News:
On the 15th of February, 2014, Embu Governor Martin Nyaga Wambora was impeached for the second time by the members of the County Assembly MCA’s. The impeachment was affirmed by the House of Senate which accused him for violating the public procurement, the public act, the public management act and the Constitution. After four days (i.e. 16th of April, 2014), the High Court positioned in Kerugoya reinstated him and declared his impeachment null and void. On May 2014, the Governor was impeached again only to be reinstated back to his position by the same judges using the same Constitution on 13th May 2014.
Comment:
This is not the first time for Kenya’s court in giving out contradictory rulings. On the 26th of September 2013, Khatib Mwashetani, the member parliament for Lungalunga lost his seat after the High Court judge in Mombasa, Vincent Odunga, ruled that there were some irregularities in the election. On the 27th of November of the same year, the Court of Appeal judge Hannah Okwengu said while giving his verdict on the case that the appeal by Mr. Khatib Mwashetani should be allowed and the order of the judge’s trial is to be set aside. ”This court declares the appellant as the duly elected member of parliament for Lunga Lunga”
These and many more are clear proofs of the failure of the judicial system put in place by the people to judge between them. The Chief Justice of Kenya Dr. Willy Mutunga advised Kenyans to resort to witchcraft and elders to resolve their disputes. He said, “The judicial system is expensive and time consuming; it is better if people would prefer to seek verdicts from mosques, churches and elders”.
The ruling over Wamboras’ case is one of the most fatal flaws of man-made lawsuits which vary over time and from one place to another. Different people reach to different decisions and conclusions about the same issue.
Man-made laws, which compromise the creed of democracy, are the source of immorality, poverty, unemployment and insecurity in the entire world today. This is due to the human brain being influenced by its environment and thoughts thus influencing its verdicts. Through this, the rich people are able with their deep pockets to bribe the law-makers into passing a policy in their favor. Abraham Lincoln stated that democracy is no longer the rule of the people by the people for the people but the rule of the corporate, for the corporate and by the corporate. The corporate are able to maneuver within the laws and bend them to suit their needs.
The only way to assimilate all the different cultures, races and tribes into one basket is by making the One who created all of them its Lawmaker. This was proven when the Khilafah, that ruled the world for more than thirteen centuries, made the whole world a safe place to live and enjoy. Its laws come from Allah سبحانه وتعالى, The Perfect One who created the sun which does not disobey its route or the ocean which does not break its banks and destroy the earth. Allah سبحانه وتعالى is The One who created the sky without pillars which has never fallen after millions of years since its creation.
Your sincere brothers from Hizb ut Tahrir are working day and night to ensure that the perfect law from Allah سبحانه وتعالى, that guarantees each and every citizen under it, is secured and is able to acquire the people’s basic needs, is established under the Khilafah Athaniyah ar-Rasheedah and replaces the man-made laws.
Written for the Central Media Office of Hizb ut Tahrir by
Bakari Mohammed
Member of Hizb ut Tahrir in East Africa