On Saturday 30 March 2013, the Supreme Court upheld the election victory of Uhuru Kenyatta as President Elect and William Ruto as Deputy President Elect. In the ruling, Chief Justice Dr. Willy Mutunga said the six judge bench had come to a unanimous decision on all four issues before them. The judges ruled that the elections were conducted in a free, fair and transparent manner and in full compliance of the law. ‘The Supreme Court has done its duty and it is now the duty of the Kenyan people, leaders, civil societies to play their part and ensure that the unity and sovereignty of the nation is preserved,’ said Mutunga. The judges dismissed Mr. Odinga and Africa Centre for Open Governance (AFRICOG) calls for fresh election on grounds that the elections were flawed. [Source: CITIZEN]
This decision was reached based on the principle of the Kenyan constitution that human beings are the legislators of laws and that there is nothing superior other than what is contained in the constitution! According to the Kenyan constitution, all problems affecting human beings, be it political, economic or social must be solved according to man-made laws. This is a secular thought built on the ideological creed of capitalism which emanates from the mind.
According to secular thought, human legislated laws are superior and cannot be opposed by anybody as they guide the government and all of its institutions. It is quite clear that carrying such a thought or to be carried away by its decisions is against Islam which is an ideology emanating from divine revelation from Allah سبحانه وتعالى. He has ordained for all mankind to lead their lives according to Shariah laws as he is aware of all things. Either, Allah Ta’ala commanded that all disputes be resolved according to the book and Sunnah as He stated, “When in dispute on any matter, refer it to Allah and His Prophet صلى الله عليه وسلم if indeed you are believers in Allah and the day of reckoning.”
This is how Islamic judges (Qadhis) in a Khilafah state deliver judgment on any problem based on the guidance of the Qurán and Sunnah of the Prophet صلى الله عليه وسلم. Courts operating under man-made constitutions are not immune from defects. It does not matter the number of judges, their education or understanding in any way but as long as they are human beings, their judgments are affected by the environment, period and pressure from the wealthy elite. There are many examples in the world which demonstrated how courts were caught up in scandals of falsifying cases to benefit the wealthy. Either, there are many examples of judges who were sacked or even murdered after delivering judgments that are against the interests of Capitalist politicians.
As of free and fair elections, in reality, Hizb ut Tahrir / East Africa questions how there could be free and fair elections when democratic politics are very far from truth and justice? These politics are a colonial tool used by the west through the slogan of “free and fair elections” to impose on the public leaders whose job is to make easy for the west to continue their evil plunder of resources from small states! Western countries compete in getting their political puppets from these countries and sponsor them so as to win elections and later on form governments that help achieve their colonial objectives. That is why they send their agents (international observers) with the objective of ensuring that whoever wins is their puppet. The reality is that if the one who wins is not the desired person, they immediately state that the elections were not free and fair and that democracy is being sabotaged!!
In reality, victory of a leader in democratic elections is not victory for the public but for him and those capitalist sponsors. In contrast to Islam, when a Khalifah is elected by the people, he takes the responsibility to look after their affairs as they are the ones who elected him and on the Day of Judgment, he will be accounted on how he ruled them. In recognition of this, Umar bin Abdul Aziz (ra) after being elected Khalifah wailed when he thought of how he will be accounted by Allah سبحانه وتعالى on the Day of Judgment! We expect that only in a Khilafah state, there will be true courts and honest pious leaders who will care for the interests of the public. Truly, they will not cry for losing or celebrate for winning leadership!
Shabani Mwalimu
Media Representative
Hizb ut Tahrir /East Africa