By Arch. Dr. Isaac Kinungi for The Diaspora Times
They say justice delayed is justice denied but at times its better for the same to be delayed to be heard by competent judges and therefore, there is no hurry to appoint incompetent high court judges.
The Kenyan judicially has overstepped beyond its mandate of providing justice to the offended and is now on a path to continue maintaining and assisting cartels that want to seek power through the back door.
The constitution of Kenya states that sovereign power belongs to the people and the same is only exercised through the constitution. (If the constitution is defective, the people have a right to rectify the same through amendments).
The people can exercise that sovereign power directly or the same can be exercised indirectly through their elected officials.
The elected officials therefore, are the only ones who can safeguard that sovereignty if the people have no other avenue to do so.
The President is the key representative of the people WHO mandated him to safeguard their interest including their sovereign power. The constitution does not mandate that power to the Chief Justice or any other judicial officer( except only interpretation) and hence- the President is the final custodian of the constitution to safeguard the interest of the people.
He swore to safeguard the constitution but the same has limits when it comes to rights of the citizens which are always above legislature like the rights to life, certain freedoms and the pursuit of happiness. The same constitution can also be overlooked if it is intentionally misleading people though hidden defective clauses only known to a few who made the same and may require amendments from time to time.
The President through consultation is therefore duty bound to safeguard the interest of the people where the constitution has overlooked, erred or omitted.
A good example is the current stalemate where the President is being directed by the judiciary to appoint judges of questionable characters. The same may not happen in order to safeguard the interest of the people if the President through advice has sufficient proof that the said persons have integrity issues that need to be addressed first. (Which is the issue now)
We are faced with a dangerous trend in Kenya where Judiciary Activism was started by the same individuals that the President is required to appoint. They are being financed by players affected by the tough measures the Government of President Uhuru has put in place. There is a certain ruthless cartel made out of individuals within the Judiciary and others in government who are supported by wealthy unscrupulous business men and women – that are actively and vigorously working round the clock to destabilize the Government of Kenya.
All are not happy because, His Excellency the President- Uhuru Muigai Kenyatta, started slowly but effectively sealing the corruption loophole where the cartels used to win Government, public tenders and would end up being paid millions even without supplying anything. Some projects were escalated through variations and millions paid for non-existent extra assumed imaginary proposed work.( Good examples are the two dams)
The mega white elephant projects at county level, and Government level, are now controlled by the office of the President or rather at State House, and the huge theft of public funds, is no more and thus making those that used to benefit, to come out forcefully with negatives towards the President.
Many of such have joined the Tanga Tanga brigade and some main stream media to discredit the President and the same, are joining the Judiciary to attack the head of State who as simply put, is not equal in authority to the other three arms of Government. He is the CEO and definitely above all due to the fact fact that he is the commander in Chief of the Armed forces and he still has un-equaled Presidential powers and directives that cannot be underestimated or questioned.
The retired judges David Maraga and Willy Mutunga were simply part of those aiding the cartels to continue working without facing any criminal proceedings. The cartels together with past inefficient supreme court judges are now campaigning hard so that the corrupt judges can be promoted to continue safeguarding their interest. Their evil proceeds, feel threatened and they will do anything to safeguard them, killing included.
All the same, we should not relent and all development conscious people, should support the President and his Government to continue steering Kenya to greater heights of prosperity and it’s only through removing the bad elements in Government, that we shall win the war on corruption.
The newly appointed Supreme Court Judge Martha Koome, should not start a war with the executive and should not lower herself through tweeting to the head of State whom she can seek appointment to discuss the need if any- of promoting the said six judges.
Trying to solve a stalemate through tweets and press conferences, will not work and the same- will just escalate things even further and she may soon reduce herself to the level and status of Miguna Miguna.
The President has an advisor on legal and constitutional matters and the same legal person, knew that he was within the constitutional boundaries while advising the six to be omitted and hence justified.
The six should now be subjected to an integrity test to clear their names and those found not guilty, will get the appointment if they deserve. ( But the best available option left for the six is to resign so that they can retain the little dignity left)
We should not politicize the whole issue and the Chief justice, should first handle the more urgent matters of finalizing piling cases at the high court and even promoting more judges who have no serious integrity issues as there are many others that deserves similar promotions.
We cannot continue fighting for corrupt people who are on cartels payroll and the best thing to do now -is to support His Excellency as he prepares to vacate the office next year. A smooth transition is more important for all in Kenya so as to enable him to hand over power to an able Kenyan who will be elected by the people to continue developing the Country while uniting them.
That person must demonstrate that he is not part of the cartel working in collaboration with the Judiciary to protect corrupt people that will continue robbing the country and denying essential services to the poor people.
Let the war on corruption continue bearing in mind that the same will be won by getting rid of those that support corrupt people and replacing them with selfless able Kenyans who have the interest of the country at heart and as Martin Luther King Junior put- It is the fiercest urgency of now.
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