WHY KISII SHOULD NOT GIVE UP THE ROBE FOR THE SWORD By Okeri Orina The victory of Ronald Reagan to the White House in 1980 saw the mood of the country and the High Court turn increasingly conservative.This conservative nature even dared to tear apart the sacred seal of the Judiciary as the cornerstone of interpretation with neutrality as its guiding tool.With increasing cases of insecurity,all eyes were turned to the Judiciary.The Nixon appointed Chief Justice Warren Burger stepped up a public campaign supporting the rights of crime victims.In February 1981,the Chief Justice spoke before the American Bar Association and criticized the judicial system for providing,massive safeguards for accused persons, while failing to provide elementary protection for its decent,law abiding citizens.What Warren Burger was advocating for in simple terms was for the Judiciary to stop sitting on the fence on matters of the law and take a colored position with the prosecutor.In his argument,the judiciary was to stop its role as a spring of justice for the accused and the accuser and put on the cold,steel arm of the prosecutor.The corridors of justice were to see no evil,tolerate no evil and interpret no evil. This criticism against the judges and their neutrality and the public urge for them to join the police and the prosecutors did not go down well with Justice Marshall who in his highly publicized May 8,1981 speech broke ranks with his boss and fellow brethren.In his speech,Marshall spoke strongly for the judges and the need for them to act as neutral arbitrators of disputes that arise under the law.He stated,We must handle the cases that come before us without regard for what result might meet with public approval...It would be as wrong to favor the prosecution in every criminal case as it would be to favor the plaintiff in every tort suit.To Marshall,the voice of reason then,justice was to be treated for what it is-justice for justice sake.While acknowledging that indeed each society has its own challenges that must be tackled,he argued,The tools for solving these problems are in the hands of other branches of government because that is where the Constitution has placed them.That is also where we should leave them. His argument and clear stand then has formed the basis upon which we have laid trust on the Judiciary.His final remark contributed immensely to the celebrated speech.He concluded,I therefore urge that you politely disregard any suggestion that you give up the robe for the sword. The first quarter of the year saw us participate in general elections to choose our representatives.Elections just like matches end up with the long lists of losers and winners.Our power politics never allow Rasanga-Oduol mergers.It is either Rasanga or Oduol.This misplaced culture leaves the electorate under two divides.The winning party jumps into celebration and indulges in excessive merry-making coupled with grand hallucinations of the many heavens to come.On the other hand the losing team swallows the bitter herb of disappointment and is thrown into the hollow pit of loose bickering and complaining for a whole five years.These two scenarios end up defining us and shape our destiny rather than us defining them and we being the masters of our destiny.It is this two scenario that if Justice Marshall were to be given a chance to talk to us,then he would gladly stand up and openly and in the strongest manner possible speak against it.Why?Just like the judiciary during the days of Marshalls was being coerced into absconding its true calling,so does the winner and loser attitude slowly caress us into avoiding our noble and sacred calling to continually engage our authorities constructively for the good of the society.Like leaves are blown anywhere by the wind, so have we often allowed ourselves to be slaves of our biased political feelings. Few questions cross my mind at this point;Is it not possible for us to pull together?What shall I stand to gain by participating in mere hearsay and uncalled for propaganda?Can i play a better role in making my county better?Cant we disagree without focusing less or shifting our lens from the greater good of the greater majority? While it is true we are human and subjective in nature,I believe our common good should be able to bring us together objectively without our historical biases against each other. As a county, Kisii County is among the few counties that are the most promising.As you traverse this Eden in Kenya,the immense potential in our available resources and the hard working nature of its people tells it all.We cannot avoid swimming in the air and neither do we have any places for dry tears.We must roll our sleeves,bend our backs and dig hard together for the prosperity of our people and our nations to come.We must avoid all attempts by any person,group of persons,or whatever thing to divide us and worst of all to prevent us from our collective responsibility of working together to the prosperity of our county.And as Justice Marshall was convinced,so am I convinced too-we must disregard any suggestion that we give up our robe which is our common good,for the sword.
Posted on: Tue, 22 Oct 2013 08:18:31 +0000
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