The supreme court as a slot Machine: An analysis of the formalistic and mechanical reasoning in Martha Karua -vs- Waiguru

Abstract

This paper will show that despite the fact that the constitution is now almost a decade old, its aspirations and promises have not been fully realized with the highest court on the land abdicating its midwifery role. The adoption of the robotic tendencies by the Supreme Court is a demonstration of this problematic legal culture that has bedeviled this country since time immemorial. This paper will briefly look into the mechanical electoral jurisprudence emanating from the Supreme Court and in particular the archaic and anachronistic reasoning in Martha Karua v Waiguru while relying on Lemanken Aramat v IEBC.