By Ruel Waithaka
Activist Okiya Omutata once referred the judicial process in Kenya behaviour like that of a condom. Couldn’t agree more.
During my youth years back in high school, a story was told of body organisms that trained hard for the ultimate competition day on who would be the first to fertilize the egg. When the time came, they warmed up, when the whistle was brown it was everybody for himself and God for us all. But half the way the track, they realized they were headed in the wrong direction, dark and smelly, unknown to them the ticket for the journey is like that of planet Mars, one way, their years of exercise and training were dashed never to get justice or even appeal for their “constitutional/biological right†to be heard and determined.
This story elucidates two scenarios, the supreme court final ruling that cannot be challenged, but I want to dwell with the second, had it been in Kenya the body organisms would have filed a certificate of urgency to the Supreme court possibly ask for a stay order to be allowed back and continue exercise until the case is heard and determined. A decision that would have been granted effortlessly as has been then norm.
Pontius Pilate looked at the Romans and asked between Barnabas and Jesus who deserved to be crucified. The answer was unanimous and this shaped the human religion entirely. Had that been occasioned in Kenya, Mary would have filed certificate of urgency to halt the crucifixion until the case was heard and determined. This would again have shaped the Christian religion, as we know it today. Christianity was on trial.
The court rulings over last few months have been synonymous with phrases and actions such as ‘stay order, until heard and determined’. High court populist and sensational rulings that are maliciously motivated by backgrounds of social activism have exemplified judicial activism. It’s like asking Boniface Mwangi to hear and determine a case involving the legislature to increase their salary. The rulings are later quashed by higher courts reason being they lack consistency with provision, principle and clear understanding of the law. The speaker of the National Assembly is on record calling them “idiotic and silly†orders, am inclined to second that.
From tendering companies, governors, MPs, CBK governor and former government officials obtain orders not to be prosecuted, investigated or arrested until their case is heard and determined. When will ‘Kenyans’ ever get search orders? Court injunctions have become the new escape to prolong once stay in office and legalize corruption and rubber stamps to awards the corrupt.
Our national anthem calls for justice to be our shield and defender, am strongly persuaded to replace ‘impunity be our shield and defender, judicial activism be our shield and defender’. Why so, petty offenders languish in penitentiaries, while leaders slap each other in public view and given orders to reconcile/ exchange monies. Why do we have justice for the rich and other Kenyans? Where do I belong? With Judiciary in Egypt sentencing 529 to hang am a very worried ‘other’ Kenyan.
Access to justice remains a preserve of a few, former US secretary Hilary Clinton summarized it ‘why hire a lawyer when you can buy a judge’ bribery and corruption is necessitated by lengthy and inefficient justice systems. Is justice in a democratic country that elusive? The Judiciary is sowing seeds of anarchy in rich fertile soils of frustrations watered by hopelessness and desperation and the repercussions are dire.
Following the hearing and determination it was found an extremist who declared war with the Republic of Kenya, praised the Likoni Church shooting of ‘infidels’ and called for more of similar atrocities it was found that his Human rights had been violated and awarded Kshs. 674,000. Ooh my! Would I be wrong to conclude we have an Extremist Judiciary too? Or is it lucrative to be outspoken extremist. Luckily he never lived to enjoy fruits of extremism as defined by our own Judiciary.
Hon. CJ kindly explain to me like a 2yr old, since when did minority extremists, bandits, criminals and corrupt leaders enjoy equal constitutional rights than law abiding Kenyans? For heaven sake even our Hague bound suspects have limited freedom and movement.
I rest my case Hon. CJ hoping you will hear and determine my thoughts