The Value of CCTV and the Flawed Argument of David Makali on DCJ Nancy Baraza’s case

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God bless CCTV cameras and God bless technology. Without cctv, the case between Nancy Baraza and Rebecca Kerubo would have been a no case. Kenyans would have believed DCJ Nancy version of what happened instantly.  But due to technology we are probably going to see justice for a nobody Kerubo. I have seen some people defend DCJ Baraza and the common argument is that you can only trust the DCJ and not the guard.  Going with that argument, it means the high and the mighty in Kenyan society are always right and truthful while the low workers, the guards, the watchmen of this world are a bunch of liars .  Of all the arguments I have read defending DCJ Baraza none is more flawed and backward than that of David Makali of the Star Newspaper.  The guy whom I have had much respect for and I have always taken his words as law has disappointed me to the core. Here is how he starts his story :

So the police want to prosecute Deputy Chief Justice for gun offences? Wait a minute. Something stinks about this whole saga that we must address. The public has been regaled with a rigmarole of one-sided pity-me accounts of one Rebecca Kerubo at the hands of Deputy CJ Nancy Baraza. The media has succeeded in whipping up public outrage for an indiscretion that would ordinarily pass without much attention if there were more important things to write about.

But rather than spawn a debate on the phenomenon of security in public places and protocol, the reporting has remained narrow and focused on the incident, which in my view, is a small matter that has been sexed up. While we await the results of the investigations committee set up by the Judicial Service Commission into the saga, there are pertinent issues that arise from the crusade to drive the new CJ out of office for misconduct

I have no facts and I still don’t know what took place apart from what I have read on papers but If it is true that Nancy Baraza removed a gun and threatened to Kill Kerubo then we are dealing with evil minded person regardless of what the likes of @DavidMakali says in trying to defend her… Seriously how on earth is threatening someone with a gun “a small matter”?

Actually if it is true that she ordered her guards to shoot Kerubo and further threatened to shoot her with a gun on her hand then she is a dangerous element who should spent her time in a corrective facility somewhere.  As we wait for the JSC report this coming Friday, all the  indication by the Police inquiry  points to the fact that DCJ brandished a gun at Kerubo Commandos style. If that was not the case we would  have known otherwise by now. So those who are doubting  the character and integrity of Kerubo should take a pause and think twice.

But wait, below is how Makali view Kerubo:

Strangely, the management of Village Market has not taken responsibility for this saga. A mall that serves the high and mighty in society and diplomatic community cannot deploy some dimwits who can’t tell VIPs of this country; or who would not differentiate between a high ranking judge and a pick pocket. The shopping mall and the security firm cannot hide under generalized checks or claim that everyone has to be searched. People are searched because they are suspected of something ill. Taking that argument forward, could our deputy chief justice have been suspected of being an Al shabaab or a terrorist or a petty offender carrying explosives?

Wow..if you were surprised by  Kerubo claiming that DCJ Baraza told her that she should know people, then meet how some Kenyans think about public positions. I think such thinking is why most African leaders turn out  to be dictators. It is where people take  public service as the ultimate point of greatness and those in those positions consider themselves as better than all the other citizens. To them it is not about serving the people and the country but about how great they are and how all others should bow before them.

Makali did not spare bloggers and social media

It is nonsensical to argue as some have on twitter and the blogosphere that the DCJ should be treated like everyone else because she is not special. That’s a lie. She is DCJ and you are not.

Again that sense of entitlement… I know there is always that need to foster the community siege mentally…you know “our community being targeted nonsense” but there is a point where even that can’t work. Imagine a situation where anybody in some sort of a position is allowed to threaten to kill people with a gun  or even allowed to kill for that matter because of their standing or position in the society….smh. I wonder how many people will be willing to live in such a country.

Kenya is a country of 42 tribes but in reality Kenya is a country of 84 tribes. Each of those 42 tribes has two sub tribes: “the haves and the have nots”. The haves are always up in arms within the community to to defend one of their own when any of them gets into trouble. The weird fact is that the “ have nots” always give the “haves” a political cover and that is how the so called  impunity gets perpetuated.

Now compare that to when the nobodies like Rebecca are in trouble, you will never hear any heavy weights within their communities defending them. That is  why  Kenyan jails are full of poor petty offenders while those who commit huge crimes like killing  Ouko or economic crimes like Anglo Leasing, Goldenberg scandal, Maize scandal, Education Fund walk free.  I can’t remember any rich person in Kenya serving jail terms apart from those who were jailed during Moi’s time due to political reasons .

The bigger problem is the blind loyalty the members  of “haves nots”  sub tribe have  towards  the members of “haves” subtribe…within their tribes. If only they could know better!!!

Back to the matter at hand..Security. Again God bless cctv, otherwise with the attitude I see around this could have been a no a case. For a long time Kenya has operated under a “System ya majambazi” but now we need to effectively implement the  new constitution and more cctv cameras to change it.

What is your opinion on the topic?
Kennedy Kachwanya
Lead Blogger at Kachwanya.com
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Kennedy Kachwanya is a technology blogger interested in mobile phones both smart and dumb, mobile apps, mobile money, social media, startups ecosystem and digital Savannah. New media must not forget the strength of old tech.
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