SELECTIVE JUSTICE: WAY OF LIFE IN KENYA

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Selective justice in Kenya has always been there but it was clearly shown when in 1980, an American Marine named Frank Sandstrom was released and only told to pay a minimal fine that her mother had simply removed from her purse.

Sandstrom was a foreign national who entered Kenya then hours later murdered a young twilight girl in cold blood. He was thereafter arrested then pleaded guilty and without delay got away with a pat on the shoulder due to his colour of his skin.

Frank Sundstrom pleaded guilty of intentionally killing Monica Njeri , a 29-year old Mombasa twilight girl, but walked to his freedom with a $70 fine and told to be a good boy for two years.

The 29 year old heavily tattooed boy while smiling waved to cameras and after arriving in US rejoined the Marine force.

There was not a single activist to raise concern but there was one principled Attorney General called James Karugu who was not satisfied but the powers that be overruled him and Monica case was shelved and only years later appealed and a meager compensation handed out.

It was then rumoured that a senior Government official had been called by  a high ranking American official and Sandstrom freedom was negotiated by compensating Kenya with an old F5 Jet that would later almost cause the life of an Airforce soldier. The officer had miraculously survived by ejecting himself and later landing safely but the Jet was no more.

In the year 2009, Tom Cholmondeley, the son of Lord Delamare, got away with murder with only a sentence for 8 months after shooting to death stonemason Robert Njoya at his Soysambu farm in Nakuru.

We write about the two cases just to show Kenyans that judiciary has been corrupt from inception.

There are many cases that have been tried there but half the cases show selective justice applied. It is normally done due to the colour of the skin or due to money changing hands or simply how connected one is to the system.

If people then can get away with murder, what is corruption for that matter. There will be many men in sheep skin head gear listening to corruption cases but it appears like the culture of that goat headgear is a reflection of some form of intellectual disability because nothing gets done.

All high profile cases drag in the high court and are overtaken by those of petty offenders who get slammed heavy jail term like in a way compensating for those that get away with murder.

There have been Hollywood like famous criminal lawyers like Georgiadis, late SM Otieno and now Chris and all they do is to go for high profile cases and emerge as stars when obvious criminals are released and one wonders what is the meaning of justice. Do such lawyers get satisfaction while knowing very well that a murderer is back to the streets?

A young man killed an innocent girl recently at Moi University and he is caught and all evidence is there and then members of public are  thereafter fed with nonsense they call committal documents.

The  question is why can’t those committal documents be produced promptly on the day the suspect is taken to court and the case tried in a hurry as there is no doubt since it was done in broad daylight.?

A thief caught up stealing eggs from Ruto’s Sugoi farm will be tried and jailed in a hurry due to orders from above and one wonders why those orders are not used in all cases.

Justice delayed is justice denied and all the cases pending at the high court are not processed in a hurry so as to give room for negotiation. Files go missing and cases go back to square one and its all done to deny justice to victims.

We can fill a whole volume but to summarize, there is need to overhaul our court system and maybe come up with a system where say like traffic offences are dealt by the arresting officers by way of direct fine. Speeding tickets given by surveillance cameras to avoid overcrowding in courts as many cases can be finalized by using technology.

This is a topic that needs to be revisited

Jean Kamau

Columnist

Kenyan Parents in USA

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