CAPTION: The President of the Supreme Court of Kenya, Chief Justice David Maraga during a past function. [Photo/tuko.co.ke]
A United States law scholar has faulted the Supreme Court for upholding President Uhuru Kenyatta's reelection in the October 26 repeat presidential election.
According to Prof Makau Mutua, the top court led by Chief Justice David Maraga erred in its decision to declare Uhuru legally and validly elected.
"Justice David Maraga and his fellow judges robbed Kenyans of sovereignty on Monday and stamped illegitimacy," he said.
In an opinion piece published by Sunday Standard, Mutua said top court made a 'disappointing' ruling, having previously annulled a presidential poll.
"I incorrectly thought the Supreme Court had turned the corner on September 1. I was dead wrong. My celebrations- like the rest of the world- were premature," he said.
The controversial scholar said the Justice Maraga-led court must see itself as an instrument of substantive justice and an embodiment of the people's sovereignty if it intends to fulfill the envisaged in the 2010 Constitution.
"I hope Monday's ruling doesn't chill the brave and astute cadre of High Court judges who see the law as a dynamic tool for social change. The Supreme Court has abandoned them," Mutua remarked.