Courts in Kenya are known to deliver controversial sentences, but postponing hearing of court cases for politicians in order to give them time to campaign is most bizarre to say the least.
It appears the courts are borrowing the cue from the Deputy Public Prosecutor, Noordin Haji, who announced a halt to prosecutions facing politicians until the end of election period.
In my view, both the DPP and courts are out of order.
Even if the decision to accord politicians’ preferential treatment is based on any existential law, operating a separate justice system for certain category of citizens is unacceptable even in heaven.
What is really happening in this country and its institutions? Have some officials run insane or are we being led by conjurers and demons?
What precedent is the court and DPP setting in future by delivering such discriminative decisions?
Only recently, the High Court and Court of Appeal, while hearing a case about the amendment of the constitution shocked the whole world by ruling that Constitution 2010 is unamendable.
Forget the fact that the Kenyan constitution has a whole Chapter detailing how it can be amended, it took the Solomonic judgement of the Supreme Court Justices to reverse a most dangerous ruling on constitutional matter in legal history.
Another ruling by controversial Justice, Juma Chitembwe caught the attention of world jurists when the judge ruled that a 13 year-old girl was to blame for being defiled because the minor took herself to the house of the accused.
This and countless other controversial and unfair judgements by courts in Kenya has lend credence to claims that justice is for sale in our courts.
Hardly a week passes by without a member of the bench issuing questionable orders or delivering sentences that are out of this world.
Justice delayed is justice denied indeed.
In the case of Malindi MP Aisha Jumwa who is facing murder charges, the court has decided justice delayed for the politician and the murdered person and family is right.
The DPP has on the other hand decided that prosecution charges facing the political class are not a priority because of campaigns.
In this regard, what the DPP and courts are saying is that selective justice is tenable in Kenya.
It also mean politicians are now insulated from arrest during the entire campaign period unless one is not connected to the other?
Are the courts and DPP aware that the IEBC official campaign period is yet to be announced and that the current campaigns are illegal?
These decisions and ignorance of the law, including impunity by ‘lawcarers’ add to a series of issues that are making Kenyans the most disillusioned citizens in the world.
As Kenyans wait to hear the Chief Justice, Martha Koome’s and the Attorney General, Paul Kihara’s views on this matter, one cannot stop wondering whether there is a deliberate plot to cause despondency in this country.
If that is the case, who stands to benefit from civil disobedience in this country?
Writing this article is in itself an effort because I am boiling with rage.
One day, the Judiciary and the DPP shall rule that dying has been halted or the sun has been ordered not to rise or set!
To say that these two institutions have overstepped the boundary of legal logic and common sense is an understatement.
How I wish a transformative President shall win in August and clean up the criminal justice system, including controversial institutions under the executive.
Change must come in this country otherwise we are doomed!
Kaunda wa Muchunku
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