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Are Kenyans Among the Most Disappointed Lot?

As we watch the drama facing the mess in the justice system barely five years after the promulgation of the new constitution, there is a sentiment that Kenyans are the most disappointed lot. The most celebrated book of law has not worked well for the nation. First and foremost it has elevated corruption to its highest level. The corruption that used to be centralized and concentrating mostly on the national government has eventually been devolved to the county level. Governors, MCAs and others are looting the public wealth with impunity. No any concrete development or progress is evident in most of the counties despite managerial bodies in place. It is all corruption and nothing else. The anti-graft watchdog is watching helplessly as the tax-payers cry foul in the new dispensation.
To make matters worse, if at all, justice system is something to get-by, then Kenyans are badly disappointed by the corruption allegations haunting the Judiciary. When the Chief Justice blew the whistle on the first Chief Registrar, Mrs Gladys Shollei, it sounded as if the whole machinery was holding together. It was seen as if the Judiciary was out to cleanse the evil once and for all. The same Chief Justice who has again reiterated that the Judiciary is not safe from corruption has come out openly and boldly to nickname the economy of Kenya as “Bandit Economy”. But the document drafted by Mr. Kiplagat has done the whole justice system a big blow. The bribe of 200 million Kenya shillings to Justice Tunoi by the Governor of Nairobi, Dr. Evans Kidero, if approved beyond reasonable doubt, then Kenyans have little to hold in the integrity of the JSC.
The highest institution on the land that must enjoy all confidence and respect of the people is the Judiciary. This where one can start gauging the rule of law, constitutionalism and human rights. The Supreme Court of Kenya may risk being scrapped out once again after its revival. It has proved more failures than success.
Corruption in Kenya has reached a panic level. It seems as per now that no litigant will trust the courts when it comes to the administration of justice.
Remember that Kenya is almost one year away from the next General Elections. Remember that in 2007/8 Kenyans fought due to the failure of the judicial system and lack of confidence in the law enforcing organs. If now the same system is disappointing those who are expected to respect and uphold it, Ooh my God!
The sooner Kenyans can deal with this scam in the judiciary the better it is. Who will not take bribe in the coming elections? Who will chair the electoral petitions? Who is to be trusted with this high position?
Retirement has become another disappointing allegation in The Supreme Court. As though the Constitution is not in place to determine at what age one is to retire and enjoy his dues, Judges that have obtained 70 years are still hanging on. What is so sweet in these offices? We need Pope Francis again to warn Kenyans of the sugar before everybody becomes diabetic. Justice Rawal and Justice Tunoi should just act according to the constitution and call it quits. It is a great honor to this.
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About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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