Open Letter to Aaron Dubi: You’re Our Commander in this Legal Battle of Forced Deportation
By Dak Buoth, Nairobi, Kenya
February 1, 2017 (SSB) —- I often heard people saying a matter in court is not subjected to discussion, I beg to talk a bid. Counsel, we have entrusted you as our lead Commander at the Milimani law courts, and we have put you in front with all our eyes on you. We have mandated you to see into it that your learned Friend Dong Luak and Aggrey Idri are produced alive and fit like fiddle.
As we await the court to resume its sitting tomorrow morning for the second time, I believe you have loaded your mind with evidences waiting to spray the court with the relevance facts and facts in issue. I have reason to be confidence that we shall emerge partially victory because the existing laws and statutes work in our favor. However, I’m aware that legal battle is not a walk in the park; In fact it is quasi-military battle characterized by life threats and intimidation et cetera.
I fondly recalled an emotive case of slain Kenyan Advocate Mr. Willy Kimani who loses his life in such a legal battle last year in Nairobi. It is my humble prayer that nothing will touch you. I hope you will not be cowed because your career is not just mere profession but rather a distinguish vocation or calling to serve humanity without distinction, and as such I urge you to soldier on.
One legal pundit in the person of Lord Atkin said ‘‘there is no any area where lawyers can be counted as true heroes, it is in the defense of human rights, it is where they speak out for the rights of others, and in that respect public views them as fearless champions of the rights of the individuals’’ I and other fellow countrymen who studied here in Kenya knew what best is Aaron Dubi known for, I’m sure you have a placed in modern Kenya.
In addition, this case at hand is your stepping stone, it offers you a chance to spread your wings and extend your influence all across the region and South Sudan in particular. Counsel, I guessed someone must have whispered to you the rumors and hearsays lingering around that Mr. Dong Luak and Mr. Aggrey Idri are already deported to Juba via road on 26th January, 2016. I presumed this information is not far from the truth. I tell you this case was political motivated.
According to these numerous hearsays and our own imagination, it was believed that the duo’s deportation was meant to happen days prior to the 28th Ordinary summit of Africa Union which took placed on 31th January. Fortunately their political MoU have now backfired because they signed it with dirty hands. I hope you remember the maxim which says ‘‘he who seeks equity must come with clean hands’’ I feared that Dong and Aggrey would finally departed from us if taken to Juba.
I can’t imagine what kind of South Sudan without the two. As I speak to, the sympathizers of their kidnappers and captors are telling us here in town that the work we are doing at Milimani law court is an effort in futility. If we did confirmed tomorrow that the duo are already deported to Juba, I hope the high court judge Hon. Luka Kimaru will not just fold his hands and say he has nothing to do further; he must straight the long arms of the law; the court must sharpen its teeth and show us that it can bite anybody who disobey the law. The court must set a precedent.
In this regard, i advised you to plead, and direct the court to do the followings inter alia:
- That the defendant should tell us abundantly clear who, and where their Abductors, accomplice and conduits are by names based on the details tendered by the mobile service providers, that is Safaricum, Orange and Airtel; and if there are indications showing that the state security apparatus have abetted or aided in their abduction and deportation to Juba, the court should further compel the government to unequivocally admit their roles on the same. In the same breath, the court can then ask the opinion from Dong and Aggrey’s family members with your assistance as to what the court can do in term of remedy because this recurring violation of human rights laws can no longer go undeterred or unpunished.
- That the court order issued last week barring the Kenya Government not to deport Samuel Dong and Aggrey Idri should remain effective and inclusive.
- That the same order should cover all South Sudanese in Kenyan irrespective of their political opinion and affiliation, and that the state should not deported anybody again unless directed by this honorable court.
Moreover, there is nothing wrong for me to make a promise, it is when the promised does not materialized that would raise eyebrows, I want to assure you here and now, that good things are in store for you. We have another greater assignment for you. We shall come back and look for you in the near future. We shall contract you to represent our people in the Hybrid court of South Sudan that is scheduled to commence soon despite the myriad obstacles being put on the way by anti-peace elements in Juba.
In the peace accord, there is provision which would allow us to select local and regional jurists, Chapter 5 of the Agreement on the resolution of the conflict in South Sudan (ARCISS) provide for the establishment of the Hybrid court in South Sudan to try those who are accused of gross human rights violations.
To be definite on this, you will find Clause 3.3.3 of the same reads that ‘‘Prosecutors and defense counsels of the HCSS shall be composed of personnel from African states other than the Republic of South Sudan, notwithstanding the right of defendants to select their own defense counsel in addition to, or in place of, the duty personnel of the HCSS’’ When this time approaches, I and the like-minded compatriots will have reason to recommend and convince our people that you are one of the kinds, and that you can represent the victims as their defense counsel. Our people will have no objection to our proposal because they know you once stood with us during our hours of need.
I often heard people saying a matter in court is not subjected to discussion, I beg to talk a bid. Counsel, we have entrusted you as our lead Commander at the Milimani law courts, and we have put you in front with all our eyes on you. We have mandated you to see into it that your learned Friend Dong Luak and Aggrey Idri are produced alive and fit like fiddle. As we await the court to resume its sitting tomorrow morning for the second time, I believe you have loaded your mind with evidences waiting to spray the court with the relevance facts and facts in issue.
I have reason to be confidence that we shall emerge partially victory because the existing laws and statutes work in our favor. However, I’m aware that legal battle is not a walk in the park; In fact it is quasi-military battle characterized by life threats and intimidation et cetera. I fondly recalled an emotive case of slain Kenyan Advocate Mr. Willy Kimani who loses his life in such a legal battle last year in Nairobi. It is my humble prayer that nothing will touch you. I hope you will not be cowed because your career is not just mere profession but rather a distinguish vocation or calling to serve humanity without distinction, and as such I urge you to soldier on.
One legal pundit in the person of Lord Atkin said ‘‘there is no any area where lawyers can be counted as true heroes, it is in the defense of human rights, it is where they speak out for the rights of others, and in that respect public views them as fearless champions of the rights of the individuals’’ I and other fellow countrymen who studied here in Kenya knew what best is Aaron Dubi known for, I’m sure you have a placed in modern Kenya. In addition, this case at hand is your stepping stone, it offers you a chance to spread your wings and extend your influence all across the region and South Sudan in particular.
Counsel, I guessed someone must have whispered to you the rumors and hearsays lingering around that Mr. Dong Luak and Mr. Aggrey Idri are already deported to Juba via road on 26th January, 2016. I presumed this information is not far from the truth. I tell you this case was political motivated. According to these numerous hearsays and our own imagination, it was believed that the duo’s deportation was meant to happen days prior to the 28th Ordinary summit of Africa Union which took placed on 31th January.
Fortunately their political MoU have now backfired because they signed it with dirty hands. I hope you remember the maxim which says ‘‘he who seeks equity must come with clean hands’’ I feared that Dong and Aggrey would finally departed from us if taken to Juba. I can’t imagine what kind of South Sudan without the two. As I speak to you, the sympathizers of their kidnappers and captors are telling us here in town that the work we are doing at Milimani law court is an effort in futility.
If we did confirmed tomorrow that the duo are already deported to Juba, I hope the high court judge Hon. Luka Kimaru will not just fold his hands and say he has nothing to do further; he must straight the long arms of the law; the court must sharpen its teeth and show us that it can bite anybody who disobey the law. The court must set a precedent. In this regard, I advised you to plead, and direct the court to do the followings inter alia
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