Tuesday, April 05, 2005

Mabingwa Watatu: Muchelule, Makali and Chemweno

Onyango Oloo Pays Homage...

Something is changing for the BETTER in Kenya when a journalist and a police officer dragged to court on trumped up charges are ACQUITTED, not because of international pressure but simply because a Kenyan magistrate ignores his state employers, decides to follow his conscience, perform his professional duty and do the right thing.

Nairobi Chief Magistrate Aggrey Muchelule is bringing back the respect that the Kenyan judiciary so sorely lacks, battered as it has been with a sordid legacy of corruption and a shameful history as a tool of state repression in neo-colonial Kenya.

David Makali and John Chemweno earn our kudos for also simply doing their jobs-Makali for speaking truth to power and Chemweno for applying his training to uncover the political masterminds behind the assassination of

Dr.Crispin Odhiambo Mbai.

I think that all lovers of freedom and justice should cut out the following excerpt from the Standard of April 5, 2005 and frame it proudly in their living rooms and offices:

"I find there was no theft of the transcript in question... in any case the fruits of any investigations which are in possession of the police are not their property but that of the public who pays the State to carry out the investigation…"This was a death that caused anxiety to members of the public and the nation and the police had a duty to investigate and make the public aware of the investigations."He spelt out the role of the police and the media in exposing social evils, saying the roles were complimentary and they were not in competition.
- Nairobi Chief Magistrate Aggrey Muchelule quoted in April 5, 2005 East African Standard.

Here is a transcript of the full ruling.

Let us remember that it was the same Muchelule who insisted that

Njonjo Mue was a patriot and should not be interrupted when he wanted to make a political statement in court sometime late last year. At the time, many people thought the magistrate was "humouring" Njue. As it turns out, Muchelule was being LITERAL. And even though he recently dismissed the LSK bid to have Wako prosecuted, Muchelule is the one who had cabinet minister

Chirau Ali Mwakwere sprinting, panting into the court room after the chief magistrate ordered the foreign minister's arrest last September over his gross mishandling of the Kenyan hostages held in Iraq. He was also the one who sent

shifty, politically connected Kenyan billionaire Ketan Somaia and shady banker Jason Wellington Oluga to the coolers on August 31 last year over grand theft. Of course, we are still waiting for the REAL CROOKS like



Murungaru and


to don those nifty updated Kamiti uniforms.

I am sure Onyango Oloo is NOT the only person noticing a remarkable sea change in our national affairs from the beginning of this year.

The resignation of

John Githongo,

Jane Kiragu

Tom Mshindi from useless and ineffective anti-corruption sinecures as well as the open rebellion in the cabinet over coddling corrupt ministers coupled with the growing assertiveness of the revitalized civil society sector renews my hope in the Kenya democracy movement. Like I always say, cynicism is a luxury that Kenyans can ill afford.

I think that Kenyans in Kenya and around the world should send congratulatory messages to Muchelule, Makali and Chemweno because in their own way they have stood up for the great UNBWOGABLE promise that has been so shamelessly betrayed by the

Kiraitus, Kibakis and other NAK insiders.

Of course, they are only doing their job and therefore do not deserve medals. But how many people- parliamentarians, social justice activists, civil servants, ministers, diplomats, etc are “simply doing their jobs” as opposed to serving their own tumbos? Precious few, I am afraid.

The best gift however, that Kenyans can give to the Muchelules, Makalis and Chemwenos at the front lines, is to continue their work- speaking truth to power, pledging allegiance to justice rather than political expediency and not wavering in the pursuit of democracy, good governance, transparency and public accountability.

I pen off with a beaming smile radiantly lighting up my face convinced that we are thankfully firmly back on the right track on our destination to the Kenya that we all want.

Once again:

Shukrani, Hakimu Muchelule!
Pongezi, Mwandishi Makali!
Hongera, Mpelelezi Chemweno!

Onyango Oloo


Anonymous said...

Impressive!! Your article on mchelule I mean. With regards to the case against Ketan Somaia during the sentencing of mr somaia mchelule clearly stated that there were more senior people in the government that were answerable and should be held accountable. Have we seen that happen ??, no all TALK. He also stressed the fact that if the banker had not approved of a loan which had to be co-signed and approved further by the treasury mr oluga clearly would have lost his job and hence was made an example of in his sentencing. How many hard working kenyans then and now are guilty of trying to keep their jobs by listening to their superiors who get off scott free with not so much as a probe into their involvement. The banker who was following orders was used as a scape goat for the benefit of international organisations such as the IMF who pushed for a conviction however laughable in return for credit. Yes we point our fingers at the man who lost his job and reputation so that gullible kenyans can now rest assured that justice is being done, while the fat cats sit on their loot. Lets see past all this before you label people eh!!!

Anonymous said...

I agree with you, the author of this article should have done his homework before labelling people. I believe thats what a journalist should do anyway if he is even astute at his job. Maybe he needs to sharpen his journalism acumen a tad. Anyway the facts are plain and simple, has corruption decreased in Kenya? Has the goldenberg scandal been solved? When are the rest of the rat pack being sentenced? You tell me Mr. Oloo. I am sure if someone asked you right now to publish an article, lest you lose your job you will not even think twice. Do your research before you label people as shifty, or before you freely publish your thoughts of a case you are clearly clueless about. The fact this banker was even acquitted is evidence enough that a judge who had more sense than the shameless Muchelule that you so unabashedly glorify knew his facts before he passed on a sentence. I trust thats why you are not a judge yourself. Maybe the reason you praise praise Muchelule so much should also be scrutinized?

Anonymous said...

It is a pity that a person of sound mind can have irrational views as displayed by Mr. Oloo.