Thursday, January 17, 2008


I don't know how to put when a million of people shout that the judiciary systems don't work. It makes feel nauseous and makes a whole joke of a whole institution.
I agree the judiciary doesn't work.
My fellow blogger Prousette says the AG and CJ were in the thick of things.
But just so you know; here is a list of the new MPS you will quite a handful have been in the Parliament for a long time.Lets just say all involved players have been in parliament for a long time.
They have ALWAYS known there is a problem with separation of powers. Our judiciary is a toy for the executive, that is as much as i will agree.
But what has anyone done to correct the situation. if you go to, you will realize parliamentary attendance is hit by a constant lack of quorum.
So i will say you are all estopped from blaming the judiciary when you have been a Member of Parliament for several decades and have done nothing to deal with the problem of judiciary not being independent.
The reason Kenya is where it is is because we have a respect for Rule of Law. You heard Marende our new speaker say we don't use the law AS IT OUGHT TO BE but AS IT IS.
The current law says that an Election Dispute shall be determined in a Court of Law. That is the law as it is my folks.
Even wars have rules. if it didn't have, we would all end up in the situation that the Battle of Solferino led to. 40,000 dead in 9 hours. In radical departure of the Rules of War we have killed women and children and/or people who could not equal our match.
Even if President Kibaki would step down today, we would still have another election.The Vice President would end up being a president for 90 days. He could even proceed to win the elections.
An election is not definite. It produces losers and winners. How would we account for the deaths and lost property and more unseen our mental anguish?


  1. I have been seeing this kind of silly arguments showing up in SOME blogs

    it sounds so colonial. in the essence you seem to be saying that yes [colonialism] is bad but can trust those [africans] to rule themselves?

    That is your personal fear, get over it. If you are afraid of the dark, that shouldn't stop the rest of us from switching off lights at night

    BTW we've [and many other countries like Rwanda, Afghanistan etc] had elections under more dire circumstances.
    The main problem with Kenya today is one man[and his supporters] who continue to abuse their authority.

    Kenyans did not go insane in a day, they are still a rational thinking people

  2. Shiroh: Our judiciary is a toy for the executive, that is as much as i will agree.
    Blu: That is such a comfort. Just send the goat to the hyaenas' court.


  3. Hi,

    Thanks Tom and Blu.

    Shiro thinks we are in a history class here.

    How can somebody steal something from you and expect you to say nothing?

  4. I couldn't say any better, watch a woman from Kibera express her resolve

  5. Shiroh,
    You are onother patriotic Kenyan. I applaud you.

    This is what i penned on my blog today:

    "Kenya's current problems in my opinion, can be blamed not on our beautiful cacophony of tribes, but on selfish political egos, marriage of political interests and elite selfishness.

    Please lets not victimise and kill our own neighbours and friends.


  6. It's good you have agreed that the judiciary doesn't work. Perhaps I should put it in a realistic way that the judiciary works but not effectively and is prone to manipulation by the executive since it lacks independency from it - a problem caused by a loophole in the Kenyan constitution.

    You need to realize that we have a situation where the President has done wrong, there are clear evidence he rigged in his favour, and that Raila won. Unfortunately the same law that is suppose to ensure there is justice protects the president. In other words we know very well that practically and not theoretically the judiciary will work but not effectively to ensure justice is done at a reasonable time. If it took four years to sought a problem in one constituency then how long will it take to do the same to 42 constituency where massive rigging was reported? Following the way of court will be a waste of time and if it is done then will it be better if alternatively ODM bow down and wait for another election?

    In order to bring multiparticism in Kenya, the likes of Oginga, Matiba and Orengo could have resorted to following the law without mass action, but do you think this could have been enough to make Moi, who was then the president, to bow down to this pressure?

    Which arm of the government do you think ODM should follow in order to ensure there is justice? I cannot think of any. The procedure of going to court won't work, you and I know that.

    The only way to solve this problem internally is first of all for all Kenyans, regardless of ethnic background, to embrace the truth and eventually ensure justice is done. Justice will only be done if we keep pressure upon the judiciary but how do we pressure them? This is the time that demonstrations come in hand. Unfortunately one will not demonstrate because the government will ban it. In the end the only solution is to sit down and let injustices continue or beg for international intervention, which in some cases have not been effective due to sovereignty of a country. So what next?

    In one of your blog you mentioned about Mandela. South Africans also resorted to peaceful demonstrations which turned out ugly as a result of police brutality. Please do a research of how they achieved that independent. You will be surprised at how many people died, however I'm so MUCH AGAINST KILLING A NEIGHBOUR to achieve this. Zulus did not kill other tribes.

    Generally most African countries at war are fighting neo-colonialism, which is worse and more difficult to overcome. This isn't about a fight with people from other continents but it's a fight with one's own people, who are oppressors. These people are normally more arrogant and ignorant than white colonialist. i won't be surprised if talks with Koffi Annan will also fail. So how do we stop them from oppressing others?

    Think about it.