supreme Court has affirmed the victory of William Ruto, prior to the claimed raised by his opponent Raila Odinga accused of electoral malpractice. The role Supreme Courts across various African countries play has been disturbing one, as one where power of incumbency is used as an instruments through which victory is overruled to be found in favour of incumbent administration, as a continual influence to undermine the crucial role the courts play in daily affairs of ordinary lives of citizens which is last hope of a common man, but now has become the lost hope of a common man.
The judgment that was delivered by Martha Koome, comprised by seven-member bench to solidified Ruto’s victory in Kenyan election held in August 9, 2022. What is in issue is the role of courts play in elections when frivolous reports are presented before it, in order to take away people’s mandate. Where contested arguments are placed before the court, it is the role they expected to play in a democratic settings to guarantee that the voice of the people are the structure of democracy but in Africa it has taken a different toll, which is against the mandate of the people.
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In Nigeria, Supreme Court has been associated with decisions which is contrary to the mandate of the people, used by incumbent administration to pervert justice. Judiciary has been playing a role which is damaging democratic institutions, those institutions through which people contribute to the government of their countries have been left with less relevance and insignificance, the role of a common man in assessing the parameter through those institutions are not preserved, and whether they are guaranteed and safeguarded place the judiciary as a watch dog to enthrone the detects of the law.
Judicial independence seems to be impossible to attain in Africa, both institutional independence and independence in discharging of their duties. Aggrieved citizens find it more tedious going to court than attaining justice, the impression they have created in discharging their functions have been a disturbing one, where political case sails through to Supreme Court more easily while cases which are not political cases spent 20years yet have not reached to be Supreme Court, by the time the original parties to the case might have died, the Supreme Court should assume their responsibilities as the last hope of a common man.
