Victims of human carelessness, murders, land atrocities, sexual violence, land injustices, victims of theft, robbery with violence, and victims of corruption; the country is filled with Kenyans who have lost hope in the justice system. Denied rights and freedoms, denied livelihoods, everything denied because the justice system has failed Kenyans by and large. Kenyans have always been victims of judicial injustice and incompetence, yet, despite the numerous outcries over the matter, nothing has improved. The same old faces are still pacing up and down the judicial quarters, highly sanitized by the Chief Justice David Maraga.
Just recently, after an almost endless war with the Executive on the appointment of judges, the Judiciary forcefully decided to bulldoze judges to being promoted by ruling that the President must appoint all 41 vetted judges, despite being flagged by the National Intelligence Service (NIS) over integrity issues. The judges and magistrates are duly protected by their ‘godfather’ Chief Justice David Maraga, who once upon a time promised Kenyans that he would arrest corrupt judges; but this has never materialised. Even under his immediate docket, Chief Justice David Maraga has chosen to turn a blind eye to corruption charges against Deputy Chief Justice Philomena Mwilu, who is among those responsible for the collapse of the Imperial Bank of Kenya where she received a Sh12 million loan from the bank under receivership, before its eventual collapse. The law was arm-twisted in her favour like many others and ensured her charges were smoothed over basing it on the ‘process’ of evidence collection, despite every finger pointing towards Mwilu’s direction.
A well-flawed system that takes no responsibility in its mandate, thrives on ensuring Kenyans never see or experience justice. Our judges are acquitting terrorists, murderers and all sorts of criminals one can think of. It is on record that Judge Dorah Chepkwony released one Idd Wendo Zuberi, a terrorist that was serving an eight-year jail term for the possession of grenades. It is alleged that this judge was bribed by a senior politician to release the suspect. The same judge also released four more people who were all charged for being accomplices on the attack of the Central Police Station in Mombasa. Judge Roselyn Ongayo freed four suspects over a blast which occurred four years ago at the Jomo Kenyatta International Airport.
On the same note, Judge Msagha Mbogoli lifted orders of a corrupt Chief Finance Officer, Jimmy Kiamba, whose charges were defrauding the Nairobi County government of millions and abuse of office. Judge Lydia Achode, who is even one of the shortlisted judges flagged by the NIS, lifted orders to freeze bank accounts of a suspected thief from the NYS scandal. The funds were evidence of corruption but the judge was intent in scuttling the war on graft. These are just but a few mentions of the conniving judicial officers mandated to deliver justice to Kenyans.
Kenyans have cried and suffered in the hands of criminals, of whom the justice system has offered protection through endless acquittals and lenient bail terms which show that judges and magistrates neither have regard for the law nor the oath they took upon taking office. Remember, Obado was set free and has managed to silence most of the witnesses; the masterminds of the Garissa University terror attack were released on bail. The victims are dissolutioned as they have lost hope in the justice system. Cases are rarely concluded unless brown envelopes are passed to the judicial officers, who usually rule in the favour of such criminals. Apostle Ng’ang’a who hit and killed someone’s mother and wife is walking scott free with his case having gone under. It’s a pathetic system for the many Kenyans who have lost land and property and many have even died waiting for their cases to be concluded as Kenya’s justice system is skewed towards the rich.