Saturday, January 14, 2012

Sobriety Should Prevail On The Baraza Issue



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Deputy Chief Justice Nancy Baraza is being investigated by the Judicial Service Commission and the Police over alleged misbehavior at the Village Market. She has been subjected to an emotional trial and condemnation in the mass media. It is absolutely important that , in the interest of furtherance of good governance in Kenya, we approach the whole issue in a sober, logical and consistent manner. A few issues that we need to address are discussed below.
Firstly, since the Kenya Defence Forces entered Somalia on an anti- Al Shabaab mission, we have been subjected to intrusive security checks at various commercial buildings. What is the legality of these searches? Which law allows private sector security firms the right to subject us to intrusive searches?
Secondly, the Government of Kenya has three arms: The Executive, led by Hon Mwai Kibaki, his co-principal is Hon Raila Odinga, his Deputy is Hon Kalonzo Musyoka; the Legislature, led by Hon Kenneth Marende, his Deputy is Hon Farah Maalim; and the Judiciary, led by Hon Justice Willy Mutunga, his Deputy is Hon Justice Nancy Baraza. The relevant question here is this: Should we subject the above eminent persons to security checks at the entrance of commercial buildings or any other place?
Fundamentally, what is the purpose of a security check? The heads of our arms of government are important national figures in whom the public must have absolute confidence. We can only lose by subjecting them to clearly meaningless searches. Rebecca Moraa, security guard in question, is quoted as having indicated to Nancy Baraza that she would search her regardless of the fact that she was our DCJ. Are these searches intended to be mechanically effected on all of us so as to emphasise to us that we are all equal before the law? Were we not told that the searches were meant to identify terrorists? What terrorist threat does a clearly identified DCJ, or Hon Charity Ngilu, pose to the nation?
Thirdly, my casual observation of Rebecca Moraa on television indicates to me that she may not have the requisite security training that is crucial to the proper execution of her duties as a guard. Generally, how are these private sector security guards engaged? Just how are they identified, employed, trained and deployed? How much confidence should we have in their abilities to discharge their duties professionally? How much discipline do they have? Going by recent media interviews, there are major challenges of decorum, articulation and discipline.
Fourthly, we have heard some shrill demands that Nancy Baraza should step aside to allow for investigations to proceed. Let us be consistent, Nancy Baraza is a state officer. So are Uhuru Kenyatta and Francis Muthaura. The latter have been indicted by the ICC, they are still in office. The former has not been indicted by anyone, why should she leave office?
Fifthly, we live in a society of human beings. We must strive at all times to emulate angels so that we may make governance and economic progress. Sometimes we may fall short in one respect or another. What censure society applies to us when we fall short must be commensurate with our deeds and effects of the same on society. Applying a hammer on a mosquito is a clear waste of power. The JSC, the police and the Director of Public Prosecution must effect professional investigations and make judicious recommendations on this issue.
Lastly, we are in the process of implementing a new constitution. Retrogressive forces are out to derail and defeat the process so that they may continue to operate in the same old corrupt way. We defeated their petty lies at the referendum last year. Remember their ridiculous assertions the new constitution would lead same sex marriages, abortion on demand, ethnic cleansing etc? We must not allow fixation with false petty issues to derail us from implementing the new constitution. The Judiciary is key to the implementation of the constitution. As we address the Nancy Baraza issue, we must not lose face of this important fact.

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