How Lady Justice Njoki Ndungu Ruled in BBI and what this Means for Ruto

The BBI has few things in common with the upcoming Presidential Elections petition in the Supreme Court. The most conspicuous similarity is that like BBI, the elections petition will pit Dr William Ruto, PhD. on one side, and President Uhuru Mwigai Kenyatta & Rtd. Hon Raila Amolo Odinga on the other side. 

Also, the case will be heard on a bench of the same jury that listened to the case of BBI. While 6 of the 7 judges of the Supreme Court upheld the rulings of the lower courts declaring BBI unconstitutional, Justice Njoki Ndungu dissented. 

Lady Justice Njoki Ndungu argued that there is nothing wrong in Mr Kenyatta initiating the process of amending the law. She added that Mr Kenyatta being the president does not take away his political rights.

She said sovereign power may be exercised directly or through an elected representative and that the President is an elective representative of the people.

Could her ruling hint at whose' side she will take in the presidential elections petition? 

Does this call for voir dire process before the case starts? 

All the same, the Supreme Court Ruling will for sure strengthen the IEBC and the process of elections in Kenya. It should not be merely about who won and who did not win. It should offer guidelines that will help Kenyans have subsequent peaceful and more transparent elections.