Supreme Court judges in a previous sitting. Some have since exited the bench. [Photo: diasporadical.wordpress.com]Opposition leader Raila Odinga's challenge to President Uhuru's reelection proceeds in a polarised environment, Lawyer Nelson Having has said. Havi notes that both Uhuru and Raila have attacked the Judiciary’s handling of electoral disputes preceding the General Election.Raila has given the Supreme Court 'a second chance to redeem itself' and commenced a campaign for truth and electoral justice. Nasa co-principal Musalia Mudavadi has demanded that each Judge writes an individual decision to be read in determination. He said there will be no more repeat of Mutunga’s '5 minutes' decision.Uhuru on the other had told the courts 'not mistake our meekness for weakness and won't allow them (NASA) to use courts to win this election through the back door'. Elgeyo Marakwet Senator-elect Kipchumba Murkomen even dared CJ David Maraga to vie for President."The Supreme Court is on trial, as is the dispute before it. Fair comment and criticism are permissible. Threats and intimidation do not amount to contempt, if not made during a sitting or attendance in court. Even if not fair, they should not be pursued. It is cautious not to excite a charged arena," writes Havi in Wednesday's Star.He adds: "In 2013, justice was sacrificed on technicalities. An unreasonably high standard and burden of proof hitherto unknown in the Commonwealth was set. Reliance upon decisions from Nigeria, Gabon and Uganda, countries without serious legal ferment, was a monumental error. There abound many local cases for an application."Havi further adds that the complexity of a Presidential petition is the volume of evidence and time constraints and an in-depth trial is impossible.

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