By MACHARIA GAITHO, May 13
2013
In Summary
- Never in the history of Kenya has one individual so owned the courts. A cursory look at the records will reveal that Pattni holds the Kenya record for the number of judgments given in his favour behind closed doors, usually without the knowledge of other parties to the suits.
- The more our leaders dish out the lolly, the more you can be sure they are stealing from the public coffers. You can also be sure that what they are “giving back to society” is only a small fraction of the amounts looted.
Watching on live TV the vetting of Cabinet
nominees, some wag commented on social media that Kamlesh Pattni would
have passed scrutiny with flying colours.
Soon after came news that some tribunal had
awarded the architect of the Goldenberg scandal yet more billions from
the public coffers.
Indeed, the casual and uninformed way in which the
Parliamentary Committee interrogated the men and women nominated to the
Cabinet made a mockery of the whole exercise.
Parliamentary vetting was introduced to open up
nominees to public scrutiny and weed out those whose shady backgrounds,
history of corruption and ethical and moral failures disqualify them
from high public office.
The vetting we witnessed indicated that even the
most unscrupulous individuals with integrity issues from here to
eternity will be given a clean bill of health.
Hence, indeed one Pattni would have gotten the nod
in the same way he has for two decades and more bamboozled a Judiciary
that forever quakes in its collective robes whenever he marches down the
corridors of injustice.
Never in the history of Kenya has one individual
so owned the courts. A cursory look at the records will reveal that
Pattni holds the Kenya record for the number of judgments given in his
favour behind closed doors, usually without the knowledge of other
parties to the suits.
A large number of judges notorious for
Pattni-friendly rulings have been eased out, but the rewards must be
extremely attractive, for even in this day and age when we dare boast of
a reformed Judiciary, there is no shortage of takers.
Those stunts that are pulled in court have always
been aided and abetted by a compromised officialdom that conspires to
ensure that every case against Mr Pattni is incompetently investigated
and prosecuted.
The same officials will jealously guard their
right to protect Mr Pattni, moving with unusual speed and firmness
against any independent groups that attempt private prosecutions.
* * *
Politicians are not philanthropists. Never have
been and never will be. Therefore, when our leaders go back to the old
Moi-era habits of dishing out cash to every cause that strikes their
fancy, be afraid, be very afraid.
The more our leaders dish out the lolly, the more
you can be sure they are stealing from the public coffers. You can also
be sure that what they are “giving back to society” is only a small
fraction of the amounts looted.
The problem is that we cheer on politicians who
dish out money. We call them kind, generous and caring, but close our
eyes to the fact that it is our money, not their own, they’re being so
careless with.
In the Moi days, anyone who questioned the theft of public funds would meet a familiar riposte: “Kwani ni mali ya mama yako (is it your mother’s wealth)?
I will answer that question right away before it is asked: Yes. It is my mother’s wealth. She works hard and pays her dues.
Not a single cent at the Treasury belongs to the
government or to those in power. All of it belongs to me, you, our
mothers, and each and every Kenyan in every corner of the republic.
When somebody steals from the Treasury, State
House or the “lucrative” dockets of Agriculture, Defence, Education,
national security, Roads and so on, he is not stealing from the
government; he is stealing from your own pocket.
* * *
Looks like Ambassador Macharia Kamau has some
explaining to do. In what could have been over-zealous endeavour to
catch the attention of those in power, our man at the United Nations
fired off an extraordinary missive to the UN Security Council asking,
nay, demanding, that the crimes against humanity charges facing
President Kenyatta and Deputy President William Ruto be dropped.
First, the UN has no powers to withdraw cases before the International Criminal Court.
Secondly, the tone of the letter suggested that
Kenya, and therefore Mr Kenyatta and Mr Ruto, would cease cooperation
with the ICC if the cases were not dropped.
Then there was the threat of renewed violence in
Kenya if the two leaders are compelled to attend trial at The Hague.
That is very dangerous territory.
mgaitho@ke.nationmedia.com
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