SHARON OTIENO MURDER PROBE
I have recently been surprised by the Kenyan media and public at large by the unfathomable degree of ignorance and character assassination that they perpetrate. This is as regards the #SharonOtienoMurder saga where peoples names have been mentioned in vein all over the media. All these in the guise of "meeting the ends of justice" and perharps even more conveniently poised, reach a solution where justice is not only done but seen to be done. In this regard however, the protagonists, or is it antagonists, in this case have ended up serving verdicts on public figures without considering the likely fact that these same persons of interest could be innnocent of the allegations brought against them. I fail to understand why the same double edged sword (justice) that some of these media personalities seem to be hell bent on trying to apply could not be equally and beneficially applied on the suspected persons as by law required to, in the least, give them a chance at a fair trial. I fail to grasp the concept as to why only one side of the coin is being looked at in persecuting public figures before the press and the media instead of waiting for due process to be served. I'm not writing this in support of anyone that might be implicated in the probes that are being conducted on the current issue or any other related or unrelated matter. What is of real concern is the two-faced nature of Kenyans in wanting to apply the law.
My opinion is that those people who are suspected of crimes, however serious, should be afforded their inherent right to fair hearing as envision by our Constitution in Article 50. In formulating this opinion, I have put all factors into consideration, this including the nature of the crime that the accused persons in this case are facing and also the public outrage on the matter. It goes to note that the Constitution of Kenya (2010) which we all chose to adopt to ourselves and our future generations on the 27th Day of August 2010 envisions a persons right to fair hearing before court or any other body that is mandated to conduct such hearing.
In addition to the above, let me make it clear to the public and the media that the constitution has made an express provission in Article 25(c) that the right to fair trial may and shall not be limited by anyone, at any time and in any manner. In relation to this, another express provision of the constitution is as regards the right to be presumed innocent. Just incase you didn't know, or you selectively chose to forget, it is every person's constitutional right to be presumed innocent until the contrary is proven. This is as provides Article 50(2)(a) of the Suprime Law of the Land, which just happens to be the constitution. What you the members of the Fourth Estate are doing to these people suspected of crimes is a direct violation of their Constitutional right and if it were anything to go by, then you as well, should stand trial for this blatant disregard of the constitution. It so happens that the same laws that you are disregarding at this very moment, you will want to rely upon when there is trouble in your court.
As a humble appleal, this short piece of written thoughts is geared towards asking you the media and the public to give credit where it is due and stop the character assassinations that have been witnessed lately as a result of your social media posts and broadcast news items. What if the person who's name has been dragged through the mud on this matter turns out to be innocent of this attrocity? What then? Will you be able to compensate them for the harm done to their reputation judging from the fact that the person's reputation is of key importance to their line of work? Think about it. You stand to lose nothing by taking the right steps towards finding justice for the slain Sharon Otiono. In fact, remembering one of the tennets of the the rule of law, I would infer that justice will only be done when the law is followed. In my opinion, following the law to its BLACK LETTER in this case is pertinent to solving any problem of injustice in an attempt to meet the ends of justice. Remember, justice need not only be done, but be seen to be done.
Labels: Current Affairs, Legal, Politics
