Githu Muigai: Doing the right thing does not require you to be with the majority

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The Supreme Court of Kenya

Professor Githu Muigai has told the Supreme Court that doing the right thing does not require one to be with the majority but conscious.

Githu said that Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati worked within the orders of the Apex Court issued in 2017 in the case of Maina Kiai where the court gave the IEBC chair sweeping powers to conduct election without interference.

While dismissing orders sought to remove Chebukati from office, the professor stated that Chebukati conducted the election within provisions of the constitution as and the petitioners have not pointed out any violations he made.

“Integrity is not numbers and that’s why the great statesman said, “I protest even if I do so alone”. He further noted, “To do the right thing does not require you to be with the majority, it requires you to be with your conscience.

According to Githu, the attack on IEBC is personal and has a long history. He added that the issue is how the persons who participate in the electoral process accept winning or losing.

“There is something very wrong in the way the persons who participate in the electoral process accept winning or losing,” Githu submitted.

Compromised commissioners

Githu said that there are indications that the four IEBC officials who distanced themselves from the results that declared William Ruto President-elect were compromised.

He said that the four, Juliana Cherera (vice-chairperson), Irene Masit, Francis Wanderi and Justus Nyang’aya were influenced by external forces to ensure the presidential election came to an end prematurely.

The advocate further dismissed orders sought to remove Wafula Chebukati from office saying he cannot be removed from office based on hearsay.

“The constitution itself contains complex processes of the removal of a person. He is now to be removed here by reference to affidavits of hearsay?” Githu questioned. 

Githu told the seven judges that the petitions are full of generalities and innuendos, have no evidence and nothing of probative value. 

“They even implied treason without a shred of evidence,” Githu said.

The court heard that the four commissioners even visited Greece where election material were being printed.