Caesar’s wife is exposed. Her nudity baffles those who think the queen of virtue is beyond reproach. The dark, thick blood stains show Caesar’s ‘widow’ has lost integrity. Her snow-white robe, the regalia of honour and authority, is stained.
The Judiciary, which is the arbiter of justice, the refuge of the oppressed, the armour of the weak, is once again facing a crisis of confidence.
Two cases – the politics of the Supreme Court verdict on petition of the March 4 presidential election and the Shollei Saga – show the Judiciary is not beyond reproach, like the mythical Caesar’s wife.
On March 30, six judges of the Supreme Court arrived at the Kenyatta International Conference Centre to deliver verdict on the presidential election petition under armed police escort. The six judges faded out minutes later under even heavier armed escort. The bizarre images left no doubt something was wrong. Justice does not need the protection of the armed forces to gain acceptance. Just like vote tallying does not need military reinforcement in a democracy. Militarised justice is injustice to the weak.
For further evidence of the crisis of confidence in the Judiciary, do not look beyond the case of an employee of the Judicial Service Commission coming out with a section of registry staff to dismiss a decision to suspend her, as “unfortunate, irregular and irresponsible”.
Chief Justice Willy Mutunga, who is also the president of the Supreme Court, relayed this “irresponsible” decision to the public. The CJ also assembled members of the JSC when he made the announcement, which their beleaguered employee described as “irregular”.
Shollei trashed the credibility of the JSC, its commissioners, and its leadership for more than 20 minutes on KTN. She accused her accusers of impropriety and canvassing for jobs for their relatives, even as she denied knowledge of, and responsibility for, matters she does not want investigated.
The generosity with airtime is unusual for suspended public servants who do not have powerful ‘relatives’ in the media. These relatives also have powerful benefactors in the Executive. This incestuous relationship should worry honest students of free Press.
Hardly do offended public servants have the chance to give their account – at least not on air for that long. Recently ejected executives of state corporations never had a minute on air to give their accounts.
Former Kenya Bureau of Standards managing director Eva Oduor fizzled out without a whimper over claims of gross misconduct. Ejected Kenya Airports Authority MD Stephen Gichuki never had a minute to say anything when he was sent on terminal leave. High performing chief trustee of the National Social Security Fund Tom Odongo was evicted over allegations of openness with the Press, but he never had a chance to explain why public servants should be transparent.
So far no one has bothered to find out why Labour Secretary Kazungu Kambi interfered with NSSF, which is not a state corporation. Not even the Secretary to the Cabinet Francis Kimemia, who says public servants are under attack from forces of impunity, has said anything on the matter.
The Shollei display of might on air has further exposed division and rot in the Judiciary. The house of justice Mutunga has tried to build for three years is tumbling under the weight of ascendant impunity. A divided Judicial Service Commission the CJ described as “rogue” is stealing this televised show of shame.
Intrigues, suspicions, greed for public cash, backstabbing and betrayal still define the new Judiciary. The Shollei Saga shows the Judiciary has not recovered from the rot it has suffered across regimes.
Shollei has just discovered she has enemies in the JSC, just as she has powerful protectors in the Executive. More filth could still fly when judges speak out, on alleged meddling in their cases to protect political interests.
The ‘Grand Mullah’, the ‘prefect’ of the Judiciary, the master of doublespeak (the one who lambasts and defends the IEBC when opportune) Ahmednasir Abdullahi, leads the anti-Shollei cast. With fellow JSC travellers Ibrahim Warsame, Christine Mango, Emily Ominde, and Florence Mwangangi, Ahmednasir wants Shollei out on claims of irregular procurement, non-audit of the construction of the Milimani law courts, and lack of probity in expenditure. The registrar’s accusers also allege malpractices in employment and corporate governance.
Shollei’s Executive allies find it safer, for now, showing their claws and clout through some MPs from the United Republican Party. There is also Kimemia who thinks Shollei is being harassed, while he has been indifferent when politically incorrect public servants are the victims of Executive witchhunt.
“ JSC should be fair enough to Shollei. Investigations should be conducted while she is still in office because they are based on allegations. The dignity of public servants should be protected while investigations are ongoing. In the event they are found innocent their names will still bear the tags of alleged corruption. Then this means that public servants are under attack from forces of corruption,” said Kimemia.
Who is right or wrong in the judicial circus is not the issue. Neither is procedure the matter in the Shollei Saga. The tragedy is that Caesar’s wife has been irreparably defiled.
No comments:
Post a Comment