Why the abridged Supreme Court ruling on election stung like a bee

Judgments are written to communicate to three groups of people—other judges and lawyers, parties to the dispute and the public.

It’s communication to the public that connects judgments and journalism.

The nexus arises because judgments are communicated to the public through journalism (mass media).

If they are couched in complex, drab and dreary legal language, judgments and journalism may fail to communicate effectively.

Judgments should be understandable to the general public because they deal with issues that could affect their lives and welfare.

Traditionally, judgments are couched in legal language which makes it difficult for the general public to understand them.

But judgment writing doesn’t have to be complicated to have legal effect.

As a matter of fact, in recent years, there has been a movement towards the use of plain language in legal communication.

In my article, “A gift for journalists who often contend with jargon” (Daily Nation, May 21, 2021), I noted this trend in the BBI judgment.

The judgment was clear, digestible and powerful. It communicated to both lawyers and non-lawyers.

The judges took the trouble to ensure the judgment was couched in plain language.

Plain language, also known as plain English or plain writing, is vivid writing that is easy to understand.

It’s interesting to read and straightforward. It avoids obscure, drab and dreary language. It’s robust and direct. It’s the opposite of legal writing.

Powerful punch

The Supreme Court used plain language in its abridged judgment on Monday regarding the presidential election petition.

It delivered a powerful punch using turns of phrases used in everyday speech.

Some of the examples of the turns of phrase that served journalism in reporting the judgment well include “hot air”, “outright forgeries”, “red herring” and “wild goose chase”, used to describe the claims by the petitioners. 

The judgment was delivered in a language everybody can understand.

The court avoided the ponderous legal language, complex legal concepts and nuances associated with legal writing.

The result was that Chief Justice Martha Koome, who read the judgment for more than one hour, floated like a butterfly, stung like a bee, to borrow the phrase coined by famed US boxer Muhammad Ali. 

‘The work of God’

The CJ told us later—when she spoke on Wednesday at the funeral service of her aunt at a church in Imenti North, Meru—that the judgment was “the work of God”. 

In the judgment, the seven judges of the Supreme Court said what they meant and meant what they said.

They ensured that the nexus between judgment and journalism worked well.

They produced —I believe, for the first time in the history of the court—a media summary of the judgment “to assist the media in reporting". That made misreporting almost impossible.

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The only way you can tell a coop is not chicken housing but the short form for co-operative is if the word is hyphenated to read “co-op”.

But a cooperative is a cooperative, with or without a hyphen. Whether you hyphenate cooperative or not is a matter of style.

I explained this in “Cooperatives, chicken coops and the war on the use of the hyphen” (Daily Nation, July 1, 2022). My response was triggered by a complaint by Labourn Minishi, an expert on co-operatives.

He protested that Daily Nation columnist Isaac Nyamongo “invariably misspells the word co-operative” in his articles. Prof Nyamongo, an anthropologist, is deputy vice-chancellor of The Cooperative University of Kenya.

Mr Minishi, in his latest rebuttal, insists that the correct thing to do is to hyphenate ‘cooperative’. He says that has been the standard since the 1840s. The International Co-operative Alliance (ICA), which always features the hyphen in its books, journals and newsletters, is the final authority. Kenya is represented in ICA by six co-operative organisations, including the Co-operative Bank. 

“I want to encourage dubious communicators on co-operatives to recheck spellings in the Oxford English Dictionary,” he says.

Mr Minishi has 50 years’ experience in co-operatives. He has worked with co-operatives as a lecturer, director of studies, an employee of ICA and consultant in 10 countries in Africa. He has also authored three books on co-operatives.

“The NMG Manual of Style and Usage” doesn’t provide definitive guidance on whether or not to hyphenate ‘cooperative’.

This debate is now closed.

Kudos for reviving ‘The Weekly Review’

The relaunch of The Weekly Review last Sunday is refreshing, if not entirely surprising, coming as it did when a new administration under President William Ruto takes over the reins. 

When my brother learnt of the forthcoming edition the previous day, he wondered aloud if the genre of writers of yore still exists.

It was saddening to see the weekly fold at the turn of the century. My brother and I also reminisced about the prolific contributors to the Letters page.

I look forward to the incisive, analytical and highly informative articles of yesteryears that greatly shaped political thinking in its prime. 

Fearlessly written and edited under the watchful tutelage of editor Sarah Elderkin, The Weekly Review was unmatched, earning itself the enviable reputation of a must-read.

Fridays were not complete till one grabbed a copy. I still retain a couple of the magazines.

Kudos for reigniting the journalism fire. 

However, either due to age or otherwise, I struggled with the font and recommend that it matches that of the main Sunday Nation paper.

— Harrison Kinyanjui

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Bravo for the second birth of The Weekly Review.

It is great to honour the late Hillary Ng’weno, one of the greatest thinkers.

I have more than 20 copies in my home library dating back to 1981 when the cover price was Sh5.50.

At the time, there was a shadow hanging over Uganda. Deposed President Idi Amin, then a refugee in Saudi Arabia, was reminding President Milton Obote that he was still around.

The story was well reported in The Weekly Review. 

It was exciting to read letters to the editor, East Africa, Africa, business and finance, arts, sports, and book reviews, among other topical topics. 

Give us a page in Kiswahili—just to add value.

— Ndiritu Wanjohi, Nyeri

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An ‘independent news ombudsman’?

Having read your article, “How ‘Nation’ reported the news of the Chebukati-Cherera showdown” (Daily Nation, August 26, 2022), I have no doubt at all that you have all along been a supporter of the DP’s.

You have been trying to hide it but keen readers were suspicious of you! 

You have not quoted any reader taking issue with the Chebukati-Cherera spat—as is usually the basis of your comments.

Are you really an ‘independent news ombudsman’?

— Josphat Muindi

The Public Editor is an independent news ombudsman who handles readers’ complaints on editorial matters including accuracy and journalistic standards.

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