Though it was described as a session to give directions, it was actually an occasion for the court to respond to wide ranging commentaries on the social and mainstream media, political meetings, and other gatherings on the merits and demerits of the cases.
Prime Minister Raila Odinga has filed one petition, another by a local NGO officials, and the other by three voters – all raising issues on the presidential election.
The CORD and Jubilee coalitions have been competing in the social media, each trying to play out the strength of their evidence and downplaying the other side’s allegations.
Some commentaries in the social media also border on character assassination of some of the six judges and attempts to use ethnic parameters to classify them.
Supporters of some parties have been camping and chanting outside the court premises whenever their parties are presenting papers in court.
In the directions read by Chief Justice Willy Mutunga in the presence of the other five judges, the court said it is now prepared to hear and determine the petitions on the basis of the Constitution, the applicable law and the evidence.
“In the interest of justice and for efficient and effective, transparent and impartial determination of the petition, the petitioners and respondents and their agents, supporters or advisors are directed to desist from prosecuting the merits of their cases in any forum other than in this court,” said Dr Mutunga.
The judges told advocates in the cases to advise their clients on the consequences of conduct or statements that can undermine the authority of the court.
“While the media must, in keeping with its constitutional mandate, keep the public informed about the progress of these petitions, media houses and individual journalists and commentators are to perform their functions in a fair, impartial and responsible manner. The media is required to strictly adhere to the code of conduct for the practice of journalism in Kenya at all times,” the judges’ statement read.
-Standard Digital
