There is such a ruckus over the selection of the Chief Justice and his deputy. The nominated Deputy CJ, went to court to try and gag the Law Society of Kenya from issuing political statements, now she is touted as being reformist Number 1! The Chief Justice nominee, turning up with a stud in his ear that he was instructed by his ancestors to wear. I wonder what other instructions he receives from his ancestors, and if it is they he always obeys, since he claims any attempt to have his remove it will see him relinquish the post of CJ.
We have been treated to a comedy of horrors, interviews that were more like Gestapo Interrogations than anything. Humiliation and Embarrassment of the highest order of distinguished men and women in our legal fraternity. And all for what? To end up with a Chief Justice who wears a single stud on his left ear, and says if he has to remove it for him to be Chief Justice, well we can keep the job because that stud is too important to him. Shocking, how much premium he places on the fact that he is to lead a whole arm of government. If put on the scale, the CJ's job weighs less than a stud! Yet there are men and women who have devoted their whole career to the dispensation of justice, and yet alas, they were found wanting! (The gospel according to the JSC)
I know, I can rant and rave about it, but one thing I have decided to do, is let this madness run its course. It seems Kenyans are obsessed with making the wrong decisions under the guise of taking a new direction. The more incredulous the choice, the more radical and forward thinking it is! Well, those who don't learn from history are duty bound to repeat it, so I guess the shouts of "ouch!" from other jurisdictions went unheard and unheeded here. The are labelling all voices of caution or dissent as being "anti-reformist" or being the forces that are corrupt and are afraid of their old ways being exposed. It is preposterous! However, one thing I have learned, justice is crucial, for every society. Play games with it, and what you risk losing is more than you gain of it. Just a stud? I wonder what else will be fine by us in our compromise to try exorcise the spirit of "Moism" from our systems.
We have a new Constitution. Most of the provisions will be given life either in parliament or in the courts. The new set up of the county assemblies and the bi-cameral parliament will take quite a while to be established. So guess who will be in charge of giving life and meaning and interpretation to the Constitution? With an Activist Chief Justice, and an Activist cum Reformist Deputy, its only a matter of time before Judicial Activism takes over. The Chief Justice, who will be the head of the Judicial Service Commission, will be in charge of deciding who is in the Supreme Court, the law making court. Have you seen some of those looking for Supreme Court Positions? Njoki Susanna Ndungu, she who has never practised law in the court corridors, and is reknowned for her activism. Hon Martha Koome, former FIDA Kenya stalwart. The Supreme Court has a total of 7 judges, if four are guaranteed activists, what hope do we have that we have not just ushered an era where those 7 unelected judges will decide the fate of this land. It will be a sad day for Kenya, when Judges will decide what law governs Kenyans, rather than parliament, our chosen representatives, but that day is indeed coming.
All I can do now is pray, which is what I am doing for Kenya. I give up any earthly wisdom on how Kenya's issues can be resolved, and I leave it to God to decide. Did we leave it too long? Is all lost? I leave it at the Potter's Hand, we are but clay.
No comments:
Post a Comment