I know this may be quite unpopular right now, but I strongly - TopicsExpress



          

I know this may be quite unpopular right now, but I strongly condemn the killing of Sheikh Makaburi. The killing, that happened outside Shanzu Law Court, if at all connected to his stand on terrorism - which stand I strongly disagree with - has put a mockery on our justice system. How can we kill a man who has submitted to the jurisdiction of the Court, just outside the Court precincts, and still call ourselves a civilized society? Tarry a little and mark me right! I am a firm believer in retributive justice and considers punishment, if proportionate, to be the best response to crime. When an offender breaks the law, justice requires that they forfeit something in return. If Sheikh Makaburi had a hand in the terrorist killings and injuries that Kenya has witnessed of late, then he surely deserve to die. However, retribution must be distinguished from vengeance. Unlike revenge, retribution is directed only at wrongs, has inherent limits, is not personal, involves no pleasure at the suffering of others, and employs procedural standards. The limit to the right to life, even for a self confessed murderer, can only be limited by a decree of a competent court after according the accused sufficient opportunity to defend himself and determining that he is guilty of the offense beyond any reasonable doubt. It is easy and attractive to celebrate Sheikh Makaburis death today, simply because it removes from our midst someone who has openly supported the pain and suffering we are going through as a country, exemplified by the pains of the young Osinya on whose brain a bullet lay until today. But if indeed, the death of the Sheikh is connected to the recent statements by high ranking Government officials, then we should be prepared for tough times ahead. When we allow a government to undertake summary extra judicial killings of perceived criminals, with impunity and without submitting to the authority of the Judiciary, we should know that those bloodied hands will not stop with the elimination of the criminals. The trigger will slowly be directed at anyone who disagrees with the Government, and circumstances and reasons will always be manipulated to portray a sense of retribution. When the suspected Government security agents started killing Mungiki leaders as we cheered them along, they got more bold by the day and started killing any young kikuyu who dared raise the issue of inequality in land distribution in central province. Nyanza faced several killings by police over the years under the propaganda of fighting rioters, looters and anti- government elements. Rift valley lost many young kalenjin men during the post elections violence under the pretext that they were all warriors engaged in killings, arson and displacement. Similarly, Mt. Elgon youth were decimated by the KDF under the pretext of fighting the violent militia in the region. The same fate befell the Northern frontier residents during the Shifta war. Wagalla massacre is still a fresh memory. This madness must stop. The rule of law and constitutionalism must guide all our affairs, including the fight against terrorism.
Posted on: Tue, 01 Apr 2014 20:36:24 +0000

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