Tuesday 10 January 2012

My case for the disgraced deputy CJ


Our television networks having realized that controversy sells have not stopped analyzing the infamous village market incident where the deputy CJ allegedly brandished a gun and harassed a female guard at the shopping mall. They have not just overplayed the incident but also raised the passion of Kenyans by asking questions such as,”was Nancy Baraza right to brandish a gun, or pinch Kerubo (the guard’s name) in the face?” Kenyans have also caught the cue with social media awash with humorous illustrations of the event. My favorite is the picture of the deputy CJ taking the place of Jack Bauer in the hit series 24.
Well, it is not difficult to catch the reason behind the excitement. The deputy chief justice had gotten the job on the platform of change, increased efficiency and adherence to the rule of law. Kenyans had expected a break from the past excesses of the powers that be and with the passing of the new constitution there was indeed real optimism that the dragon of impunity had been slayed for all. The mere manner in which she ascended into office was a real break from the past where cronies were rewarded signaled a new era in Kenya’s judicial dispensation.
But I believe that the media and my fellow Kenyans have got it wrong on this one .wait, am no apologist for Baraza. I am a believer inhuman dignity and respect for all irrespective of social and economic standing .I just do believe that the lynch mob that is baying for her blood are not driven by a honest desire to see justice prevail but by a malicious zeal to see her fall. Kenya’s activists have been largely responsible for the democratic space and freedom that we enjoy in this country and they deserve every ounce of respect. But I feel that they are fast losing the plot. Some in their mistaken belief that they are acting on the interests of mwananchi have taken tough positions on issues that don’t warrant such hard stances. Some use this opportunities to endure themselves to the electorate in readiness for their still born political ambitions.
There are procedures for vetting an errant judge. If we value the law so much then we should also wait for her to behavior to be termed unbecoming by an impartial and objective tribunal and not through the inflamed passions of the public court of opinion. If we are crusaders for human rights as we purport then we ought to realize that part of that is also respecting that a person is innocent until proven guilty. Part of that is accepting that as much as we are qualified judges as to whether food is salty or not, to determine requires a seasoned judge who looks at things not from a moral or religious prism but from a basis of what the law says. Then and only truly then can we pride ourselves of being custodians of the law.
This saga might prolong for sometime but believe you me, it will go away. Then what? The warmongers will simply go to the next victim. They will like a vulture patiently wait for some big shot to slip up and then hound him up like vultures upon a carcass. They see us merely as stooges to their means end. So the next time you have a strong position on something just ask yourself if it really is warranted.
 Unless of course we ni mutu ya Gor Srikal-they are the only ones allowed to stone and cause dismay without a worry in the world.


 




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