Should this Soap Opera go to Full Trial?

If it goes, just as many haters of evening soaps, mostly men, would be the happiest lot in this world. TV, the four-cornered metallic receiver of images, would be a top thing in their lives, once again. Soap addicts aka women would, of course, realise that there are more important things in their sections of living-those things like cooking, bathing, getting abreast through newspapers to avoid looking dumb the following day in office by talking of some inanimate Alejandros when serious Kenyans are into the saving of the fallen shilling or planting a tree in remembrance of the fallen heroine, Prof Wangari Maathai.  

Anyhow, other than introducing those idle addicts to real life by closing out any chance to air those hyped Mexicans, there’s a possibility the real truth about who was truly at the core of the post-election violence would come out. At the full trial, there’ll be adequate time to delve into every angle of the cases. Every soul enormously mentioned would get a chance to present themselves for frying or wash clean their muddied initials. Such prominent Kenyans like Prime Minister Raila Odinga, Environment minister John Michuki, reformed former Mungiki leader Maina Njenga, Roads minister Franklin Bett or even George Saitoti, the Internal Security minister.

These individuals have been mentioned there and again concerning the alleged planning of the 2007 violence. If the cases stop at the confirmation hearings when and where would the persons get a chance to be heard? Take for instance Raila. The PM has been accused left, right and centre by both Uhuru and Ruto’s contingents of knowing a thing or two about the violence. His accusation emanates from the mass action calls he made in the heat of the contested presidential results. Also Maina Njenga. The outlawed group he once commandeered is at the centre of the said retaliatory attacks in Nakuru and Naivasha. He was the leader then and for justice sake this guy probably knows 3s or 4s about the allegation. If the fast-woven cases by Luis Moreno-Ocampo collapsed at the Pre-Trial Chamber II, where else would Raila and Njenga cleanse their soiled names? Cleanse or soil themselves further. Whichever. But honestly the mentioned ought to get a chance to say one or two whether during the full trial or somewhere else.

Another thing is the ability of the ICC’s lead prosecutor Moreno-Ocampo to build a strong case. The on-going cases have painted a dissatisfying, fearful, incoherent constructor of criminal accusations about the feared Argentine. No doubt about that. In fact his cross-examination of Uhuru Kenyatta cemented the latest descriptions about him. He never came out as tactful like his sub-ordinates. Now many have cast aspersions about his abilities can he too be subjected to a full trial so that his performance get a wholesome review?

Such trivialities as Kenyans knowing the extent of the competence of their lead counsels, assessing their performance in global stages or getting a chance to organise fundraisers to buttress their bank accounts or even some journalists getting a golden chance to fly to the Dutch world might play a minimal role in getting this soap opera go ahead or halting it.

Moral Lesson:  which way Ms Ekaterina Trendafilova? 

Troy Davis Execution: Unfair, Violates Right to Life

When Kenyans, and indeed the world, was busy with their daily chores, someone was busy “executing” a thought-of erratic man in the US. One alleged wrong was being settled by a certain wrong. It’s unbelievable such things do happen in a progressive-or so they say-world, where someone perceived to have killed is treated likewise, that is, killed too.

Two wrongs indeed can never make a right. Instead the second exacerbates the kicker and a string of wrongs would undoubtedly follow until the right thing is done.

Troy Davis was convicted of murder in the state of Georgia for murder in 1989 and subsequently put on the death row. He is said to have killed an off-duty policemen. Yesterday, after several attempts to abstain and thousands of calls for clemency, he was finally murdered through lethal injection.

The guy is dead and if those who subjected him to the killer injection thought they were supplying justice they must have realised that they mistakenly shifted to the wrong gear if the number of clemency calls and the enormity of the protestations against it are to be considered. Former US president Jimmy Carter was among the many who asked for mercy. The respected Nobel laureate, Desmond Tutu also requested for pardon. Nobody heard them and the law, made by man for another man, “snuffed” one more life and will certainly consume another soon.

The US, the self-proclaimed super-power of the nations, killed with one hand whereas the other hand pointed at other nations for “violating (simple human rights) such as freedom of expression, respect of the ballot and observing democracy.” They are good at these that’s why there are knocking other countries’ heads with the sole intention of enforcing their ideologies on them. However, when it comes to such other super rights as rights to life (like what the Kenyan constitution indicates), the country care less and kill with reasonable doubt.

Reactions to Troy Davis induced death has been phenomenal and as it point out the depth of racial feelings in the developed federal country, it brings out the great distance between the common man and the custodians of law.

Here are some of the responses to the death as reported by the New York Times:

“He's a black man. 100 percent certainty of guilt does not matter to the whites who run the system. Being black is reason enough to be put to the death in their eyes” posted one disgusted individual in reference to the decision.

“Once again America shows it has a cruel and barbaric side, putting us in the same category as China and Iran. This mocks America's promise as a country of decency and laws,” said another.

Another was so overwhelmed with ignominy: “Shame on Georgia. Shame on the USA. This is one of those extremely rare days when I am embarrassed to be an American.”

These reactions capture the excruciating pain one feels when an imperfect man seeks to settle another’s imperfections by condemning them to the grave. It’s unfair but that’s the law.

Moral Lesson: Judgeth now you filthy man. You're not God. Just forgive.That's how simple it's.

Vital Lessons From the Confirmation Hearings at The Hague

Their battle was never going to be easy but the half of the Ocampo six may afford a smile or a wry one for that matter after slightly matching their enemy’s mountain of weapons. The three Kenyans should enjoy this moment-you never know it could be their only moment of happiness. Being subjected to a trial, where your initials changes to ‘Suspect’ to ‘Accused’, is not a sugary endeavour worth a smile. Or is it?

So let’s give these guys good space to smile and thump their chests, at least for three months.

Now the interesting episode has receded there are quite a number of lessons that could be drawn from the proceedings.

First is the eloquence and dis-loquence of the defence counsels. Of course one Kioko Kilukimi starred in the 10-day or so cameo. His eloquence in countering Cynthia Tai’s final submissions is not one which many local lawyers posses. After a surged dismantling of evidence by the rather tongue-juddering Ms Tai who made a good attempt to destroy William Ruto’s initial empowered exonerating evidence, lawyer Kilukumi, definitely with the help of other members of the team, responded in an enviable manner but more importantly in equal measure to Tai’s. If you are facing charges that could scald you to the bone, get an eloquent, experienced lawyer whose tongue would be always ready to wag even the most frightening; that’s the good lesson. 

Other lawyers did well. No question about that. Henry Kosgey’s defence was tactful and must have really drunk their water well. However, such tactics sometime backfires not all times though. Hope they were reminded of the old adage: united we stand divided we fall. Lawyer George Oraro did well to distance his client from the flock and either led him to the hungry lions where he will be dismembered in seconds or to the plush, serene, garden where he’ll enjoy fresh air and happy flowers pamper him with praises after conquering roaring lions.

Then Joshua Sang’s defence whose, in absolute magnanimity, seemed disjointed and unsure of the magnitude of the case in front of them. Lawyer Katwa Kigen did everything for the journalist and despite facing accent challenges in his court address, waged a brave fight and managed to give enough to bother Moreno-Ocampo, just enough. He also struggled with clarity and often left his arguments hanging a problem that could have arisen from the enormity of handling two weighty ICC cases. 

Any court is normally a battle ground for lawyers. The most argumentative counsel, the one who’s outright, unambiguous may easily gain at a go 50% of the judges’ minds without necessarily being honest. Analysts say Sang’s defence didn’t perform well but that could fall on either side because the ICC judges-being the custodians of global justice-are expected to be extremely competent and not easily susceptible to side-shows. Despite this belief good lawyers are indispensable.

Just a quick one: What did that big hearty laugh by Luis Moreno-Ocampo imply? Could it represent a dismissive act by a cornered man trying to cover his weaknesses with a jolly face? Or is it like a hyena-laugh, that is, noise made by a hungry man ready to devour to the last bone just like that sound by a hungry hyena?

The Most Traumatic Week for Kenyan Children

Petrol fire!...Everyone goes, goes and goes crazy. They refuse to come back instead they choose to stay in Crazy-land and enjoy what that section of the world offers.

That’s the best description one easily finds for what happened last Monday when petrol fire consumed human lives at Sinai in Mukuru slums.

First this crazy episode began with a leakage of a valuable liquid into a sprawling hamlet and the leaker’s owner somehow chose not to act in time to stop the leaking. Second, tantalised by the precious liquid, residents suffering from several inadequacies, including knowledge of the flammability of the fluid, but ready to get themselves a worthy meal out of an irregular freebie, rushed out to scoop the liquid. By the way, who would not do that? Especially when the daily supply of food is unpredictable owing to lack of enough money to buy inflated foodstuffs. Many would rather risk quick death than die a slow hunger-caused death.

Third, out of nowhere fire being a great friend to petrol quickly re-establishes its camaraderie with the latter albeit with disastrous effects that could only be equated to the biblical Sodom and Gomorrah.

Fourth, chaos erupt, people burn to death, others survive but with various degrees of lethal burns, some cry, others overawed by the intensity of the flames. Fifth, intrusive media in fierce competition and seeking to outdo their nearest and furthest rivals run aimlessly to capture and transmit live pictures of survivors burning, ‘enjoy’ a bit by resting their cameras on these excruciatingly pained individuals, then knowingly or ignorantly, whichever comes first, decide to feed its viewers, without prior warning, with dead bodies, dripping blood, sobbing children...sixth is the unending blame game-unnecessary!

So why did the local TV stations transmit live pictures of the injured with blood streaming from their bodies? Or scalded sections of their good bodies? Was it moral? At a time when most Kenyans were having lunch? And probably at a time when children were watching TV?

The jury should be out on this. However, moral or immoral, legal or illegal, correct or incorrect,   innocent children should never be feed blood, scalded or charred bodies on TV or similar pictures on newspapers. If it’s nightmarish for adults who at least expect such things to happen in case of fire, how will an ignorant 10-year-old who knows nothing about such things feel at night after seeing gory clips and pictures deliberately fed by scoop-addicted media outlets? It must be terrorising as in more than nightmarish.

Unfortunately, that’s what most children saw on the screens and read on their dailies this week. They must be cursing the creator of this world for subjecting them to such devilish things.

Moral Lesson: Most media outlets performed badly in the whole episode. If they sought to tell Kenyans of the fire’s intensity they should have done it with dignity instead of scaring the hell out of most including children.