from: joachim omolo ouko
News Dispatch with Father Omolo Beste
WEDNESDAY, FEBRUARY 26, 2014
Dennis from Nairobi writes: “Fr Beste I know the topic here is different but I am getting concerned about this feeling politicians have about themselves being superior, look at the parliament threatening to vet activist judges. I am concerned because they themselves are never vetted and the purpose for which they want to vet the judges is purely revenge as to why they dare challenge their decisions.
Parliamentarians have never declared their wealth and that every time just before elections they always cripple whichever ant-corruption and ethics body in existence so that they are not vetted. And any such thing happens they would run to very courts they are now threatening to challenge such decisions reasons being the body was not fully constituted as provided for by law.
I don’t want to judge them but I feel they should know that they are not the ultimate and that Kenyans are watching their moves, and that they have no moral authority over others and that the rule of law is not about threats of use of hidden powers or legal amendments to suit your own selfish ends.
How many of the same politicians have gone to court to stop cases against them especially around corruption. Let them not behave as though it is only what suits them is important, they are servants not masters and the sooner they realized this the better. Let them all re-examine themselves, remember the standard railway gauge was recently passed by one of the committees of the house as having been above board, what a shame”.
Thank you for raising this concern Dennis. Although the rule of law is above everyone, in Kenya we are still very far from that fact. The rule of law according to the new constitution is to apply to everyone, including politicians. No one is above the law. No one is exempted from the law, and no one can grant exemption to the application of the law.
Currently the Inspector General of Police David Kimaiyo says he has no power to arrest Interior Principal Secretary Mutea Iringo. He says he doesn’t want to avoid embarrass him. Kimaiyo cannot arrest him because Iringo is a close ally to President Uhuru Kenyatta.
Iringo is accused of sitting on a Sh31 million damage claim that was awarded to Tanzanian for wrongful detention and torture.
He has three pending arrest warrants emanating from a Sh780,000 compensation awarded to a police officer who sued for malicious prosecution after he was shot, arrested and charged with robbery but later acquitted for lack of evidence.
Justice George Odunga on Monday ordered the Inspector General of Police to arrest the PS and bring him to court to “show why he should not be tried for contempt.” This is despite the fact that a basic hallmark of civilised society is a justice, law, and order system that treats all persons equally.
If Kenya were to be a civilised society where the president doesn’t interfere with the rule of law, then Inspector-General of Police David Kimaiyo would have been arrested immediately for gross violation of his oath of office when he wilfully ignores or defies an order by a High Court judge to arrest and produce in court Mutea Iringo, who himself risks jail for contempt of court.
Recently President Uhuru Kenyatta violated court order when he defended the Senate over its decision to impeach Embu Governor Martin Wambora and summon others.
Uhuru was reacting after Judges Hedwig Ong’udi, Boaz Olao and Cecilia Githua sitting at the High Court in Kerugoya stopped the gazette notice, which had been printed, declaring the impeachment of Wambora.
The court stopped the swearing in of Deputy Governor Dorothy Nditi as governor. The Senate exonerated Nditi of the charges of violating procurement regulations and financial management rules.
Fr Joachim Omolo Ouko, AJ
Tel +254 7350 14559/+254 722 623 578
E-mail obolobeste@gmail.com
Omolo_ouko@outlook.com
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