1111MY SUNDAY MEMO KENYA'S JUDICIARY NEEDS RADICAL SURGERY
1. OUR PASSION FOR THE TRUTH While being presented AWARDS in Nairobi two weeks ago by an International agency based in the USA (to two of us PLO Lumumba and Myself) we were told to stand by the TRUTH. The Awards were to Africans who make a change on matters that affect Africa we were told the FOUNDATION BOSSES not to fail them anywhere in the world . THE RUBEN .M.WEST AWARD as VOICES OF CHANGE are given to THOSE who speak the TRUTH in the World and we the second such Awardees .The other one was the former President of Guatemala . 2. NO PERSONAL QUAM Many of you might think I have a personal vendetta against CJ Maraga. To the contrary I have NO personal grudge at all but my worry is about the falling Standards in the KENYAN JUDICIARY. That is why I will continue PUNCHING until something is done and somebody somewhere will HEAR ME . 3. IN DEFENCE OF UHURU LEGACY Another big worry is about the LEGACY and Big 4 of President Uhuru Kenyattathat the Judiciary has frustrated . CJ Maraga has not helped UHURU KENYATTA to fight CORRUPTION head on. That is why I have HIGHLIGHTED this subject again and again on my page . The Kenyan judiciary has come under sharp focus due to intemperate actions and pronouncements by the chief justice of the Republic of Kenya. 4. RECONSTITUTING THE BENCH OF DCJ CASE One issue regards the chief justice constituting a bench to determine whether or not his ignominious deputy chief justice can be prosecuted like any other citizen, under the Kenyan law, in Kenyan courts. What a waste of public resources and abuse of court process by the same man entrusted by the nation and required by the constitution to keep guard against the same abuse he is perpetrating! Article 27(1) requires no further clarification, the article provides that...Every person is equal before the law and has the right to equal protection and equal benefit of the law. 5. MISUSE OF POWERS BY CJ By misusing his powers in constituting a bench to interpret the obvious, the chief justice is not only trying to cover his deputy, he is engaged in dangerous mischief of trying to create some unconstitutional special immunity and/or protection to judges. But more egregiously, 6. IMMUNITY IS ONLY TO THE PRESIDENT Even a first year law student knows that it is only the president who is granted immunity from criminal and civil proceedings under Article 143. Therefore, whatever antics the chief justice is engaged in can only be termed as unacceptable attempt at travesty of justice and abuse of court process and waste of tax payers money. 7. WHY LSK IS SILENT ? Why is LSK silent on this assault of the constitution by chief justice Maraga? The kind of judicial tyranny being perpetrated and supervised by Maraga has turned judiciary into a punisher of the weak while corruptly conniving with the rich and powerful in to defeat justice. 8. COMES THE AKASHA SAGA The other incident is in connection with the preposterous statement by Maraga recently blaming social media on the issue surrounding the Akasha drug case in America. If investigations by Americans and confessions by the convicts point to complicity of some of the judges...why is the chief justice coming out loudly in defence of judges without any supporting material? This is INCOMPETENCE 9. CJ USES SOCIAL MEDIA AS A SCAPEGOAT To make matters worse, the chief justice has turned social media into scapegoat for the rot in the judiciary. He is blaming social media platforms without naming specific accounts, just the same way Bensouda did after collapse of the ICC cases.This reminds of Luise Moreno Ocampo and Bensouda who I spotted as CORRUPT and they turned on issuing WARRANTS OF ARREST for me which SAITOTI blindly accepted but I defeated then at the end .The allegory Ali baba and the forty thieves is the most befitting for the CJ DAVID MARAGA judiciary. 10. LACK OF TOOLS OF ANALYSIS I have been honest and the bitter truth is that CJ Maraga lacks the temperament, charisma, juristic depth and intellectual credentials to lead a modern judiciary like that if KENYA. He has terribly failed to reform and digitize the judiciary. The despicable deputy CJ MWILU is worse. She is a political love poison out to destroy Uhuru Kenyatta LEGACY . 11. MR PRESIDENT THE DUO MUST PARK &LEAVE Many Kenyans fear to say the naked truth just they feared ICC in 2008 and left Kenyans to be indicted by a ROGUE PROSECUTOR . For me I have no regrets even if I am jailed by the same CJ Maraga but I will say it until he falls . It is time the duo parked so that the country can have fresh breath and new beginning at the corridors of justice.The people of Kenya deserves better. The country cannot afford a rogue judiciary headed by a chief justice who is impervious to reason and uncharacteristically intolerant to alternative point of view. 12. THE MUTUNGA TYPE OF JUDGE IS MISSING Kenya requires a chief justice of high intellectual calibre, an open minded transformational leader who understands the dynamics of 21st century in terms of governance, judicial systems and lawyering.The current crop of CJ is INCOMPETENT and has allowed some rotten APPLES like DCJ to hold the Judiciary hostage .The earlier the President of Kenya saved his people from a ROGUE JUDICIARY the better .. 13. MINE ARE FACTS -LET MARAGA DISPUTE THEM I leave it to you Kenyans to sort this MESS .My role as a PAN AFRICAN is to point out issues that RETARD this continent and I do so without fear of contradiction because I have FACTS just like I had facts in 2005 on ICC and I still have facts a about the ROGUE ICC in 2018 . Kenya JUDICIARY IS DISGRACE PERIOD God bless Kenya Dr.David Nyekorach-Matsanga 11.11.2018 LONDON
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