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On Legal Illegalities
Kenya , as a country , cannot continue to claim to be a democratic country when it blatantly disregards the rule of law which is a crucial pillar in the democratic system and the prime principle that creates trust in the state .
The commonly bandied word in the political arena is ‘ State Capture ’ which roughly means that a cabal of unscrupulous Kenyans , usually known as ‘ cartels ’ are in a position to manipulate the state machinery to their benefit .
The most disturbing aspect in all this is the Kenyan penchant to break the law using the law that makes the rule of law such a capricious and unreliable measure of justice in Kenya and why justice seems to be on sale in Kenya .
A couple of months ago , Kenyans were treated to a drama involving the ‘ powerful former CS for internal security ’. The use of the word ‘ powerful ’ already connotes that he was once above the law and untouchable .
Kenyans were informed by no less a person than the sitting Deputy President that the cowardly CS had fled the country to avoid facing the law over some issues that Kenyans were not clear about .
When the ‘ fleeing ’ CS embarrassingly returned to the country , there was a flurry of activities involving lawyers and the DCI and Kenyans were informed , usually through the press , that a raft of charges would be preferred against the CS .
Interestingly the charges against him were about his having provided false information regarding a supposed raid to his house with an intention to arrest him on trumped up charges of an administration on a revenge mission .
The denials of the security apparatus and the profuse indignation that they expressed in distancing themselves from the apparent raid raises more questions than answers for a reasonable and informed observer of the Kenyan political scene .
The security apparatus claimed that the CS had stage managed the raid to his house to obtain an anticipatory bail , which ironically was the type of bail that he had railed against during his tenure as the CS for Internal Security .
After an intricate chess game involving political and legal players the DPP suddenly dropped all charges against the CS which left Kenyans wondering what the storm in the teacup was all about since the Deputy President was conspicuously mum .
Was this an example of an illegality that was about to be perpetrated legally but was thwarted by a technical legality put in place to cover an illegality . The silence after the withdrawal was deafening .
It is precisely in these types of situations that the famous dictum in law stipulates that justice should not only be done but should manifestly and undoubtedly be seen to be done since justice is dispensed to the society at large and not only in courts .
To society it appears that this was a case of witch hunt and the quarry
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