Cyprian Is Nyakundi
Courts Opinion

OPINION: Are Kenyan Lawyers Breakers Or Defenders Of The Law?

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When I was a teen growing up in Central Kenya, in the 1960s I had dreams, one of which was to be a lawyer. I dont know why I had such a dream because I didnt know any lawyer. I am happy I ended up a mere teacher. A teachers tools of trade, chalk and board and the innocent looking clients do not tempt one to do wrong.

Now, in the last three years I have come across lawyers of all types thanks to the liberal media. Now I am beginning to wonder what lawyers learn in the school of law. To uphold or undermine justice or both?

Of course I never underestimate the value of a good lawyer who defends justice and helps one who has been accused falsely set free. I have seen this in foreign movies and it makes me wish all lawyers were the same.

However, what I see in our courts through the media makes me think that there are lawyers,and they are many, who are there to break the law with impunity. Some lawyers fail to know that the people and God see through their lies. I have in mind lawyers who defend criminals who have already been judged and condemned in the peoples courts.

So you see a criminal suspected of murdering or facilitating a murder freed from remand simply because his rights have to be upheld. Well and good. But what about the rights of the dead and the feelings of the family who are after justice?

Such a dangerous individual is set loose to interfere with the defence and hurt the offended all the more. Yet, a character who slaughters a cat is caged and yet such a person affects only a small number of people who do not know they have eaten cat meat and have not got sick by so doing.

Here the lawyer called a judge or a magistrate leaves us asking alisomea wapi? Alisoma nini?

Take another category of lawyers lying to and misleading the court with impunity. These are those lawyers who hover around a loaded criminal as defenders. Sorry learned friends for using a bad word ” hover”.But that is the way I see you on the TV screen

A teacher sees things in black and white.

A defence lawyer tells his judge that a suspect could not answer to the summons because they were out of town. Which town?

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A bettter answer would have been they were in a deep cave not reached by those things called GPRS.

Another lawyer insists that his client should continue in the office he is accused of abusing because if barred the people he serves will be denied vital services. A mere teacher knows that once suspected of breaching the Code of regulation, the Teachers Service Commission (TSC) acts immediately and interdicts the teacher for not less than three months; to await his case to be determined..

If innocent he gets back to work. If not he is punished. And even when found innocent the teacher is transferred to another school. When under interdiction, it does not matter if he was the only Chemistry teacher and teaching an examination class.

So dear lawyer why shouldnt the same be applied to your client? A client who has already failed the test of integrity in the eyes of the people. People still believe Palipo na moshi pana moto.And why was one picked on in the first place?

That not withstanding, there is a good category of lawyers if not corruptible. The prosecutors. I salute the two chief prosecutors in the two heavy duty corruption cases before the Milimani Courts. Mwendelee hivyo hivyo bila intimidation from the fierce defence lawyers. The offended Wananchi are behind you and praying for you. We believe your conscience guides you and cannot be bought with any price.

Dear Lawyers you will tell me to distinguish between law and morality and say you are lawyers but not moralists. I dont dispute that but imagine you have to be subjected to the same thing you are proposing.

Shosh.


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