Obiter Dictum: New legal jargon that got Kenyans scratching their heads
As Justice John Mativo delivered his judgment on the inclusion of presidential candidate Ekuru Aukot in the October 26 election, Kenyans online captured a legal jargon.
Justice Mativo in his ruling said an “Obiter Dictum” is not legally binding while referring to the Supreme Court decision in 2013.
The phrase is Latin for “by the way” and according to the online legal dictionary it means, “Remarks of a judge which are not necessary to reaching a decision, but are made as comments, illustrations or thoughts.”
Kenyans online quickly picked up obiter dictum while seeking to flesh out its meaning.
Justice Mativo " Supreme Court decision of Raila 2013 on what fresh elections means was an Obiter Dictum & doesn't bind the High Court."
— KIPCHUMBA MURKOMEN, E.G.H (@kipmurkomen) October 11, 2017
An obiter dictum has no binding authority. It is a by-product of the original judgment. They are only remarks and opinions of the judge.
— mohammed (@maisas06) October 11, 2017
Mkijua maana ya Obiter Dictum mtuambie.
— Churchill (@MwalimChurchill) October 11, 2017
Others poked some fun into the use and meaning of Obiter Dictum;
You will not find 'obiter dictum' in those notes, not even in any High school book ?? https://t.co/a9eoKOUILq
— Mwanthi ™ (@Mwanthi_W) October 11, 2017
I think that the US not qualifying for the World Cup is obiter dictum. Arsene consistently refusing to sign up good players is obiter dictum
— Wallace Kantai (@wgkantai) October 11, 2017
"Obiter Dictum" is a situation when a slay queen hates u 'Obiter'' But u have a sweet dick "Dictum" or dick tamu so she gives it to u anyway https://t.co/dw9Ff1JNcP
— El patron (@baroswinger) October 11, 2017
finally we have found a name to this kafeeling??? Obiter Dictum pic.twitter.com/vWKrtO9pqO
— Eric safari (@ericsafari254) October 11, 2017
I guess ni part ya mwili. Hapo karibu na rectum. Lakini sisi biology hatukufika hapo
— Muya George (@gnmuya) October 11, 2017
He will be told “Obiter dictum” meaning obirt ni tamu
— Mombasa Press Club (@Mombasapresscl1) October 11, 2017