pg 9, 10 n 11
The judge signaled to the commissioner’s lawyer to present a counter argument against proceeding with the case. He already knew the kind of thought that he will use in the hope of discouraging the continuation of this case, knew it because he had seen it all before. The government lawyers always tended to have that smugness on them, as if they truly knew that their clients were untouchable. A small fleeting smile appeared on this judge’s face, anticipating the surprise waylaying this ignorant lawyer.
Furaha was the star of the judiciary, his careful consideration and research in making judgments has always gone well with the higher powers. In fact, several times, he had declined offers for advancement into the court of appeal and maybe a real chance at the highest judicial office in the land. But Furaha had always declined such offers, insisting that his services were more needed here at the high court. The people on the upper offices have always been puzzled by this, and in their confusion had decided that Furaha was very modest and dedicated indeed. It was for that particular reason why all the major cases came to him, and his judgments were rarely, if ever, overturned by a higher court. His reputation was his shield, carefully crafted to withstand the fiercest legal battle and any possible consequence. And finally, this very patient man was just about to have his day; revenge was indeed a dish served cold.
As the attorney general’s learned friend rose to make his argument, Furaha couldn’t stop himself from reminiscing about the past and the implications it has had on his whole life. The lawyer even mistakenly took the smile playing on the judge’s face to mean that his argument was playing well with him, poor man, if only he knew. But such is the mysterious ways of fate, and the learned friend was just another casualty in a plot of man and fate, in pursuit of both justice and revenge. But he was not to know of this truth, forever destined to grope in the dark for an explanation of the events that were to follow. No, Furaha’s smile was not for him, but to a memory of her who always had his heart.
On the edges of Lake Naivasha, a couple holds hands as they walk along the sandy beach of the lake. Occasionally they look at each other and while he looks deeper in her eyes, he whispers those magical words and is rewarded with a perfect smile. The people around them look in envy, struck by the love evident in the acts of this young couple. As they walk on along the beach, he untangles his fingers from hers, and puts a protective arm around her shoulders. Instinctively, she puts he small perfect arm around his waist, a show of unity and reciprocated love. And the couple chooses a strategic point to look on at the lake and admire the flamingoes, so beautiful in this sunny day.
Furaha is drawn into the present by the silence permeating in the court room, and finds that the government man had already summed up his argument. Reluctant as he was to leave the past, the future loomed large and the outcome held for him more appeal.
“The question here is who bears the responsibility for these grave wrongs, and whether this court can ignore such blatant breach of the constitution. It is my belief that this branch of government has failed in the past to exert its authority to protect the fundamental rights of the people, and to continue doing so is fraudulent and a show of impunity. Therefore, I find that this case has merit and that the government has a case to answer for their role in the actions that led to harm and unlawful arrest of peaceful demonstrators.”
“Objection, the whole government cannot be held accountable for the acts of a few security individuals,” Shouted the incensed government man.
“But of course,” interjected the judge “Therefore, I direct that the police be enjoined in this case and that the plaintiff can go ahead and sue the police commissioner on behalf of the police service. These security men, which our learned friend alludes to, are agents of the commissioner and hence vicarious liability dictates that he take responsibilities for their actions. “
“I hereby set the commencement date for this case to Tuesday next week, and that the police commissioner must appear in person to answer to these charges.”
The judge, clearly in good moods waited for the commotion to cool down.