MAL /24/18
FIRST WORD
Marketing Africa limited
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TANZANIA
Marketing Africa limited
Cell: +254 - 717 - 529 052
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UGANDA Marketing Africa limited
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MARKETING AFRICA
TEAM William Kalombo, Mutua Mutua,
Riapius Magoma ,Stephen Waweru,
Harliet Njenga.
EDITORIAL
CONTRIBUTORS
DESIGN & LAYOUT
Mutua Mutua
Herman Githinji
Evans Majeni
Diana Obath
Boniface Ngahu
Carolyne Gathuru
Thrity Engineer-Mbuthia
Timothy Oriedo
Wasilwa Miriongi
Dr. Clifford Ferguson
Eugene Wanekeya
Dr. Maureen Owiti
Kepha Nyanumba
George Mbithi
Flavor Mangula
Andrew Human
Caroline Mwazi
Dr. Ken Tarus
Walter Nyabundi
Isaac Ngatia
Richard Wanjohi
Faith Alai
Hosea Kili
Riapius Moenga
Senorine Wasike
Dr. Wale Akinyemi
Michael Nzule
Marion Wakahe
Jennifer Mwangangi
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MAL /18/17
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MAL24/18 ISSUE
02 @MarketingAfrica
Marketing Africa
On Legal Minds
The last time Kenyans had to contend with a tyranny was when
the famous phrase ‘a tyranny of Numbers‘ was coined to explain
how the political might of the ruling political coalition could
not be felled because numbers count in an election.
The opposition coalition must have retreated to lick their
wounds and realized that a straight forward assault on the
ruling coalition was not likely to bear much fruit so a different
strategy had to be hatched if political ambitions were to be
realized.
It is however doubtful if what we were to witness was at all
beneficial to the furtherance of democratic ideals or even if
the spectacle that ensued was what was envisaged by the new
constitution that has been touted as the most liberal in any
developing country.
What the opposition came up with was a strategy that they
branded as a ‘A Tyranny Of Brains’ and which they have executed
with both panache and at times a diabolical determination to
thwart the rule of law by using the legal machinery.
This has been possible largely to a strange phenomenon in
Kenya that the opposition happen to be led by the only person
in Kenya who has a real and large constituency solidly behind
him. So he has succeeded in waging a legal guerilla warfare on
the ruling party.
The opposition, knowing that they have a sea of fanatical
followers ready and willing to respond to the call of their
messiah have been able to intimidate the government and create
an alternative center of power that threatens to disenfranchise
the ruling party.
Interestingly they challenged the last elections on technicalities
and actually managed to have the election nullified but then
went on to puzzle all bystanders by boycotting the elections
and to declare that they would not be free and fair.
The same group then went ahead and declared that they had
won the first elections after the court upheld the re-election of
the president in the second elections which begs the question
why they had not declared they won the elections in their
petition.
We had warned earlier on an emerging trend where Kenyans
were becoming litigious to a fault and we are now starting to see
how energy sapping the strategy of settling political differences
in court can get. The tyranny of brains has been unleashed.
The courts find themselves in a hapless position of being
damned on whatever ruling they make and this erodes the
authority of the courts in that one starts to politicize any ruling
of the court with the tribal monster menacingly hanging in the
background.
What we are witnessing is a gross misuse of the court process
and we shall one day rue the day when we allowed frivolous
and time wasting litigations to occupy the courts time. We