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January 21, 2019

DCJ Mwilu's arrest more show than substance

Deputy Chief Justice Philomena Mwilu at a Milimani court on Wednesday,August 29. PHOTO/COLLINS KWEYU
Deputy Chief Justice Philomena Mwilu at a Milimani court on Wednesday,August 29. PHOTO/COLLINS KWEYU
In the epic allegorical novel Animal Farm by George Orwell, the pigs in the book proclaim that all animals are equal, but some animals are more equal than others.

 This proclamation was intended to be commentary on the hypocrisy of governments that proclaim absolute equality of their citizens but give power and privileges to a small elite group of insiders and those with proximity to powers that be.

This unimpeachable indictment of governments was not only dead on in describing the government of the day in Russia back in 1917 — and the subject of the novel, the commentary remains as valid and so true of nearly all modern-day governments, some worse than others.

An application of this altruism that’s not given enough attention, is the reality that even among the elite and those with power or access to it, some are more equal than others.

It is not uncommon, for example, to have two or more competing camps or individuals all seeking the President’s ear and approval of whatever they seek. In the end, there are winners and losers.

Winners, meaning those who get what they want, are therefore more equal, and losers, meaning those who don’t get what they seek.

Of interest, it doesn’t mean these classes are permanent; a winner today, can and would be the loser tomorrow. That only holds true in the context of winners and losers among the elite.

Once an underclass, or poor, chances are you’ll die poor or barely surviving.

In other words, those charged with the responsibility to provide for the welfare of the people do none of that. Instead, they keep busy in either trying to survive themselves or if the opportunity presents, to loot and take every penny intended for the very poor they’re supposed to uplift their living standards.

So much so such that looting is considered a mission for those in politics or government.

And there are better looters than others. The vice has become such a science that the better looters have so mastered the science they’re now looting in previously unimaginable and unfathomable scales.

The question those of us with good hearts and care for others ask is; why? Why loot so viciously and so wantonly while your fellow Kenyans are starving and going to bed hungry, while others are dying or living in a state of permanent misery and desperation? Why?

This is obviously a rhetorical question but one every good-hearted person and one who cares about our country and people must demand of our leaders be they the culprits themselves or otherwise.

The timid media should take the lead in not only demanding but shaming these heartless, cold-blooded thieves, who are sucking our beloved country dry.

While at it, be wary of those who would use the seemingly afoot new war on corruption keeping in mind George Orwell’s altruism that some animals are more equal than others.

We don’t know much about the allegations that formed the purported basis for DCJ Philomena Mwilu’s arrest. We have no idea whether she’s guilty of the criminal charges. Indeed, not even clear whether what’s alleged she did, even if proven to be true, constitute a criminal offense.

What we do know is in this Animal Kingdom, someone is trying to show DCJ Mwilu they’re more equal than her and, therefore, can do at will for whatever malice that which will not be the case were she equal to all others among her class of the elite.

That’s not to say DCJ should not face the music if she has done something criminally wrong. Rather, it is to say, let not the more equal in the powers that be use the power to score against someone, every indication is, who has not done anything criminally wrong.

Samuel Omwenga is a legal analyst and political commentator in the United States




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