pg 12, 13, 14 n 15
Days rushed so fast and Furaha could be seen in better moods as the day of reckoning beckoned. He had spent the week writing his judgment, taking his time to make it meticulous and binding. He had researched greatly, referring to books of laws, the penal code and previous decisions to make sure that his decision was foolproof. Perhaps it should have appeared odd, even wrong to do before the case began. But that was no longer possible, the outcome of this case having been decided so long ago. The dice was cast, and nothing, not even fate could change the outcome. For all the parts had been cleverly set, there was no escaping this path; all that remained was the accused to accept his fate and give Furaha his day of triumph. And so, the judge sat soberly in his seat and ordered the commencement of the case, looking at the unsuspecting pawns before him.
“Your honor, we are going to present witnesses and other evidence that show the police service has knowingly infringed on the rights of these individuals and in the process caused them harm. We ask for permission to call our first witness,” continued the lawyer for the activists.
“You may proceed, and kindly employ haste as this court has other matters to attend to.” Said the judge even as he noted the absence of the commissioner.
But it didn’t matter, for he already knew the man wouldn’t come, aware of the man’s arrogance and sense of security. In fact, he had expected it, willed it for it fell right within his agenda. And so the good judge didn’t see any point in listening to these arguments, knowing well that they had no influence on the outcome of this case. So instead he thought of one Benson, a friend perhaps, a conspirator indeed.
Back in the days, Furaha had a friend in high school and his name was Benson. They were good friends, brought together by fate, and a class teacher who saw it fit to make them desk mates. Benson was a true genius in all fronts, academically and socially. He was always top of the class, far beyond the reach of any other student. In addition, his leadership skills were unmatched and it was no wonder that he became school captain, while Furaha ended up heading the entertainment docket. But at the end of high school, a scene happened which saw Benson accused of cheating on his final exams and his results nullified. It was two years later, when Furaha remembered the plight of his friend, and appealed to his influential father to have his results removed from the cheating list. Moreover, though his father couldn’t fathom this increased generosity, he begged his father to be the one paying his friends university fees. All this was made with one condition, a condition based on Furaha’s complete confidence on Benson’s ability to achieve anything. That his friend must pursue a legal degree and employ his immense skills, to rise to the highest judicial office in the land, as fast as was humanly possible.
The case only lasted a week, and each part did its best to argue for its side, each hoping that the judge would rule in their favor. In the Day of Judgment, many would swear that they noticed a slight bounce in Furaha’s walking style; a testament perhaps for the joy he felt in this day of retribution. The courtroom was packed to capacity with every media house represented, ready to broadcast what might be a change in the way things are done. And true to this prediction, Furaha didn’t disappoint.
“Ladies and gentleman, today is a monumental day in the history of this nation, and this court finds itself in a unique position to address grave wrongs conducted with disregard to human rights and adherence to our constitutional dispensation. This court cannot ignore that, not even if the accused is the President, for the people, and indeed the government has continuously demanded an end to impunity.”
And Justice Furaha went forth, with a small smile in his face, to rule in the activists’ favor finding that there was clear evidence of these wrongs and that a clear link has been established between the conduct of the officers and standing directives issued by the commissioner. On the issue of damages, Furaha awarded the caucus 1 billion shilling to act as a deterrent against government excesses in the future and directed that the same be paid out within a month or the AG will be found in contempt of court. But the shocker came when Furaha went forth to find that the commissioner was in contempt of court for failing, at all sessions, to appear as directed by the court. Moreover, he ruled that the commissioner was in direct violation of the constitution and that his liability in this case constituted criminal wrongs and hence was subject to justice. For every day that he had not appeared in court, Furaha sentenced him to the maximum sentence of 1 year for every count, totaling to 7 years. For his role in allowing such gross police misconduct, he was sentenced to 3 years or a 50 million fine. Furaha, in conclusion issued an arrest warrant directing the AG to carry out the arrest with immediate effect and proceed to take him to Kamiti prison to carry out his sentence.
The events of that day shocked the powers that be, and the judgment was hailed by many as a step in the right direction against a culture of impunity. The AG, wary of being subject to a similar fate, quickly carried out the wishes of the court and the next day found the commissioner sited in a comfortable cell. He had appealed to the president for help, but the president’s hands were tied by a strong opposition looking for any reason to frustrate his agendas. All the hope now lay on the appeal filed the following day by the AG, pending before Chief Justice Benson. If only he knew how long the dice had been cast, he would have come to term early with his present predicament. For only God, or a daredevil breakout could secure him freedom. And thus another great man fell, a casualty of both fate and man in pursuit of justice and redemption.
And so the ghost of that fateful day could be laid to rest, justice having been done in equal measure. He will no longer be tormented by the events of that day, a day which forever changed Furaha’s day. He whose chosen career was music, forced to abandon a dream in order to seek justice for an immortal sin done to him so long a go. And with time, he had plotted, helped together with his influential friends, the rise of a talented young policeman to rise to the very top. A young policeman who had broken his heart, once when he had travelled to see his beloved Winnie full of love and expectations. And on opening her door, always so silently, found her in the arms of another man. Furaha was later to know that this man, who Winnie thereafter left him for, was a young policeman.