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Judges Who Make Careless Rulings Should Pay For Consequences.


Kiambu County Women Rep Ann Nyokabi Gathecha has suggested that in future, all judges who undertake the task of administering justice that ended up having serious implications in national security, lead to destruction of property or lead to the loss of lives of innocent persons should be held personally responsible for the same.

She said that of late, some members of the judiciary were in the habit of imposing crazy rulings in a manner that suggested that they were playing politics with people’s lives.

“Well, a verdict may be perfectly legal. But what social interest will it serve if its effect causes a nationwide riot in which people lose lives and property? The pertinent issue here is, how many judgements have been influenced or subverted courtesy of political inclinations by our judges? We oppose court orders that have serious implications far beyond the legal case at hand and rulings that threaten the security of the people,” said Nyokabi.

She argued that any judge who was properly educated on the dialectics of society would not base their verdicts on the letter of the law alone. They would instead strain their mental necks to see what social havoc their rulings might wreak and temper them down accordingly thus showing their consciousness in the spirit of the law — namely, social stability which is a million times more important than the letter of the law.

She added that social tranquility must always take precedence over all statutory provisions for those provisions are its servants.

Consequently, Nyokabi said that CORD leaders who marshalled their supporters into demonstration that led to destruction of property or loss of innocent lives should also bear the cost of the same.

“No one is opposed to their (CORD) picketing or demonstrations but the leaders should be held fully responsible for any destruction of property and made to pay for it. There has never been any peaceful demonstrations where the protestors carry stones with them and go burning and destroying property.”

Nyokabi said that recent chronological of events are an exact replica of 2007 where Raila incited a section of the public against another in the name of fighting for their rights. She warned him that they would not sit back and watch him drag the nation into another period of bloodshed.

“We know he is seeking to sacrifice innocent blood to his gods. Someone should remind him that we are not cowards but only respect the law and God. It will come a time when we will be forced to protect our property. Raila ni Kiongozi wa uhalifu and if he goes on this way he should be put on house arrest.”

She said that CORD principal’s behavior was the reason that he will never rule this country. She reminded him that the constitution he was now fighting against was exactly what he vehemently fought to put in place.

“Raila and his people dug a deep hole in the hope that someone else would fall into. Now that they are ones in it they should swallow the bitter pill and move on. His people would never hear anyone out when they publicly claimed that ‘Kama baba amesoma hakuna haja ya kuisoma tena!’” she teased.

She said that all had no option but follow the laid don procedures to change any issues in the constitution and Parliament was the only way out of this puzzle.

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