Kenya is currently battling two subversive forces: corruption and terrorism. The two vices have led to massive loss of public funds, lives and property. All efforts have been made by stakeholders led by the Government agencies established to curb the vices.
Unfortunately, the perpetrators are always innocent until proven guilty. It is only the courts that have the mandate to declare persons suspected of terrorism and corruption guilty or innocent. Now, this is the point where Kenyans rise up in arms against the arbitrator; the Judiciary.
In many instances, the Judiciary has used the phrase "insufficient evidence" even when the matter before it seems open and evident enough. We have seen courts of law set free corruption suspects who have openly fleeced Kenyans of billions of their tax shillings. We have seen courts set free terrorism suspects who end up coming back and killing innocent Kenyans. All this while relying on the phrase "insufficient evidence".
Chief Justice David Maraga, you are a man of impeccable credentials and character. But the arm of the Government that you are heading has let Kenyans down. We are slowly losing trust and confidence in it.
Many Kenyans out there will be forgiven for thinking that the Judiciary is a beneficiary and defender of terrorism and corruption. They will be forgiven for thinking that to win the war against these two vices, they must rise against the Judiciary because it seems to be the enemy within.
It is not surprising that everyone, individuals and institutions alike, are pointing the finger of blame at the Judiciary, terming the institution an obstacle in the fight against corruption, and now terrorism.
The Judiciary, just like the National Police Service, is in bad books with majority of Kenyans. The two institutions are now being seen as serving the rich and mighty, extorting the poor, and not being fair and just.
CJ Maraga, if it is the law that is limiting your team to handing down lenient sentences to terrorism and corruption suspects, inform the lawmakers to amend this and come up with stringent measures to make corruption and terrorism deadly ventures in Kenya.
Otherwise as it stands now, without fear of contradiction, the Judiciary is being regarded by many as the enemy within. It must stand up and show cause why it should not be branded as such.
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