……………Is the Judiciary standing on the way in the recently renewed purge against corruption? Is this arm of the Government acting as a major stumbling block and an impediment in the war against corruption?….. And, casts of doubt have been hovering around as to whether there will be a likelihood that the war on corruption will ever be won?

………Is the Judiciary standing on the way in the recently renewed purge against corruption? Is this arm of the Government acting as a major stumbling block and an impediment in the war against corruption? And, why is it that the Judiciary is throwing all manner of unnecessary court injunctions which are meant to derail and sabotage these corruption cases?

And, why is it that when a senior elite member who occupies a higher status in the society is implicated in an intricate cobweb of corruption, or, fraud and is charged in Court the Judiciary treats him tenderly and acts fast to halt his/her prosecution?

But, when a commoner is charged in the same Court over petty offence he/she is denied bail, or, is given a higher bail term which he/she can’t afford to raise?

These are pertinent questions which are lingering in the public opinion courts over the manner in which how some corruption cases are being handled by the Courts.

And, on the war against corruption, we are greatly puzzled. A person is accused of embezzling millions of shillings, or, abuses public office for self-enrichment. He rushes to court with a battery of lawyers seeking orders forbidding investigations, or, prosecution and the court grants him the request.

In another case, a minor offender is taken to court and jailed for 6 months.

Call it contradicting and contrasting verdicts and the jury is out……that the judiciary is out there to frustrate and sabotage the war against corruption.

If the recent high profile corruption cases are anything to go by…….then we do have to worry as it testifies to this fact. And, it seems as if we have a long way to go as a nation when it comes to fighting corruption.

Take note of these high profile corruption cases which are on point. Deputy Chief Justice, Philomena Mwilu, is caught up in an intricate cobweb of fraud, and, Director of Public Prosecution, recommends for her prosecution. Deputy chief justice rushes to the Court to object her prosecution and seek a court order barring her prosecution.

The Court grants her request and manages to halt her prosecution. And, all this happens to be done by a team of prominent lawyers who comes to her rescue.

Another case in point remains that of National Land Commission, chairman, Mohammed Swazuri, who is facing corruption-related charges. Mr. Swazuri gets suspended from his work station until he is cleared of these corruption charges.

Also, the Director of Public Prosecution, recommends him to step aside to pave way for his prosecution because he might become an obstacle to his prosecution where he might intimidate witnesses, or, influence his case.

Mr. Swazuri rushes to the Court and he obtains a court injunction so that he can be allowed back into his office station.

The third case in point is that of a senior counsel who has fought legal battles not to be prosecuted, or, investigated over claims of fraud and graft charges. Every time he is on the radar of investigation, or, prosecution he obtains court orders halting them. The Judiciary always seems to be on his side.

But, the Judiciary has of late received barbs over the manner in which it is handling these corruption cases. And, casts of doubt have been hovering around as to whether there will be a likelihood that the war on corruption will ever be won?

Methinks that in some ways the Judiciary seems to be working at cross- purpose with other arms of Government on this war. It also appears there is an element of sabotage.

The President and Director of Public Prosecution have continuously decried the unbecoming trend in the Judiciary over the handling of corruption-related cases where they are acting as a stumbling block in the fight against corruption.

Mr. Odinga has also accused the Judiciary of failing to fully support the government in the war against corruption. He said that it’s unfortunate that the Judiciary has not been helping Kenya as a country to fight corruption in our systems; we have seen people being arrested and taken to Court where evidence is presented, but our courts end up releasing these corrupt people on bail.

According to the lawyer, Paul Mwangi, he wrote that judicial officers are making their names by being tough on prosecutors. Its’ almost a competition of who can extend the rights of criminal suspects farthest and who can frustrate the most prosecutions.


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