pg 6, 7 n 8
“All rise, Justice Furaha presiding” The people rose as the judge walked into the court room, taking his time to settle into his seat.
“In the case of Monica vs James, I have come to the following conclusion. That the defendant’s actions constitute desertion and that the plaintiff has proved his case adequately. And cognizant to the marriage laws of Kenya, I direct that the properties in question be divided into two and each party be privy to an equal half. In addition, the matrimonial house shall be the property of the plaintiff who shall have custody of the children and shall create an adequate forum for them to see their father. The father shall provide monthly child support for their upkeep to the tune of 100,000 monthly and failure to do so shall constitute contempt of court. Let it go on record that that is the courts final judgment. The court therefore considers this marriage nullified with immediate effect.”
The defendant looked at the judge forlornly and though he would have loved nothing better but to issue insults, he knew well that such acts would lead him to the slammer. He cast daggers to his ex-wife and cursed the day she came into his life. But deeper within himself, he knew he was to blame and considered changing his philandering ways if he is to avoid such losses in the future. Justice Furaha looked at the defendant, disappointed that he didn’t cause an outburst, and hence melancholic at being denied a chance to send this promiscuous man to Kamiti. He has always hated such men, promiscuous and immoral, eating away at the very moral fiber of his society.
“Perhaps it’s time parliament made stiffer laws against such people,” murmured Furaha to himself as he waited for the clerk to call the next case.
“Activists caucus of Kenya vs. The Police Commissioner.,” The clerk shouted apprehensively wondering how such a case could possibly progress.
In the past attempts to file such cases against such high profile government departments usually ended up being thrown out. The bailiff expected this one to follow a similar course, confident that Furaha would listen briefly and find that the case lacked merit. The attorney general had sent one of his lawyers to represent the commissioner who was being sued on behalf of the police service. These particular activists were incensed by the fact that the police had not ceased infringing on their rights every time they assemble to demonstrate against injustices. The new constitution had provided citizens with the right to file suits against officers or other government agents who infringe on rights given them by the new dispensation. It came as no surprise that the police department, always brutal and primitive, was the subject of such a major suit by a group of different civil groups.
“May the plaintiff present its motion so that the court can judged the validity of this suit,” said Furaha slowly, knowing very well that he intended to listen to the case to its conclusion.
The lawyer looking regal and important, carefully chosen by this group as having the best qualification to enhance their agendas, stood up with several notes in his hand.
“Your honour, as this court may be aware, we have recently enacted a new constitution. This constitution was approved by a majority, in fact such a number as to make it incontestable. In this regard, all institutions in this country are bound to respect the will of the people of Kenya, and I am here to call upon this court to enforce this will,” he paused a bit to take a sip from his water bottle before continuing with his opening remarks.
“This new constitution grants the people of Kenya the authority to assemble at will and to demonstrate peacefully without being harassed or stooped. However, on three separate occasions, the police intervened and attacked peaceful demonstrators, injuring some and arresting some,” We are going to present evidence showing the occurrence of this heinous acts by the police and hence our hope that the court will not only grant us a hearing soon, but will at the end assign adequate damages to the aggrieved parties.” The plaintiff’s lawyer sat down to a loud applause from the audience, clearly elated at the way their lawyer was handling things.