masukuma wrote:Ngalaka wrote:mkenyan wrote:masukuma wrote:Ngalaka wrote:I am afraid judge Odunga has overreached himself on this one.
Judicial officers are supposed to exercise judicial restraint.
What he has done appears to me to be judicial recklessness.
Such an officer is portends risk to societal order.
As such his continued holding of office of judge might be untenable.
The next thing he might do is 'jail' Ruto arbitrarily!
Then the fires begin in Eld, going down to the lake.
That way, the greater good for Kenya is not served.
I thought we were a country of laws - if we don't comply to orders that are at our inconvenience what is this "greater good" then?
indeed.
The greater good constitutes among other things not precipitating a constitutional disorder recklessly.
A three, or five judge bench of a higher Court will most probably throw this judgement out of the window with a probable chance of rebuke to Odunga.
You cannot build a nation on dishonesty! What is the point of saying we have 'law and order' if we neither follow the 'law' or 'orders'? until they are convenient to us and in 'the greater good' according to our understanding and convenient interpretation of this expression. We need to submit ourselves to the law and submit ourselves to recognition of individual rights. People fail to understand that individual rights SHOULD NEVER BE TRAMPLED ON for the 'greater good'. Mambo ya kuwa Yesu hatutaki! Even Yesu had to agree.
If you put the emotions out of this, and review it calmly and with objectivity you will see the point I am trying to put across.
Consider the following with me;
Nothing is absolute.
Court Orders should be obeyed. However in the event there are issues underlying or otherwise, an alternative route of judicial process should used to vacate them. This has to be done expeditiously.
Judges are human beings prone to mistakes honest or otherwise, biases et al.
For purposes of making this clear, you might want to agree with me that we can have a 'nutty' case in judicial robes.
Are you saying that if such a judge in a span of 36 hours pronounces that Uhuru is jailed then the police should swing into action and take him to Kamiti!
The bottom line is, Odunga overreached himself.
All level headed judges must be ashamed of that action, rash as it is.
Don't look at things in isolation of the rest of our system as a human society.
Again nothing is absolute.
Judiciary all over the world are very reluctant to unduly interfere in the work of the executive.
The executive is by default the custodian of a nations secrets and intelligence which the judiciary may not always have.
In the absence of full disclosure the judiciary should exercise restraint and patience to eventually ascertain if there is any substance or the Executive mandarins are just bluffing.
No sky was going to fall if Odunga had waited for say a week, then escalate the issue to CJ for a bench to be constituted.
Isuni yilu yi maa me muyo - ni Mbisuu