Defying courts over County bosses sure recipe for anarchy

By David Osiany

Impunity. This is probably one of the words that Kenyan children today grow up hearing and which they may end up not understanding.

In fact I can guess that somewhere in the rural Kenya, there could be a baby named Impunity Chege, Impunity Amondi or even Impunity Nafula. So normal has the name become that the general Kenyan citizenry seems to have forgotten that it has a negative connotation.

Kenya has forever chosen to be held captive by impunity. I have decided to pick on this word because it is rather obvious that both ends of the political divide have not done their billing in dealing with this problem.

The lords of impunity have carved for themselves a safe haven here as can be exemplified by the John Allan Namu’s NTV expose on the possibility of Felicien Kabuga being holed up somewhere within the borders of this country.

The government foolishly seeks to assure us that we are safe and that incidences like the recent killings in Garissa churches were perpetrated by just some weird boys who may have been under the influence of either dope or something like that.

How do we believe that we are safe when the person who raped Rwanda and bathed in the blood of millions of innocent people is allegedly protected by this very state. This I call impunity rebranded.

Then there is the ever so impune executive who feel they cannot obey the laws of the land. Wake up Yusuf Haji and you Mutea Iringo. Kenya has changed. The new constitution is alive, alert and awake and so are Kenyans. Listen, I understand that you guys have been in this game of lawlessness forever and that you probably still believe that you can outmaneuver or manipulate the court as was the case in the Moi era.

Justice Mumbi Ngugi declared that Kibaki’s appointed county commissioners are supposed to pack their bags and go home. The AG has advised you against attempts to appeal the ruling because he understands how wrong the appointments were.

He is the Professor of law however much he sometimes commits grave mistakes to suit the interests of the executive. Yet, this one time, he has stood up for the truth. Won’t you listen? Is there anything you have planned to do with these county commissioners that Kenyans need to know? That is impunity demystified. Such actions and adamancy reminds one of the few days before darkness clouded Kenya in 2008.

Every action taken by the Kibaki loyalists and even Kibaki himself pointed to a well-orchestrated plan to tamper with elections. I may not be accusing anybody of trying to lay similar structures, but I am worried about the executive insisting so hard on keeping these commissioners, most of who were under qualified for the appointments, on the job even after the courts have dismissed them.

Take my pedestrian advice if you may; forget the county commissioners and send them home because we will not let you get away with it.

Defying the Judiciary is like walking your throat into a sharp sword. Have you ever imagined a day when the judiciary decides to sabotage you? Do you know what it would cost this country if the judiciary decided to play hard ball?

What if they decide that since their decisions are not respected, they will go on recess until the day the executive decides to listen to obey their rulings? Who will listen to the cases? Who will apply the law? Who will ensure order is maintained? You think the police would? Who will judge the right and the wrong? I suppose you get me clearly.

Style up dear Haji, Iringo, and the entire executive and obey the judiciary. I have no doubt that the Chief Justice’s title Dr. is enough a reason for you people to respect him because I doubt you will be smarter than him if he decided to hit hard.

How does the citizenry change if there is outright disregard for the rule of law by the executive? The matatu operators will forever drive on wrong lanes, overlap, be discourteous, hike fares as and when they want and never wear uniforms because they have no one to emulate and even worse, they know they will always get off the hook easily.

The boda boda guys will never want to learn about order or even wearing their safety clothes and getting their driving license since they see their leaders messing up with the law. The police will continue taking bribes as they release vehicles that will obviously kill people a few meters from the very roadblock.

How will our youth learn to obey the rule of law when all they see are leaders who do not obey the same rule of law?

Despite the promulgation of the new constitution, impunity is mutating in gargantuan proportions and may be worse in the coming generations unless there are deliberate and genuine efforts to transform this country for the better.

The rule of law is a key component in this transformation. As my friend Dennis Miskella has always reminded me, Kenya’s problem has never been the hardware but rather the software. We are among the leading African countries in terms of growth.

In fact the president of our neighboring country Uganda, Yoweri Museveni, has countlessly joked with his fellow citizens advising those who long to travel to London to come to Nairobi which is known as the London of Africa. But, unless we get the software right, unless we have the right values and ethics, then all the hardware count for nothing.

The writer is a youth Leader and Human Right Crusader