Rutashubanyuma
JF-Expert Member
- Sep 24, 2010
- 219,470
- 911,174
If you had read Mwananchi of today you may have gleaned something unique and pernicious that is engulfing our Bench…………………………
The departing CJ Ramadhan is leaving us with an ominous departing shot about the state of affairs in the judicial corridors that all is not well…………….that members of the Bench are highly fragmented and factitious in bitter, rivalry cabals………….
To soliloquize his beef, I will capture him best if I quote the last paragraph on page 4 of his jeremiad…………in Mwananchi paper……… "Jaji Mkuu huyo alikumbushia tukio hilo lililotokea wakati walipokuwa katika kikao kilichowakutanisha majaji wote wa Mahakama Kuu na Mahakama ya Rufaa na kuelezea mtafaruku wa kurushiana maneno ulivyozuka baina ya Jaji mmoja wa Mahakama Kuu na mwingine wa Mahakama ya Rufaa……………."
What we are discerning is that there is catharsis among members of the Bench and from my established sources unmerited appointments seem to be the tinderbox waiting to ignite…………..
Another gem, we are also lucky to learn from an ex-CJ Ramadhani is, there is growing misconduct among judges to disobey the law and grind out bad decisions………………..Here I quote him again………………………….
"Jaji Ramadhani aliweka wazi kuwa kuna madudu mengi yanayofanyika kwenye Mahakama ya Rufaa kwani baadhi ya ushahidi unaotolewa ni wa kupika na kuongeza kuwa ni jukumu la Jaji Mkuu kuhakikisha anaingilia kati kila mara hali hiyo inapotokea…….."
What we are learning there, is that there is an emerging culture of judicial malpractice and the nation has to cling upon the CJ's personal morality to right the wrongs……………a sign that judicial institutions are too effete to correct themselves without unnecessary interventions from the most senior member of the judiciary…………………..
We know the outgoing CJ was no an angel as exhibited by the legal howler he unleashed upon us on "independent candidates" but his three and half years as CJ can not and should not, by any stretch of imagination, be taken for granted………………………………..
The incoming putative CJ will lord upon us for seven long years given he was born in 1952 and he still has those seven years before he clocks 65………………..that is interesting, why CJ Ramadhan was appointed while his appointer knew he was going to last for a mere three and half years……………………………that his influence is gonna be rinsed away within a short time by his successor………A Muslim, of course…..it was all part of JK's cunning calculations……………to ensure a future CJ was going to be empathetic to his dear cause of re-instituting the Kadhi Courts in our social order…….
At High Court, one advocate whose private firm was doing barely okay was quickly indented into the Bench, and with such alacrity was exalted to be Jaji Kiongozi ..............and the only memorable judicial contribution from him was to overturn the magistrates' Courts decision that had condemned one skullcap defiant wearing Muslim in a courtroom despite several magisterial orders to doff off his skullcap had met deaf ears……………….the good Magistrate applied the law to the letter and ordered the daredevil to be incarcerated for a reasonable period……………Our Jaji Kiongozi had different ideas when he freed the scofflaw........just to snub at what he viscerally perceived as Christianity laws that are demeaning Islam.........................
The new Jaji Kiongozi corrected the sentence by setting free that swashbuckler setting off leeway for future scofflaws to contempt the courts………….in a process……………Thanks to his timely intervention……….Thereafter, the good Jaji Kiongozi has gone to sleep.................awaiting Kadhi Courts before he comes out alive and firing all four cylinders.......................In protection of Islam against the hegemony of infidels...............
With JK's final contribution to our national largess likely being the reintroduction of Kadhi Courts, it is too overt that his new CJ pick was guided and inspired by religious considerations needed to defuse and scuttle any anticipated court action geared to strike out new contemplated laws behind the Kadhi Courts……………..I read no other motive, I am afraid…………………………….
Where the courts need someone who is a renown unifier given the factions now threatening their smooth run, JK brought in someone who is least aware of the courts' actual needs………………….The new CJ is likely to be least revered given most of judicial appointments and promotions under JK are devoid of merits but well informed and embroidered by nepotism and cronyism……….let alone religious considerations for the purposes of pushing JK's parochial agendas………Kadhi Courts…………..
But the good news are JK is not and will never be the Almighty God and one day he will join past presidents whose mark in our state of affairs remain too tiny to entice meaningful historical interpretations…………………..In days to come, we will be free of JK's tyranny…………………
The departing CJ Ramadhan is leaving us with an ominous departing shot about the state of affairs in the judicial corridors that all is not well…………….that members of the Bench are highly fragmented and factitious in bitter, rivalry cabals………….
To soliloquize his beef, I will capture him best if I quote the last paragraph on page 4 of his jeremiad…………in Mwananchi paper……… "Jaji Mkuu huyo alikumbushia tukio hilo lililotokea wakati walipokuwa katika kikao kilichowakutanisha majaji wote wa Mahakama Kuu na Mahakama ya Rufaa na kuelezea mtafaruku wa kurushiana maneno ulivyozuka baina ya Jaji mmoja wa Mahakama Kuu na mwingine wa Mahakama ya Rufaa……………."
What we are discerning is that there is catharsis among members of the Bench and from my established sources unmerited appointments seem to be the tinderbox waiting to ignite…………..
Another gem, we are also lucky to learn from an ex-CJ Ramadhani is, there is growing misconduct among judges to disobey the law and grind out bad decisions………………..Here I quote him again………………………….
"Jaji Ramadhani aliweka wazi kuwa kuna madudu mengi yanayofanyika kwenye Mahakama ya Rufaa kwani baadhi ya ushahidi unaotolewa ni wa kupika na kuongeza kuwa ni jukumu la Jaji Mkuu kuhakikisha anaingilia kati kila mara hali hiyo inapotokea…….."
What we are learning there, is that there is an emerging culture of judicial malpractice and the nation has to cling upon the CJ's personal morality to right the wrongs……………a sign that judicial institutions are too effete to correct themselves without unnecessary interventions from the most senior member of the judiciary…………………..
We know the outgoing CJ was no an angel as exhibited by the legal howler he unleashed upon us on "independent candidates" but his three and half years as CJ can not and should not, by any stretch of imagination, be taken for granted………………………………..
The incoming putative CJ will lord upon us for seven long years given he was born in 1952 and he still has those seven years before he clocks 65………………..that is interesting, why CJ Ramadhan was appointed while his appointer knew he was going to last for a mere three and half years……………………………that his influence is gonna be rinsed away within a short time by his successor………A Muslim, of course…..it was all part of JK's cunning calculations……………to ensure a future CJ was going to be empathetic to his dear cause of re-instituting the Kadhi Courts in our social order…….
At High Court, one advocate whose private firm was doing barely okay was quickly indented into the Bench, and with such alacrity was exalted to be Jaji Kiongozi ..............and the only memorable judicial contribution from him was to overturn the magistrates' Courts decision that had condemned one skullcap defiant wearing Muslim in a courtroom despite several magisterial orders to doff off his skullcap had met deaf ears……………….the good Magistrate applied the law to the letter and ordered the daredevil to be incarcerated for a reasonable period……………Our Jaji Kiongozi had different ideas when he freed the scofflaw........just to snub at what he viscerally perceived as Christianity laws that are demeaning Islam.........................
The new Jaji Kiongozi corrected the sentence by setting free that swashbuckler setting off leeway for future scofflaws to contempt the courts………….in a process……………Thanks to his timely intervention……….Thereafter, the good Jaji Kiongozi has gone to sleep.................awaiting Kadhi Courts before he comes out alive and firing all four cylinders.......................In protection of Islam against the hegemony of infidels...............
With JK's final contribution to our national largess likely being the reintroduction of Kadhi Courts, it is too overt that his new CJ pick was guided and inspired by religious considerations needed to defuse and scuttle any anticipated court action geared to strike out new contemplated laws behind the Kadhi Courts……………..I read no other motive, I am afraid…………………………….
Where the courts need someone who is a renown unifier given the factions now threatening their smooth run, JK brought in someone who is least aware of the courts' actual needs………………….The new CJ is likely to be least revered given most of judicial appointments and promotions under JK are devoid of merits but well informed and embroidered by nepotism and cronyism……….let alone religious considerations for the purposes of pushing JK's parochial agendas………Kadhi Courts…………..
But the good news are JK is not and will never be the Almighty God and one day he will join past presidents whose mark in our state of affairs remain too tiny to entice meaningful historical interpretations…………………..In days to come, we will be free of JK's tyranny…………………