Abductions remind us of a bygone era of medieval times.
How did medieval Europe judges, for example in year 1500's, determine the innocence or guilt of suspects? There was nothing like the Evidence Act where rational application of logic and evidence was the mantra.
Rather, trial by ordeal was the game. This entailed determination of innocence or otherwise by subjecting suspects or parties to a dispute to painful experiences like trial by combat. Trial by combat meant parties to a dispute or suspects fighting each other. In certain conditions, a party would nominate a champion to fight on their behalf. The losing combatant was deemed the guilty party. The winner of a fight is deemed innocent.
There was also trial through ordeal by fire. This typically required a suspect to walk a certain distance over red red-hot plowshare or hold red hot iron. In other instances, suspects would dip their hands in boiling oil or water.
Innocence was established by a complete lack of injury. Or passing through flames. Come out unharmed and be deemed innocent. Peter Batholomew- a Christian soldier in the first Crusade - in 1099, was charged that his claim of discovering Holy Lance was fraudulent. Out of his own choice, he opted for ordeal by fire to silence his critics. He died in the flames.
Christian reform movement
In 1498, a Catholic Friar named Savonarola, a leader of Christian reform movement in Florence Italy who claimed apocalyptic prophetic visions, decided to prove God's sanction of his mission by undergoing trial by fire. Suddenly, it started raining hence flames were doused. Onlookers judged God was against him. He was arrested, convicted of heresy and hanged.
Cruelty on suspects was not a preserve of medieval Europe. Suspects in communities in many traditional African societies would be tied to a beehive and rolled over a valley. The innocent would survive and the guilty perish.
One would imagine how many innocent people suffered from the foregoing.
But Why did traditional societies subject suspects to such cruel actions instead of rational due process of determination of innocence as we know today?
There are several possible explanations. But the above examples speak of a general trend of how traditional societies used violence as a tool to achieve various societal goals including Judicial determination.
Violence and torture were not a preserve of Judicial practice in bygone eras.
The exercise of political power was underpinned by violence. Violent autocracies and dictatorships are throwbacks to that bygone era.
Marital relationships
Marital relationships were underpinned by violence. Wife battery and domestic violence were legitimised. Even courtship did not entail seduction. In several African societies, suitors would abduct women along riverbanks. Disciplining children entailed the adage "spare the rod and spoil a child". Economic relationships were underpinned by violent raids, counter-raids and cattle rustling amongst tribes.
But human social progress has now evolved into peaceful relationships. Relationships now call for peaceful seduction. Economic relationships are underpinned by contracts and peaceful marketing strategies. Political power demands democratic non-violent legitimacy. Children by law deserve non-violent cajoling. Domestic violence has been outlawed.
In the same breath, however, grave the accusations, criminal suspects ought to be given their dignity. Official summons to a police station, processing of evidence and eventual arraignment in court.
Therefore, if indeed the abductions reported in the media have something to do with suspects purported impugned social media activities, definitely the remedy is not abductions.
Abductions remind us of a bygone era of medieval times.
Let more sophisticated methods be applied to deal with suspects.
Abductions have the opposite effect. It amplifies the suspects whose fame was restricted to the narrow social media space. The abductions amplify the impugned message with more now becoming aware of it.
This happens because mainstream media picks up the abduction story hence impugned message percolates and extends beyond the original social media reach.
Let Kenya adopt the modern ethos of peaceful treatment of suspects.
Dr Irungu Kangata is the Governor of Murang’a County
