Tuesday, January 10, 2012

Why Baraza is Still in Office: Kwenda Rokota Hio Mtu

One of the pet subjects of this blog right from inception has been how there are two completely different laws. One for the Kerubos and another for the Barazas. This is in keeping with the Kenyan tradition of having two of everything; businessmen have two books of accounts one for the KRA and the other for personal use, majority Kenyan men have two women, one to bear their children the other for “hepi”.

Over the years I have given many examples including the one where the police are a favourite option for debt collection. In one case I personally witnessed a couple of years ago, this guy was owed 700 bob for some products they had given on credit. He bribed the police 1000 bob to have the guy picked up. He was locked up until a relative turned up to pay 3000 bob (includes interest). Nice tidy profit and they got paid. Was this Kenyan a genius or what?

In the spirit of the new constitution many Kenyans had hoped that the law would start being a little more equal but alas, the Nancy Baraza saga proves that this is just not the case.

We know that in the Baraza case the police have said they have enough evidence to prosecute. So what are they waiting for? If Ms Baraza was an ordinary Kenyan she would have been in police cells for the last 11 days waiting for the police to make that decision.

Kwenda rokota hio mtu (go pick up that person) is a well known Kenya police mantra. If you were some nobody Kenyan resisting being searched at the Village market on the date that my birthday falls on, a phone call later somebody at Gigiri police station would have been barking that order; Kwenda rokota hio mtu. That would have been due process for them.

Instead 11 days later Ms Baraza is still at large,

One good thing that has come out of this whole episode is that Kenyans have learnt the true character of their deputy CJ. She has not had the common decency to read the writing on the wall and hand in her resignation. Instead she has opted to cling to her office as if she were clinging to dear life. Very Kenyan and very disgusting.

And then some brute of a man comes out and makes a statement to the effect that “big people” are always being harassed by small security people in the country every day. Had Hon Fred Gumo been an ordinary Kenyan he would now be rotting in jail serving multiple sentences. The man has assaulted so many Kenyans (including the famous slapping of a returning officer who happened to be a woman during a general election) that using the term “brute” to describe him is being very kind. Is he trying to make excuses for the deputy CJ just because she comes from his part of the world (tribalism?)? Or is it because the DCJ let off Kerubo lightly with only a pinch of the nose when Gumo angechafua?

Why don’t we change the constitution so that we constitute committees (or even better commissions to enquire into the conduct of…) to deliberate every time somebody commits a crime?

P.S. Fred Gumo... suggested that security guards be trained on how to treat VIPs.

He said it was unfair that some of them were subjected to public embarrassment by guards who do not know them. “In this country we have people who are important. If you are an important person – if you are a minister like me, fortunately I am known by most of the security people. There are people who have just been appointed. They should handle people with care, not roughing them .”

The part that had be rolling on the floor was when he said; "fortunately I am known by most security people.”

Of course Bwana Gumo, you are known for your extremely violent ways.

Friday, January 06, 2012

Nancy Barasa Update: Why Nose Pinching Says Something About 2012

Observe the signs carefully and you will know the future, we are told by those who predict stuff. We are also informed that the gate of anything is very important, observe carefully what happened at the “entrance to 2012” and you will know the future.

This is gibberish to most of us but if for a minute we humour this mumbo jumbo then the incident at the village market last Saturday and more importantly the repercussions which are still unfolding could mean that we have entered the year of the under dog.
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See earlier post on this subject: Why Nancy Barasa must resign
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This will be the year when humble Davids will fell Goliaths. Who knew Rebecca Kerubo Morara before Saturday? And before her nose was allegedly pinched. A nobody security guard stationed at the Village market to frisk all lady’s (albeit the less violent and non-serial nose pinchers) entering the up market mall. As you read this the Deputy Chief Justice’s job hangs on the balance and even if she remains in office the rest of her term is bound to be extremely shaky. All because of a small nobody security guard called Rebecca Kerubo Morara.

This could just be a sign of things to come. Great news for the long suffering down-trodden Kenyan. It could mean that if indeed elections are going to be held this year then we will see nobodies elected, probably up to the highest office in the land. The mood on the ground certainly supports this theory.

Meanwhile the chief justice and JSC have already received at least one private petition to sack Nancy Barasa from a Mr Peter Gichira Solomon. He says in his petition;

“My petition for the removal of the Deputy Chief Justice from office is informed by my worry that, on one hand, public dissatisfaction with the way this issue is dealt with may strike a fatal to confidence on the Judiciary and the rule of law at the very inception from the New Constitution,

On the other hand, if the law is given the highest priority and justice is done, then a reputation for the Judiciary and the new dispensation will forever have been established.”