Nairobi — Judges and lawyers in the Supreme Court proceedings on Raila Odinga's presidential petition were in stitches Thursday when one of the Judges asked lawyers representing President-Elect William Ruto if they were seeking a 'Solomonic' judgment.
Justice Smokin Wanjala, who always put up a serious face throughout the proceedings lit up the court when asked lawyer Kioko Kilukumi to clarify if indeed they were seeking a Solomonic judgment, having referred to the bible story in his submission while defending Ruto.
"One of the mothers who according to Solomonic wisdom could not have been the mother, was the one saying cut the baby. I also remember the other mother; the real mother was saying no let her take the baby because she was interested in preserving the baby. Would you be willing to advise..? I rest my case," Justice Wanjala said, lighting up the courtroom that had spent two days listening to arguments from lawyers.
In his submission, Kilukumi had told the court that election victory belonged to Ruto and should not be divided into two.
"Baby victory has a clear DNA. His DNA is captured in Forms 34As and 34B. Baby victory belongs to honourable William Samoei Ruto. Give him his baby. Do not divide the baby," Kilukumi pleaded.
He accused Odinga, who is the main petitioner, of seeking absurd orders from the court "when he clearly knows that he lost in the election."
"Today, you do not have mothers competing for this baby. You have two gentlemen claiming the baby. What does the petitioner ask you to do? Just like the days of Solomon he says; give me the baby, the baby is mine; then he goes ahead to say if you cannot give me the baby, slice him into two," Kilukumi said.
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The Judgement of Solomon is a story from the Hebrew Bible in which Solomon ruled between two women both claiming ownershio of a child.
Solomon revealed their true feelings and relationship to the child by suggesting the baby be cut in two, each woman to receive half.
The real mother, unable to bear her son being killed, immediately offered him to the other woman, to save the child's life, whereas the other agreed to the proposal.
Solomon pointed to the first woman and said, 'she is his real mother'.
Kilukumi was referring to prayers in the consolidated petition where Odinga asked the court to nullify the August 9 presidential election results, accusing the Commission of rigging him out in favour of Ruto.
In the prayers, the petitioners also submitted that Ruto had failed to attain the 50 percent plus one vote required by law, allegations the commission dismissed.
IEBC Chairperson Wafula Chebukati, on August 15, 2022, declared Ruto the President-Elect after garnering 7,176,141 (50.49 percent) votes against Odinga, who got 6,942,930 votes (48.85 percent).
The court will issue a verdict Monday.
