I know the law says that every wrongdoer has a right to a lawyer and to be defended in Court, but a lawyer who is always defending bad people!
Is it morally Right?
Let us take a look at corruption cases in Kenya; many old big shot corruption cases are languishing in our court system with no hope of ever seeing their conclusion in the near future. We have cases that were sent to the courts during former president Moi’s regime. More are being added today, thanks to the current government that is led by shameless thieves. The result is that the delays might lead to acquittals or a a startlingly low rate of convictions, mostly of low level culprits.
It is a known fact that very few corruption cases in Kenya’s courts rarely end though, which therefore means people who have greatly wronged Kenyans are walking our streets free. The incompetence of the courts and the availability of a lawyer who can only defend those that cause poverty and misery to millions of people has only helped bolster these thugs.
Why, you wonder, does the Office of Public Prosecution fail to present evidence beyond reasonable doubt to the courts to get a conviction in these big shot corruption cases when they are faced with this particular lawyer?
I understand a lawyer’s duty is to represent his client and the prosecutor’s is to represent the state. Of course I do not expect a lawyer representing a criminal to put “community responsibility” ahead of his defense but I expect prosecution to do everything they can to represent the state and community within the bounds of ethical effort.
Most Kenyans accused of corruption are guilty, just that they haven’t really been declared so by the courts but in the court of public opinion, they are guilty as hell and the prosecution office can prove it if it did its utmost to prosecute the same way the lawyer does for his despicable clients in their defence.
This lawyer could be given a formal opportunity to justify his behavior, however, I doubt the authorities would be impressed.
The court system is ‘adversarial’, it requires each side to do its part well. From the Kenya experience, it is evident though that when it comes to certain corruption cases, the paperwork is read at State House and the outcome of the case decided upon there.
I know nothing about this lawyer other than what I have read in the press and on social media but to me his behavior is simply an accepted part of the dysfunctional nature of Kenya’s judiciary.
I cannot say he is fully to blame, the behavior of other players in the judiciary who have the authority and responsibility to control proceedings in these cases is questionable.
I just wish he would sometimes also try to defend the victim, unfortunately in most cases the victims are very poor, they cannot afford him.