By Dak Buoth,
26th November, 2016(Nyamilepedia) —— There is no way to justice in court because ‘instance justice’ is the way in South Sudan. If one is accused of having committed or omitted criminal offence, and as result he is taken to police station, court and imprisoned, everyone automatically knows the defendant is innocent in public opinion.
In event there are empirical evidences or when you are caught ‘red-handed at the scene, you will just be shot dead straight away or disappear in the hands of brutal and merciless presidential guards.
However, people will remain mum with their hands folded because they know there is no justice in courts, and there is little or none they can do unless one consider waging armed rebellion which has now been devolved across the breadth and lengths of the country
No bystander can lecture us about the state of criminal justice system other than the disfranchised and victims of this absurd establishment that has vowed to maintain its grip on us.
On 13th June 2016, when Kenyans Prominent Entrepreneurs and businessmen were falsely accused of stealing money belonging to President Salva Kiir, we knew at the back of our minds that the claimants had no case against those four innocent hardworking Kenyans, who went there to invest and make life ends meets for their children.
Eventually, when they were arrested and imprisoned for life at Kangaroo court in this banana republic ruled militarily by SPLM regime, I fiercely challenged this vile verdict arguing lividly:
- That Kenyans businessmen be release immediately and then hand over to Nairobi without preconditions whatsoever
- That these jailed Kenyans Business men are innocent, and the real culprits are roaming freely in Juba
- That they are not even conduits nor accomplices but a cover-up and scapegoats
4.That the case was designed to cover up pervasive, run away corruption, thefts, fraud and looting that has taken root at the presidium in South Sudan
- That justice and constitutionalism were long defeated in south Sudan
- That the rule of person prevails against rule of law in South Sudan
- That the courts in juba are not credible and independent
- That the courts in juba are the appendage of the SPLA and its affiliate militias
- That we doubted whether the due process of law was followed to the letter and spirit
- That this court ruling was nothing but mere intimidation and deliberate attempt to scare away Kenyans entrepreneurs and Business men in South Sudan
- That the prisons in South Sudan are not up to standard
- That those prisons in south Sudan have living conditions which are not even fit for swine
- That the prisons in south Sudan are dug in the holes without ventilation and electricity
- That the prison services in south Sudan are not means for rehabilitation of offenders
- That the prisons in south Sudan are death camps,
- That prisoners and or inmates often faced hellish experience as they undergo severe torture, starvation and murder often
- That the Judiciary was wittingly compromised and taken for granted
- That South Sudan Judiciary should first be overhaul for it to makes such landmark rulings
- That the judiciary should first be reinvigorated, and undergo thorough check up and reorientation so as to gain the truth and the confidence of the citizenry
- That the judiciary should be led and headed by doyen member of the bench with tangible reforms credentials and someone who believe in the rule of law and constitutionalism
- That the judiciary should not be headed by mere Friend, cousin or business partner of the Presidium
22.That the judges and legal counsels open faces intimidations, and thus made absurd rulings against the law especially when it is sensitive matter against this wild establishment
- That the case against Kenyans defendants was politicized and ought to be defied
- That the ruling was an indirect declaration of war on Kenyans in South Sudan
- That the ruling was a fire-shot in the air, as intimidation on investors
- That this ruling threatens all non-locals doing business in South Sudan
- That we the south Sudanese in Kenya will not remain silent while Kenyans are held in captivity in juba for no good reasons
- That we won’t remain in our deep slumber while innocents Kenyans investors and businessmen are used as shields to settle political scores
- That we will fight for Kenyans who went to invest in South Sudan
- That we vow to defend our fellow Kenyans who are being humiliated in the course of doing their businesses in South Sudan
- That Kenyans have full rights to work and be protected by law in south Sudan
- That there should be extradition tradition between South Sudan and Kenya in future
On hearing this absurd ruling, I said no, how come it is Kenyans who are sentenced to life for the first time while the real culprits who looted our resources are roaming freely in impunity? This impunity must not be allowed to prevail further without challenge.
They are not prisoners or inmates as you may think. They were just incriminated to settle some political scores. The matter was supposed to be quashed if it was determined before a court of law where justice prevails.
In view of the foregoing points, we should not call them prisoners from now on; they should be renamed as detainees or captives. Remember there is a thin line between inmates and detainees.
The noun prisoner is name given to someone accused by claimant for omitting and or committing criminal offence. If the accuser is found guilty beyond reasonable doubt, and then sentenced to a prescribed period in jail by credible juror in a fair judicial trial, s/he can now be term as legitimate prisoner charged in the court of law. It is no other way round.
In light of that, don’t be blackmailed or rely on the roaming rumors, and hearsays that are being peddled around by those misguided lots. We warned Kenyans especially the Jubilee government to desist and keep distance from those guys in SPLM-In-Juba.
Do not befriend but belittle them. They can indoctrinate you with their retrogressive and outdated ideas which have no place in modern Africa.
They deserve to be jeers and ridicule because they believe in sideshows and shenanigans. In nature, they’re not only deformed beyond reform but they are deeply detached with reality. I must say, those guys in SPLM-in-Juba are braying asses who cannot be corrected. I advised you pro bon, just ignore them and listen to what we say, because we believe in progressive ideals; and we cherish fresh ideas and uphold dialogue as norm.
We are the bridge that we link Kenyans and South Sudanese. Don’t ignore us now because we are the underdogs, our days for triumphs shall come sooner than later.
If someone is taken to prison in Juba, four things involved; the perpetrator must be a conduit who is being directed from above to steal, and when he is taken behind bars, know that he will be release the next day.
Secondly, one can be taken to prison if he is suspected of petty offences whose case will be settled later in police station upon paying bribes.
Thirdly you can be imprisoned if you’re accused and charge for misdemeanor such as fist fights on the streets, in this case they can imprisoned and subjected you to hard labor.
Lastly, one can be taken to prison if his case is political motivated, as such, the person can be detained incommunicado awaiting political ransom. Meaning, they will torture and threat you with death, till you change your mind, this is what they are now doing to James Gatdet Dak, my namesake.
I’m my Brothers’ keeper that is why I stood in solidarity and supported the cause of weeping Kenyans whose parents live in agony in my country.
The children, beautiful wives and dependents of those detained now want them releases for they are innocent, and we knows that ourselves.
The campaign duped #freekenyaninSOUTHSUDAN is just call worth listening to. We started this campaign way back in June same day they were put behind bars for alleged criminal offences.
Thank for joining us comrades, perhaps the simple reason why our cry was ignored could be that you kept mum then. In disbelieve, we thought you were in consensus with the finding of that Kangaroo courts. Now that you come out in your comfort zones and express you displeasure over this uncouth ruling.
Your coming out is going to expedite and boost our effort to have them release sooner than later. I tell you, it is not too late for our voice to be heard. Let’s do it as team. Together we can
I aspire to offer advices pro bon with a view to alleviate ourselves from ignorance and backwardness; and I do that frequently without retiring.
I don’t subscribe to the legal maxims that ignorance is not a defense. I do contest this view on ground that one cannot be held liable for omitting or committing an act that he did not know was right or wrong.
We are custodians of our society; hence we owe each other duty or care. On that note, I often feel oblige to inform everyone at my jurisdiction. This is not to suggest herein that I’m right informant, not at all.
I’m often open to criticisms because I’m aware that I’m not immune from making mistakes. Sometimes I can err unwittingly when making a personal or when participating in public decision making. When I talk, maybe I can have slip of tongue, and if I’m reminded I can retract and withdraw my words. Nonetheless, we have little control over those rogue individuals who hardly listen to wise counsels, let them dismiss and defy us at their own perils.
The Kenyans case was purely political meant to appease President Salva Kiir so that those rotten judges can be paid their dues.
You would recall on the day Judges sentenced these Kenyans to life imprisonments, they also declared concurrently that they were going on strike for they have not been pay their salaries for months.
Their case was politically motivated, and it should be dealt with accordingly so that these Kenyans can be set free now, if not now right now.
The worrying impediment and stalemate is that Kenyan authority does not listen to what we say every one and then. It keeps taking us for granted, and this trend should stop. Since day one, we have been showing vision and speaking practical things accompanied with realistic solutions to our problem.
I will not be conscripted into political rhetoric that is being peddled to tarnish the image of hardworking and educated Kenyans working in South Sudan
The clumsy claims being parroted by some individuals that Kenyans are thieves is based on propaganda on and hearsay. President Kenyatta himself said during his visit to Israel recently that Kenyans are thieves.
President Mugabe also said Kenyans are thieves who will one day steal the sun. These sentiments are political gimmicks with no prove We shall not allow Kenyans to be branded or stereotype as thieves alike for wrongs committed by a few in our midst. I’m sure Kenyans have among them, honest people who have utmost integrity, and who are against corruption and theft.
The writer can be reached for comments via firstname.lastname@example.org