Today I must admit I am writing about something of which I know nothing. I write as an observer, not an authority on the matters at hand. When the Arab spring started in grand fashion, I think none of us would have predicted the outcome. It has sometimes felt like when one has those dreams that they are falling in a hole, you keep falling and falling and never land. Somehow, mercifully, you wake up before you hit the ground. However, in several North African States, it was not a dream and the falling has come to a stop and they have landed with a thud. Since I have not lived under the rule of Ben Ali, or Mubarak, or Gaddaffi, I shall not be one to discuss whether or not they deserved what was coming to them.
I will speak of Moi and Kibaki and Raila instead. As an outsider looking in, it is difficult to miss the happiness, the euphoria, the joy at common folk finally bringing down the Tyrant and winning Freedom. We had our own "jubilation" in 2003 when Kibaki came into power and we saw the back of Moi. People were literally drunk with happiness and giddy with anticipation of a better Kenya without Moi. Our favorite chant was, "Yote yawezekana bila Moi" meaning, all is possible without Moi. In hindsight, I think we can all agree, not everything is possible without Moi, and the absence of Moi has not seen the demise of some of the things we attributed solely to his rule. We still have blatant impunity, corruption, scandal after scandal from the highest office to the lowest. A new ingredient we have now is a hands-off President, and so we now have added to the primordial soup, wrangles, infighting, power struggles and politics without end. I guess to a certain degree "yote yawezekana" (all is possible!) We have two governments rolled in one, its a PNU/ODM sandwich complete with two centres of powers fondly referred to as The Principals. Moi had big governments, but this one is now epic. We have seen the construction of many new roads and the repair of some neglected ones, and a New Constitution has also been delivered. I hear this is called Legacy.
Why did I bother to delve into Kenyan politics yet I am supposed to be writing about the Arab Spring? Simple, a principle called "Similar Fact Evidence." There is a worn out cliche` that there is nothing new under the Sun. This is one of those I know is true, because even the Bible says so. If it has happened before, it shall happen again somewhere sometime. Same script, different cast. I was glad when we had a change of guard, the Moi era had its good bits, but it also had many bad bits. However, when we embarked on almost deleting everything Moi, labelling people according to KANU regime remnants etc, we lost an opportunity: To take what was good with the Moi regime and to remove the bad and build new cultures there to grow new good parts to replace the old. My African brothers in North Africa are now in the same spot, albeit with a much bigger bang and at a higher price than we paid in Kenya. Three major "Tyrants" have fallen, and there is a vacuum that needs to be filled.
The Tunisian people led the way and keep leading, since they have now concluded an election. The winner of the election is the Islamist party, Al Nahda, is all set to form the next government. Tunisia has been fiercely secularist. That was one majority Muslim state where polygamy was outlawed, that is how progressive it was. However, religion and power are now back in the same saddle. How will this play out for Tunisian women? Human Rights? Should we turn back Iranian pages to learn how this may go? Or will Tunisian people write us a new script? I am still an observer, time will tell, I do not know, and I will not speculate. One Tunisian lady said on interview, (I paraphrase) that the new government has seen what they did to Ben Ali, so they know to not mess with any of the gains the women have. If I could have a conversation with her I would tell her, that they know how Ben Ali was toppled, but they will not be caught flat footed like he was, they will be ready for you.
The Egyptians followed suit not far behind. Mubarak and his sons are on trial, being locked up in a cage in a show of public humiliation, and jubilation for their detractors. The power vacuum left by Mubarak's exit has seen the rise of the Salafists, a radical Islamic group, as well as the Muslim brotherhood. This has left ties with Israel and the USA in real jeopardy. The army is stretched with weekly protests. One protestor complained that he has been protesting since he was 14years old, he is now in his mid thirties. He claims he has been chased and beaten more times in the last 8 months than in all his time protesting against Mubarak. The elections are slated for late November, and predictions are that there is less than a 20% chance of a secular or non-Muslim government taking the election. Coptic Christians have already had a run in with the Salafists, and several churches were burned and about 120 people lost their lives. Again, I pose, "yote yawezekana bila Mubarak?"
Finally the latest news of the October 20th demise of Col. Muammar Gaddaffi. This has been the loudest bang of them all, with the end of over four decades of power, wound up in a storm drain. The National Transitional Council, NTC has provisionally declared Sharia law to take over as they lay in place modalities of drafting new laws and a new constitution and organising elections, and handing over power..........The NTC at their launch in February 2011 insisted that they were not a caretaker government, but were only the political face of the resistance. However, this did not stop the Africa Union, and other Countries around the world from acknowledging them as the legitimate representatives of the Libyan people. That made it easier for them to take over as the government until the Libyan people have a chance to elect the leaders that will see Libya into the future.
The momentum is waning, the bounce is becoming weaker. Soon it must rest, and stop. Where will it stop? What does this mean for the region? Tunisia had made overtures towards the European Commission. Will the new regime continue this trend? Egypt was a strong ally to the United States and an important factor in maintaining peace in the Middle East. The most recent is the prisoner exchange that occurred in the last two weeks, which was mediated by Cairo. What does this mean for the Peace Process? For the minority Christians living in Egypt? What about Libya? The elections are projected to be in 2013, in the meantime we have Sharia. Will there be the transition from religious to secular? Will that bode more freedom, or it will be two steps forward, three steps back?
I drew an analogy of change with Kenya. My north African brothers, its a mixed bag. Change sometimes means exactly what you want it to mean, but sometimes you will find what you thought was Change will mean the exact opposite of what you meant. Take time to rebuild, to recoup, to regroup, then you can relaunch. Africa knows struggle well. We know pain and suffering first hand. We will walk the journey with you, not observe you from across the Oceans.
My prayer for all those in the Arab Spring, is that they are granted the desire of their heart, so that they too, can have the fruits of Uhuru, Freedom. May you find rest in favourable places, and may it give you and your children rest.
Amen.
Friday 28 October 2011
Monday 26 September 2011
Tribute to the Late Prof. Wangari Muta Maathai: I will be a Humming Bird.
"In degrading the environment, we degrade ourselves" - Prof. Wangari Maathai
This morning I woke up to find the news of the passing of the First African Woman to win the Nobel Peace Prize being aired on Network Africa, the BBC World Service Breakfast show. I was stunned, and at the same time, I was filled with a sense of gratitude that I lived in the lifetime of such a great woman. One day I shall tell Nicole that the main difference between Prof. Maathai and other mortal women was one, she dared to break barriers.
She dared to earn a PhD. She dared to stand up to her husband, who divorced her for being "unable to control her", but she fought him for the right to keep his surname setting a precedent in use till today! She dared to stand for Presidency. She dared to ignore the dangers and perils of defying the Moi Regime, and therefore managed to save Karura Forest & Uhuru Park, among many other projects some of which I'm sure I shall never hear off. She was a Member of Parliament, an Assistant Minister, but she received news of her Nobel Prize win whilst in wearing gumboots working in a garden. She was an extraordinary woman, and she definitely left her mark not just in Kenya, but around the world.
I have spent the day looking at her pictures with Nelson Mandela, Oprah Winfrey and other world leaders. I listened to the radio as Liberian President Ellen Johnson Sirleaf gave her tribute to her friend and colleague. I listened as Gladwell Otieno, reminisced on the Late Maathai comparing her with her own late mother, the legendary Wambui Otieno-Mbugua. All these have helped me understand, what a resource and a treasure the Professor was, and also made me alive to the fact, that one never knows what he has until he has lost it.
She wanted to be our President. What if we gave her that chance? Let her steal that First Democratically Elected Female President in Africa from her friend. She was in government, but was made an Assistant Minister. If she was our Commander in Chief, would we have had the Maize Scandal? The arguments about GMO? The Free Primary School Education Scandal? Would it have been business as usual for Kenya Pipeline, Kenya Power and others who endanger people's lives everyday, just as long as the bottom line remains healthy. What if the people of Tetu had elected her, what would have been the legacy she would have left on the Constituency? Even without ever being elected, she has done so much for the whole Nation, what if we gave her mandate and backing?
We have taken so much of our time in politics barking up the wrong tree, and wondering why the country is in the quagmire it is. It is because the same old names keep being recycled in the August House and in State House. At the end of the day, we are doing the same thing and wondering why the results are not different. I keep telling guys, I have exorcised the spirit of politician past from my psyche, and no one in this current or former parliament is getting my vote, no matter who he or she is. None of them have earned that privilege from me. Time has come for us to look at the alternatives. Those who have proved themselves in their little corner, those are the ones who deserve our vote. And if you are out there, and you know you have integrity and purpose and God has given you ability to lead incorruptibly, please stand up, we need GOOD men and women to challenge those who have so spitefully used us through the years.
I leave you with a clip from Prof. Wangari Maathai, and I too like her, choose to be a Humming Bird. What about you?
http://www.youtube.com/watch?v=IGMW6YWjMxw&feature=share
Joy B. Mdivo
This morning I woke up to find the news of the passing of the First African Woman to win the Nobel Peace Prize being aired on Network Africa, the BBC World Service Breakfast show. I was stunned, and at the same time, I was filled with a sense of gratitude that I lived in the lifetime of such a great woman. One day I shall tell Nicole that the main difference between Prof. Maathai and other mortal women was one, she dared to break barriers.
She dared to earn a PhD. She dared to stand up to her husband, who divorced her for being "unable to control her", but she fought him for the right to keep his surname setting a precedent in use till today! She dared to stand for Presidency. She dared to ignore the dangers and perils of defying the Moi Regime, and therefore managed to save Karura Forest & Uhuru Park, among many other projects some of which I'm sure I shall never hear off. She was a Member of Parliament, an Assistant Minister, but she received news of her Nobel Prize win whilst in wearing gumboots working in a garden. She was an extraordinary woman, and she definitely left her mark not just in Kenya, but around the world.
I have spent the day looking at her pictures with Nelson Mandela, Oprah Winfrey and other world leaders. I listened to the radio as Liberian President Ellen Johnson Sirleaf gave her tribute to her friend and colleague. I listened as Gladwell Otieno, reminisced on the Late Maathai comparing her with her own late mother, the legendary Wambui Otieno-Mbugua. All these have helped me understand, what a resource and a treasure the Professor was, and also made me alive to the fact, that one never knows what he has until he has lost it.
She wanted to be our President. What if we gave her that chance? Let her steal that First Democratically Elected Female President in Africa from her friend. She was in government, but was made an Assistant Minister. If she was our Commander in Chief, would we have had the Maize Scandal? The arguments about GMO? The Free Primary School Education Scandal? Would it have been business as usual for Kenya Pipeline, Kenya Power and others who endanger people's lives everyday, just as long as the bottom line remains healthy. What if the people of Tetu had elected her, what would have been the legacy she would have left on the Constituency? Even without ever being elected, she has done so much for the whole Nation, what if we gave her mandate and backing?
We have taken so much of our time in politics barking up the wrong tree, and wondering why the country is in the quagmire it is. It is because the same old names keep being recycled in the August House and in State House. At the end of the day, we are doing the same thing and wondering why the results are not different. I keep telling guys, I have exorcised the spirit of politician past from my psyche, and no one in this current or former parliament is getting my vote, no matter who he or she is. None of them have earned that privilege from me. Time has come for us to look at the alternatives. Those who have proved themselves in their little corner, those are the ones who deserve our vote. And if you are out there, and you know you have integrity and purpose and God has given you ability to lead incorruptibly, please stand up, we need GOOD men and women to challenge those who have so spitefully used us through the years.
I leave you with a clip from Prof. Wangari Maathai, and I too like her, choose to be a Humming Bird. What about you?
http://www.youtube.com/watch?v=IGMW6YWjMxw&feature=share
Joy B. Mdivo
Tuesday 13 September 2011
Abortion: Women's Rights or Big Business - Part II
This Post started out as a reply to a comment left on http://joymdivo.blogspot.com/2011/09/abortion-womens-rights-or-big-business.html. After numerous attempts to try and post it as a comment, I decided to just make it a new post, a part II rather than fight with the mouse clicking furiously for an hour to no avail. The comment was left by "Lugalia" and it read as follows:
Reproductive decisions, options, health access are a women's/ families' right and an opportunity for business.
Which part of of our healthcare and lifestyles is not an opportunity for anyone to make money?
Are an overwhelming amount of infertility cases linked to abortions?
Does planned parenthood and company make people choose abortion?
Is there a conspiracy between fertility experts, "abortionists", black market embryo traders?
Like I asked before: what are the root causes? What, who...creates an environment where abortion is consistently chosen?
Fertility experts? Embryo traders? Abortionists?
Is the solution to take away the choice the best option?
Are an overwhelming amount of infertility cases linked to abortions?
Does planned parenthood and company make people choose abortion?
Is there a conspiracy between fertility experts, "abortionists", black market embryo traders?
Like I asked before: what are the root causes? What, who...creates an environment where abortion is consistently chosen?
Fertility experts? Embryo traders? Abortionists?
Is the solution to take away the choice the best option?
The following is how I wanted to respond, and do hereby, to Lugalia's very legitimate questions: -
You keep making reference to abortion as a family's right, and yet it has been built on the suggestion that it is purely a woman's right and no one else's.
Abortion is directly linked to infertility, cancer, mental health instabiltiy (80% of women who have had an abortion report mental health issues, with 10% of these becoming chronic conditions i.e lifelong)
Documentation shows that only 1% of those who walk through planned parenthood's doors actually get referred to offer their unborn child for adoption. If the emphasis was women's health, ALL options would be availed for a woman in crisis in a PP clinic.
Is there a conspiracy? Your guess is as good as mine. From the facts I can see how one feeds off another, but if they made a conscious plan for this to happen, I cannot say.
The root cause is unwanted pregnancies. (the PC term is unplanned for) When a woman is in crisis and is pregnant, she has a time crunch to make a decision. However, due to hormonal changes resulting from pregnancy, she is also very susceptible and suggestible. Lack of support from lover, family and friend is also a factor. My take is that by offering abortion you do get rid of the pregnancy, but at the same time, you create many more problems for the woman that last much longer and will affect her entire life.
Abortion is not consistently chosen. Studies have also shown that many women who have abortions regret it and do not repeat the same in another instance of an unplanned for pregnancy. Many pro-life activists have had an abortion and do not want others to go through what they have gone through (ie the aftermath) Notably one of these is Dr. Aldeva King, Martin Luther King's niece, who has had two abortions. What it is, is that it is marketed and trumpeted as a triumph, so much so that when a 15yr old is in crisis pregnancy, she does not think of asking her mom for advise on how to deal with it, she will just look for her nearest abortuary and "get rid of it".
Abortion is not the best option, it is the worst option for the woman as well as for the child who will most certainly end up dead, and sometimes in very gruesome fashion. The price one has to pay if they chose abortion will affect every facet of their life, it is a ground zero. Women commemorate their abortion like we celebrate our children's birthdays. Some walk around seeing other children who would have been the age of their aborted child and feel the pain. Those who do get infertile wish they could turn back the hands of time. Those who die early from cancer of the breast or uterus or ovaries, sometimes don't even know where it came from, totally blindsided. Those whose mental health becomes dependent on drugs for some normalcy suffer untold anguish. It is a silent epidemic, because it is not politically correct to admit, that what has been touted for years to be one of women's greatest gains is actually their biggest pitfalls.
I reiterate, I AM PRO-CHOICE, BUT THE CHOICE HERE IS TO NOT GET PREGNANT IN THE FIRST PLACE. If one is in crisis pregnancy, then she should have a choice on whether to keep the child or give him up. If she cannot raise him, then she should not be forced to keep him, the society should take over. Women should be empowered to prevent pregnancy when not needed/desired. Since abortion was allowed in the USA in Roe v Wade, the instances of unplanned for pregnancies have actually risen since there is the perceived get out of jail free card. Instead as of 2009, 50million Americans never saw the light of day, as a result of having been aborted. That is 10million more people than Kenya's current population. If they had lived, they would now (Roe v Wade was a 1974 decision) be aged 38years and less, one of the most productive age bracket in a person's life. They would be paying taxes, that would help the American GDP especially during this recession. But alas, they do not exist, and migrants have taken up their space.
Think about it. Is abortion really the best option for women, society, the GDP?
What do you think? Please leave a comment and let me know your honest opinion.
Monday 5 September 2011
Abortion: Women's Rights or Big Business?
Today started really early for me, I am not an early morning person, so when I get to see the sunrise, I marvel at how lovely the world is. Creation is a thing of beauty I tell you! Big bang theory ain't got nothing on God's wonderful creation!! Today was a gray morning so I saw no sunrise, but I did get to listen to the first edition of "Network Africa" the BBC World Service for Africa Breakfast Show at 0330hrs GMT. Getting up early takes a toll on me by around 11am, my batteries run down before they recharge again in the afternoon. I tried to recharge my batteries by reading articles I found interesting but had no time to finish reading. One of them is a post from a link sent to me via twitter, http://www.lifenews.com/2010/10/23/nat-6787/. It was a commentary by a surgeon discussing the link between Breast Cancer and abortion. I have talked about this so many times, but I must admit, the science still eluded me, and I wanted to learn more on the issue. When I read this article, it had the desired effect, I started thinking, the slow clogs coming unstuck. This too as we hurtle towards the month of October, recognised world wide as being the month to highlight the issues surrounding Breast Cancer. (This month September is dedicated to Prostrate and Ovarian Cancer, just as a by the way.)
Most of you will recall my last post was an angry, indignant one, caused by Kenya moving closer to legalising abortion on demand. I was to write a follow up blog once the tears stopped clouding my eyes, but after praying about it, the Spirit of God within me indicated that I had said quite enough and should shut up already, so I did. What Life News' article did is to bring back to my mind the reason why I do what I do. Why I say what I say. I was convicted of just peddling rhetoric and put a human face to the issue. Abortion is never about saving life. Not even the mother's life. It is all about Big Business. Let me qualify this statement.
Planned Parenthood, the largest abortion services provider in the USA has an annual budget in excess of $1B. Their core business is abortion services. In Capitalism, once a market is saturated, one looks for fresh markets. Latest research instruments show abortions are on a slow but steady decline in the States, with the use of emergency contraception increasing therefore reducing the need for abortion on demand. Planned Parenthood is also the provider of these emergency contraception kits. Planned Parenthood recently lost up to $363M in federal funding. This gap must be filled somehow, whether it is from the Federal government, or from new frontiers. Each pregnancy carried to term offers more protection against the risk of developing Breast Cancer. Every abortion interrupts the physiological developments that take place during pregnancy, childbirth and nursing. This in turn increases the risk of development of Breast Cancer in women who have had one or more abortions.
During the whole month of October, the activities that aim to help women more about Breast Cancer include screening, testing, promotion of preventive regimen and showcasing the latest treatments available even on experimental stages to show the progress towards getting a cure. The season is also filled with a lot of merchandising to help raise awareness, and also funds for more research and treatment. This is big business each year for the pharmaceutical companies, research institutes, and producers of anything pink. Other businesses join in the cash bandwagon too, with specially branded products to sell during the whole month. Hospital's well woman clinics also keep busy during the whole month, with many who walk in getting follow up appointments. The initial clinic may be free, the subsequent follow up tests and visits certainly are not. All this is a multibillion dollar venture, a tried and tested module of making October a very successful financial month for all with the acumen to take advantage of the opportunity that comes wrapped up in this terrible disease.
It is unfortunate therefore to think that Kenya is headed down the same rail road. Our health care systems cannot cope with pre and post natal care, and post birth complications still claim an inordinate number of lives, of both mothers and babies. Our health care services cannot provide adequate pallative care to Cancer patients currently, never mind an increase in the number of cancer cases. I have a close female relative who recently went to India for cancer treatment simply because she could find no hope of treatment in Kenya, save for an you've-got-8-months-to-live prognosis. It was a combination of obsolete screening and treatment options, as well as the limited health care expertise on her type of Cancer. Her two month treatment in India was successful and the cancer is now in remission. She had money to go for treatment, how many Kenyans can afford this?
Capitalism gives us all an opportunity to be all we want to be, be all we can be, because we can make as much money as is there to be made. The unfortunate bit with Capitalism, is that some of us get ideas on how to make money in the most unscrupulous way, and when it works out, it only hardens the resolve. But as the adage goes, Evil prospers when good men do nothing, and my personal favorite, Those who don't learn from history, are duty bound to repeat it. Its not too late for Kenya, the writing though, is clearly on the wall.
Tuesday 2 August 2011
Ladies and Gentlemen, Please Welcome Kenya, the Newest Member of the Universal Baby Murder Club.
Start by looking at this article first. http://safariafricaradio.com/index.php/section-blog/96-women/807-maputo-protocol-a-hard-won-victory-for-women
This is one of those posts I wish I never had to write. Kenya finally ratified the Maputo Protocol. For those who followed the debate by the parties opposed to the passing of the new Constitution in Kenya last year, one of the biggest threats was the fact that the Constitution only allowed for Ratification of an International Treaty for it to become law in Kenya. There was a contentious clause as well of Abortion not being permitted unless the law expressly allowed it. By the ratification of the protocol, guess what, Kenya finally joined the "Let us use State funds to murder children rather than to save lives Club" I say this without fear of any contradiction, that this was what those who drafted the Constitution wanted in the first place. That is why it was made so difficult to change once the true plot came out. How did we get here?
The USA has found itself in unfamiliar territory over the last month. They have aired their dirty linen in public for all to see, Americans are very patriotic and know how to criticize others without really pointing any fingers at themselves. However the battle between the Republicans and the Democrats, the House of Representatives and the Senate, the Liberals versus the Conservatives has been played out blow by blow in full view of the world. If the stakes would not have been so high, it would have been laughable. One analyst however summed in up neatly. He said the problem is not really Congress or the Senate or the points being thrown around. He reckoned the problem is the fact that election donations by special interest groups was not as tightly controlled, and therefore those in power, had huge special interest group donors who were watching keenly. Next year being an election year, no one wants to lose a donor now, so everyone felt compelled to play hard ball, hence the historic stalemate.
Now back to Kenya. This Constitution we now have, that I have sworn allegiance to only because I am a patriotic Kenyan, is not a Kenyan Constitution. It is not a Wanjiku Constitution. It is an NGO Constitution. Special Interest groups had endless lobbying to form a compliant "Committee of Experts" whose expertise was apparent only to them and to those who suggested they are experts. Then came the Referrendum Campaigns and the money that was "poured" to "educate" Kenyans on the contents of the Constitution. The Church stood up very strongly opposed to the document, and those of us who spoke on behalf of the Church were labelled "liars" our Bishops were called "Demon-Possessed" One cabinet ministers actually called the Church Pastors "Ninkapoops" (sp?)
Within the last one month, Kenya finally committed itself to the World during a Conference in New York, to fully implement the Protocol, and committed to also end all forms of discrimination including discrimination on the basis of sexual orientation. Indeed, get me right on Abortion, my heart bleeds for all those women who will buy the lie and procure the same, to end up with broken dreams, nightmares, and a womb upon which death has found solace and continually rejects life even when she wants to give life. I bleed for those children who will never see the light of day, who's lives will be ended by an abortionists tools breaking into their warm cell.
I have to finish this later, my heart is so broken, I need a good cry. Kenya has just mortgaged it soul to the devil. God help us.
This is one of those posts I wish I never had to write. Kenya finally ratified the Maputo Protocol. For those who followed the debate by the parties opposed to the passing of the new Constitution in Kenya last year, one of the biggest threats was the fact that the Constitution only allowed for Ratification of an International Treaty for it to become law in Kenya. There was a contentious clause as well of Abortion not being permitted unless the law expressly allowed it. By the ratification of the protocol, guess what, Kenya finally joined the "Let us use State funds to murder children rather than to save lives Club" I say this without fear of any contradiction, that this was what those who drafted the Constitution wanted in the first place. That is why it was made so difficult to change once the true plot came out. How did we get here?
The USA has found itself in unfamiliar territory over the last month. They have aired their dirty linen in public for all to see, Americans are very patriotic and know how to criticize others without really pointing any fingers at themselves. However the battle between the Republicans and the Democrats, the House of Representatives and the Senate, the Liberals versus the Conservatives has been played out blow by blow in full view of the world. If the stakes would not have been so high, it would have been laughable. One analyst however summed in up neatly. He said the problem is not really Congress or the Senate or the points being thrown around. He reckoned the problem is the fact that election donations by special interest groups was not as tightly controlled, and therefore those in power, had huge special interest group donors who were watching keenly. Next year being an election year, no one wants to lose a donor now, so everyone felt compelled to play hard ball, hence the historic stalemate.
Now back to Kenya. This Constitution we now have, that I have sworn allegiance to only because I am a patriotic Kenyan, is not a Kenyan Constitution. It is not a Wanjiku Constitution. It is an NGO Constitution. Special Interest groups had endless lobbying to form a compliant "Committee of Experts" whose expertise was apparent only to them and to those who suggested they are experts. Then came the Referrendum Campaigns and the money that was "poured" to "educate" Kenyans on the contents of the Constitution. The Church stood up very strongly opposed to the document, and those of us who spoke on behalf of the Church were labelled "liars" our Bishops were called "Demon-Possessed" One cabinet ministers actually called the Church Pastors "Ninkapoops" (sp?)
Within the last one month, Kenya finally committed itself to the World during a Conference in New York, to fully implement the Protocol, and committed to also end all forms of discrimination including discrimination on the basis of sexual orientation. Indeed, get me right on Abortion, my heart bleeds for all those women who will buy the lie and procure the same, to end up with broken dreams, nightmares, and a womb upon which death has found solace and continually rejects life even when she wants to give life. I bleed for those children who will never see the light of day, who's lives will be ended by an abortionists tools breaking into their warm cell.
I have to finish this later, my heart is so broken, I need a good cry. Kenya has just mortgaged it soul to the devil. God help us.
Friday 29 July 2011
KENYA IS AT CROSS ROADS, AND SO AM I.
Every society begins with a group of individual coming together and deciding to be organized. They decide to be bound by a certain code, and sometimes even to be governed by a one among them to maintain order. As the group grows, so do the views expressed in the groups, the people who intend to govern the others also get different views on how the society should be run, and this festers sometimes into animosity. Then someone came up with a word called “Democracy” where people are to suggest who they think would make good leaders, and then everybody who cares to be heard puts in their two cents worth of opinion into the conversation. The one who emerges with the most two cents, is declared the winner and therefore the governor.
I know this is a very simplistic synopsis of how our societies are created, arranged and propagated. However, my point in all this is simple. In Kenya our origins are a bit different. We had kingdoms and chiefdoms that were living side by side with each other. People spoke their different languages and they had their own government. But in the late 17th Century, explorers came and “discovered” the treasures and pleasures of this vast land known as Africa. They went back home and told all who would care to listen about it. Investment Companies were formed and given Charters to come and explore the land and bring people out from the then considered overcrowded European Countries, and help them settle here in vast Africa. What happened by mid 18th Century was colonization. Under colonization, the fabric of how our societies were then organized was irreversibly altered. Opposing societies, historical enemies were made to become part of one nation. Societies were split into two when an imaginary line called a boundary was drawn between them. New entities came in and decided how, when, what the societies would do, making many helpless, since they could simply not grasp this new way of life.
Fast forward to the 20th Century, and we have modern day Kenya. It is made of at least 52 different societies. It is also a poster child of harmony, peace and stability for the longest time. Until we arrive to the 21st Century, and by now politics has “matured” in Africa. This means simply that we have completely discarded our former societies and are actively trying to come up with one united society. However, the events of December 2007 and early 2008 reminded us, that within us, those societies still remain. The pull of the former allegiances, despite our best efforts remain a strong under current suppressed only by our need to believe we are one, but when need be, then the current can override our nationhood. There are those who were surprised by the veracity and the velocity of this under current. There are those who thought it was about time our true colours came out for all to see.
Kenyans decided they wanted a change in how they were governed. They believed the problem was that the Constitution gave the governor too much power that if used correctly could greatly benefit the people, but when used capriciously, was a tool of great oppression. They were right of course. When the colonialists were leaving, they handed the country over to the new governors under a negotiated instrument called a Constitution. This was the new social contract between the governor and the governed. We flourished under this extensively negotiated instrument for all of two years. Once the new indigenous governors were in place, they took it upon themselves to alter the negotiated document into one that suited them, and had no negotiation with the governed. This is how we lost our regional governments. This is how we lost autonomy over the land in the area where we lived. This is how we lost the practice of the leader serving the people, and we went back to having a sovereign and subjects. The first President and founding father of our nation was a man who used this to good effect to consolidate his position. When he rested, the successor was a benevolent leader until 1982 when someone tried to overthrow him, and he too, adopted the same tactics of an iron fist that his predecessor had used.
When Kenyans decided they needed a review of their constitution, they did not know that this was the golden opportunity for yet another set of opportunists. The first set was the early independence ruling class. This set is even more dangerous, because they are domiciled among us pretending to have our massive interests at heart, but they are actually working for interests outside our realm of understanding. The civil society is a tool that has twin sides. On one side they dig wells, and educate our children and feed our dying masses. On the other hand, they play dangerous games in politics, with tactics such as lobbying, technical assistance, grants and awards, and other means of persuasion to tell us we must think a certain way, and any other way is taking us back to the dark ages. Instead therefore of constitutional review, we ended up with a brand new NGO constitution.
That is why Kenya is at cross-roads. There are many things that are in our “new” constitution that will shake this society of ours to its very core. There are truths we have had over the years that under this new dispensation will now not hold true. There are things we never thought we would see on our land, which will now become common place. I find myself being right smack in the middle of all this. I was living my life minding my own business when all this happened and now I find I cannot keep silent. I cannot watch as the society I grew up in degenerate into something barely recognizable. I cannot watch as our leaders refuse to learn from the experiences of those who have travelled this road before us and found it to be disastrous, and just let them lead us down the same mine shaft.
Kenya is at cross roads, and indeed I am too. I can choose to mind my own business and keep my corner clean, or I can choose to get equipped and to become a warrior. I may not save the world, but like the brave 300 Spartans who fought the great battle against the Persians, I can die keeping the enemy away from my motherland long enough to help reinforcements organize themselves and come to the aid of many.
Monday 25 July 2011
To be President or Not to be President, that is the Five Billion Shilling Question.
Last week, in the East African Newspaper, Muthoni Wanyeki wrote an article that was a tribute to a lady who had passed away after an unfortunate road accident. Dekha Ibrahim worked tirelessy in peace efforts in the North Eastern Region of Kenya and her death is indeed a big blow. Our thoughts and prayers remain with her children who are now orphaned, seeing as her husband and the driver both died on the spot. Back to today's post.
Ms. Wanyeki wrote something that caught my eye. She commented, I paraphrase, that she could not undrestand why the race to State House has attracted so many entrants yet the new Constitution emasculated the office of the President. She put it down to the fact that most of the aspirants did not internalise that the Presidency shall never be as it has been under Presidents Kenyatta, Moi and now Kibaki. Indeed, Kibaki has felt the clipping of his wings to a small extent, but I doubt he cares much. If you want to read Muthoni's article, here is the link http://www.theeastafrican.co.ke/OpEd/comment/Dekha+Ibrahim+fought+tirelessly+for+peace++justice/-/434750/1202554/-/153anelz/-/index.html
This prompted me to look at what has been, what will be, and what is the difference between them. I did what all execs do, got an intern to do a detailed analysis, and now I pass it off as my hard work. (The summary is all my hard work though, I guarantee you!)
1. Elections: In the New Order, for one to be nominated as a Presidential Candidate, he should have at least 2000 voters in a majority of the Counties adding their signatures to his nomination papers. The Old Order had no such requirement at the nomination stage, a mere 2000 signatures were sufficient. The "Old President" had to only have a simple majority in a first past the post system. This meant even if more people voted against him by voting opposition, if he got more than opposition, he was declared and duly sworn in as President. Under the New Order, the President must garner at least 51% of the total votes cast as well as a 25% county threshold to avoid a run-off.
2. Appointments: The Old President could hire and fire on the 1 O'clock News Bulletin, but the New Order demands all Presidential appointments must be vetted by the National Assembly.
3. Directives: The Old President could make new districts on the roadside as he made whistle-stop tours and they would have the force of law. Under the New Order, all Presidential Directives must be in writing, and must be signed and sealed as well.
4. Impeachment: Under the Old Order, a vote of "No Confidence" in the President would see the whole Parliament also stand dissolved. The New Order provides for the Impeachment of a President without affecting the life of the National Assembly.
5. Immunity: Previous Presidents all enjoyed immunity from Criminal Prosecution during the life of their Presidency. The New Order demands that the President will face criminal charges for offences that are envisaged in any International Treaty Kenya ratifies for example gross violations of Human Rights.
6. Commissions of Inquiry: Any reports made by any Commission or Taskforce shall be published once they are presented to the President, unlike previously where their release and implementation was the prerogative of the President.
Is your head reeling yet? Got room for more? Here we go, we are not done yet, a couple more good ones.
7. Power of the President over County Governments: The President may set up a Tribunal to look into the conduct of a County Assembly. If it is found to be inappropriate, he may choose to dissolve that particular County Assembly. However, this is subject to approval by the Senate. The Senate can also vote to "unsuspend" any suspended County Assembly if they find that the President suspended the County Assembly unjustifiably.
Before you imagine that all I wanted to do is to bore you with facts and figures, let me make my point. It is now harder for one to even make it to State House. However, once you are there you find, you actually have little or no work to do. Apart from being Commander in Chief, all other functions of the Presidency have been effectively taken over by the National Assembly and in one instance the Senate. We will have a figurehead President, who much like the Queen of England, will spend a lot of our money but the actual elbow grease of running our country will be needed by others.
So it is still worthwhile to run for the Presidency? If you cannot appoint all your in laws as Ambassadors or your cronies as Ministers, will it still be worth it? If you cannot make declarations that stick, or if you are liable to face prosecution if you make an order as Commander in Chief that ends in loss of life? Can you still call yourself President if you can suggest amendments to a Bill prior to Assent, only for your suggestions to be rubbished by a majority of members. Remember, quorum for the National Assembly out of 350 strong will only be 50, so 26 members can say "we don't think so" and pass the Bill anyway. Are you still President when you exercise your power to dissolve a County Assembly that is under performing only for the Senate to veto that decision?
Will we have a President really? Or just a figure head. Peter Opondo of Citizen when arguing out his reasons why he does not think Prof. James Ole Kiyiapi could run a Presidential Campaign indicated as one of his reasons, the fact that one needs at least Kes 5,000,000,000/= to run a campaign and clearly Prof. Kiyiapi had no such money. However, why would you spend all this money anyway, to come and find the party is already over for the President and all that is left is the cleaning, washing up and putting away?
I have argued before, but maybe not on this forum, that we traded an All-Powerful-President, for an All-Powerful-National-Assembly. Dictatorship by one versus Dictatorship by 350. Of all our elected Representatives, the members of the National Assembly can decide to gang up against the President and consign him to State House basically to "Keep House" rather than govern the State. Will it really be worth it to run for Presidency come 2012, (or 2013 if our Parliamentary Dictatorship gets their way)?
Think about it, and tell me what you think.
Ms. Wanyeki wrote something that caught my eye. She commented, I paraphrase, that she could not undrestand why the race to State House has attracted so many entrants yet the new Constitution emasculated the office of the President. She put it down to the fact that most of the aspirants did not internalise that the Presidency shall never be as it has been under Presidents Kenyatta, Moi and now Kibaki. Indeed, Kibaki has felt the clipping of his wings to a small extent, but I doubt he cares much. If you want to read Muthoni's article, here is the link http://www.theeastafrican.co.ke/OpEd/comment/Dekha+Ibrahim+fought+tirelessly+for+peace++justice/-/434750/1202554/-/153anelz/-/index.html
This prompted me to look at what has been, what will be, and what is the difference between them. I did what all execs do, got an intern to do a detailed analysis, and now I pass it off as my hard work. (The summary is all my hard work though, I guarantee you!)
1. Elections: In the New Order, for one to be nominated as a Presidential Candidate, he should have at least 2000 voters in a majority of the Counties adding their signatures to his nomination papers. The Old Order had no such requirement at the nomination stage, a mere 2000 signatures were sufficient. The "Old President" had to only have a simple majority in a first past the post system. This meant even if more people voted against him by voting opposition, if he got more than opposition, he was declared and duly sworn in as President. Under the New Order, the President must garner at least 51% of the total votes cast as well as a 25% county threshold to avoid a run-off.
2. Appointments: The Old President could hire and fire on the 1 O'clock News Bulletin, but the New Order demands all Presidential appointments must be vetted by the National Assembly.
3. Directives: The Old President could make new districts on the roadside as he made whistle-stop tours and they would have the force of law. Under the New Order, all Presidential Directives must be in writing, and must be signed and sealed as well.
4. Impeachment: Under the Old Order, a vote of "No Confidence" in the President would see the whole Parliament also stand dissolved. The New Order provides for the Impeachment of a President without affecting the life of the National Assembly.
5. Immunity: Previous Presidents all enjoyed immunity from Criminal Prosecution during the life of their Presidency. The New Order demands that the President will face criminal charges for offences that are envisaged in any International Treaty Kenya ratifies for example gross violations of Human Rights.
6. Commissions of Inquiry: Any reports made by any Commission or Taskforce shall be published once they are presented to the President, unlike previously where their release and implementation was the prerogative of the President.
Is your head reeling yet? Got room for more? Here we go, we are not done yet, a couple more good ones.
7. Power of the President over County Governments: The President may set up a Tribunal to look into the conduct of a County Assembly. If it is found to be inappropriate, he may choose to dissolve that particular County Assembly. However, this is subject to approval by the Senate. The Senate can also vote to "unsuspend" any suspended County Assembly if they find that the President suspended the County Assembly unjustifiably.
8. Assent of Bills: If the President did not wish for a certain law to pass, he simply withheld his Assent. Under the New Constitution, if the President without cause withholds his assent, the law automatically passes after 7 days of receiving the Bill from the Speaker. Of course within the 7 days he can send the Bill back to the National Assembly with suggested corrections. A majority vote in Parliament can choose to ignore the President's suggestion, and they can go ahead and send it back to him as it was, at which point he either Assents or he doesn't, the difference is actually the same; the Bill becomes law after 7 days.
Before you imagine that all I wanted to do is to bore you with facts and figures, let me make my point. It is now harder for one to even make it to State House. However, once you are there you find, you actually have little or no work to do. Apart from being Commander in Chief, all other functions of the Presidency have been effectively taken over by the National Assembly and in one instance the Senate. We will have a figurehead President, who much like the Queen of England, will spend a lot of our money but the actual elbow grease of running our country will be needed by others.
So it is still worthwhile to run for the Presidency? If you cannot appoint all your in laws as Ambassadors or your cronies as Ministers, will it still be worth it? If you cannot make declarations that stick, or if you are liable to face prosecution if you make an order as Commander in Chief that ends in loss of life? Can you still call yourself President if you can suggest amendments to a Bill prior to Assent, only for your suggestions to be rubbished by a majority of members. Remember, quorum for the National Assembly out of 350 strong will only be 50, so 26 members can say "we don't think so" and pass the Bill anyway. Are you still President when you exercise your power to dissolve a County Assembly that is under performing only for the Senate to veto that decision?
Will we have a President really? Or just a figure head. Peter Opondo of Citizen when arguing out his reasons why he does not think Prof. James Ole Kiyiapi could run a Presidential Campaign indicated as one of his reasons, the fact that one needs at least Kes 5,000,000,000/= to run a campaign and clearly Prof. Kiyiapi had no such money. However, why would you spend all this money anyway, to come and find the party is already over for the President and all that is left is the cleaning, washing up and putting away?
I have argued before, but maybe not on this forum, that we traded an All-Powerful-President, for an All-Powerful-National-Assembly. Dictatorship by one versus Dictatorship by 350. Of all our elected Representatives, the members of the National Assembly can decide to gang up against the President and consign him to State House basically to "Keep House" rather than govern the State. Will it really be worth it to run for Presidency come 2012, (or 2013 if our Parliamentary Dictatorship gets their way)?
Think about it, and tell me what you think.
Friday 8 July 2011
Is it "Cat out of the Bag" or is it "Cat on a Hot Tin Roof?" - Part II
Well, after a few days of considering what I feel on this issue, I think I have it nailed. Someone asked me what on earth I meant by "Cat out of the bag" and "Cat on a hot tin roof". Its simple really. Cat out of the bag means finally we have a chance to see exactly what direction the Chief Justice's agenda for the new Judiciary is. Some of us skeptical of him heard so much high praise about how revolutionary and wonderful he would be for the Judiciary and so looked forward to some real change. Maybe it was therefore easier for him to simply start by something easier, like dresscode. Nothing much to decide about that. So now the cat is out of the bag, it will be very liberal and relaxed under our new CJ, so I guess my spaghetti strap tops and peep toes will find a place in his new dress code, I am sure.
Cat on a hot tin roof, is simply reactionary. The fact that so much hullabaloo was raise concerning the stud prior to his confirmation in office, and after he assumed office, the "young lawyers" kept asking him to clarify that position so he felt compelled by the pressure of it all to react one way or another. Seeing as he is the purest cleanest Judicial Officer now, it would seem, he could not preach water and drink wine, so instead chose to simply clarify, stud are fine, and so are dreadlocks.
I have given this much thought and have had endless debates with friends and colleagues about this. What I pen down today is what we would call "A considered opinion". Our Chief Justice is quoted as saying that if he had to remove the stud, he would rather lose the position of CJ. Now that he is well and truly in charge, he has to live up to that assertion, as well as live up to the expectation of changing things in the Judiciary. So his cat is out of the bag, and he is dancing on a hot tin roof.
I must say I am disappointed. I do not have much faith in the CJ and his magical ability to change the Judiciary in the manner most of us imagine, but I have a lot of faith in the fact that in his position he has the ability to change the course of history as far as Kenya is concerned. The fact that his first major directive was to hire Advocates to defend the JSC in a matter that is clear (see earlier post on one-third, two-thirds what's the difference) may be put down as inexperience, learning the ropes as it were, since I don't see the ruling of the Court going the JSC way on this one. However, for him to take to Facebook to issue a statement of the magnitude of this particular one, I think was very misdirected. Who is his intended audience? The Advocates who practise before the Court on a daily basis? The Judicial Officers who will effectively implement the directive? How were they to find the directive on Facebook? Then what on earth does he mean it is on his behalf and the Supreme Court? Which Supreme Court? His Deputy and himself? Then now, does that mean the Judiciary has become "Us" and "Them"? The Supreme Court is some form of higher power court that does not really belong with the rank and file of the Subordinate Courts, High Court and Court of Appeal?
One definitely cannot have his cake and eat it too. You cannot be the law enforcer, when no law seems applicable to you. One thing about being a Judicial Officer is that sometimes, you must preach water even if you drink wine, because water must be preached over wine. That is how you apply the law, not because you agree with all of it, but because it is what it is. The Court cannot be run on the basis of "what-I-believe-in" or "I-don't-see-what-the-problem-with-that-is" It is like a building. The architect can design anything he wants, however he wants, but when it comes to construction, it only works if it is built from the foundation up. Brick upon brick, so is the law, precept upon precept, precedent upon precedent. Any attempt to alter this order, can see the whole thing come tumbling down.
So now that the cat is out of the bag, let the dance on the hot tin roof begin!
Cat on a hot tin roof, is simply reactionary. The fact that so much hullabaloo was raise concerning the stud prior to his confirmation in office, and after he assumed office, the "young lawyers" kept asking him to clarify that position so he felt compelled by the pressure of it all to react one way or another. Seeing as he is the purest cleanest Judicial Officer now, it would seem, he could not preach water and drink wine, so instead chose to simply clarify, stud are fine, and so are dreadlocks.
I have given this much thought and have had endless debates with friends and colleagues about this. What I pen down today is what we would call "A considered opinion". Our Chief Justice is quoted as saying that if he had to remove the stud, he would rather lose the position of CJ. Now that he is well and truly in charge, he has to live up to that assertion, as well as live up to the expectation of changing things in the Judiciary. So his cat is out of the bag, and he is dancing on a hot tin roof.
I must say I am disappointed. I do not have much faith in the CJ and his magical ability to change the Judiciary in the manner most of us imagine, but I have a lot of faith in the fact that in his position he has the ability to change the course of history as far as Kenya is concerned. The fact that his first major directive was to hire Advocates to defend the JSC in a matter that is clear (see earlier post on one-third, two-thirds what's the difference) may be put down as inexperience, learning the ropes as it were, since I don't see the ruling of the Court going the JSC way on this one. However, for him to take to Facebook to issue a statement of the magnitude of this particular one, I think was very misdirected. Who is his intended audience? The Advocates who practise before the Court on a daily basis? The Judicial Officers who will effectively implement the directive? How were they to find the directive on Facebook? Then what on earth does he mean it is on his behalf and the Supreme Court? Which Supreme Court? His Deputy and himself? Then now, does that mean the Judiciary has become "Us" and "Them"? The Supreme Court is some form of higher power court that does not really belong with the rank and file of the Subordinate Courts, High Court and Court of Appeal?
One definitely cannot have his cake and eat it too. You cannot be the law enforcer, when no law seems applicable to you. One thing about being a Judicial Officer is that sometimes, you must preach water even if you drink wine, because water must be preached over wine. That is how you apply the law, not because you agree with all of it, but because it is what it is. The Court cannot be run on the basis of "what-I-believe-in" or "I-don't-see-what-the-problem-with-that-is" It is like a building. The architect can design anything he wants, however he wants, but when it comes to construction, it only works if it is built from the foundation up. Brick upon brick, so is the law, precept upon precept, precedent upon precedent. Any attempt to alter this order, can see the whole thing come tumbling down.
So now that the cat is out of the bag, let the dance on the hot tin roof begin!
Tuesday 5 July 2011
Is it "Cat out of the Bag" or is it "Cat on a Hot Tin Roof?"
Over the last week, I have received questions on Facebook and Twitter by young lawyers about my position on studs and the dress code in Kenyan courts. To wit can lawyers appear before the Court wearing their studs? Because it is difficult for me to respond to each one of them individually, I wish to clarify my position here.
At this point, I can say that the Judges of the Supreme Court have agreed that we have no issues with anyone appearing before the Supreme Court, wearing their studs. Our position is that as long as officers of the court - both lawyers and judges can appear smart, a stud - or indeed dreadlocks - should not hinder the administration of justice.
At the Supreme Court, we shall not be wearing the colonial wigs and robes, and we shall seek the input of Kenyans on a simple robe that can be worn over a suit, for example. We will encourage the Court of Appeal and the High Court to review the dress code there. We will dialogue with them and the LSK and we expect the public to participate in the debate.
Willy Mutunga,
Chief Justice, Republic of Kenya
President of the Supreme Court
This statement was issued on Facebook by our Chief Justice this week. He is a man of great insight and high aptitude. I read his statement on the proposed new dress code and don't know what to make of it. It is not often I am out of words, so make a note of this, it may not happen again in your life time. So I leave it to you, are we seeing true colours coming out, or it is simply a case of one having made his bed (with a stud in it) and now having to lie in it. Take it in whatever sense thou wilst!!
Tuesday 28 June 2011
One-third, two-thirds what is the difference?
I have had a very interesting and eye opening experience today. In Kenya, there is the case currently in Court about the nominations to the brand new never been seen before in Kenya Supreme Court. For the benefit of those who do not know what this is, let me break this down for you. We passed a new Constitution last year that stipulated in it that the composition of all elective and appointive bodies will have to have no more than two thirds of one gender. The Supreme Court nominations have Two Women and Five Men. Has the requirement to not have more than two thirds of one gender been met?
The Federation of Women Lawyers Kenya Chapter (FIDA-Kenya) has led a group of several womens organisations to challenge this balance as failing to meet the Constitutional provisions. The Chief Justice has appointed some reputable Human rights lawyers to defend the Judicial Service Commission in the matter. Till now, I was a casual observer to this circus, since as you can tell from my earlier posts, my beef with the JSC was on a different tangent, but today they are not lucky, I am on their back again!
Let us do the math. Two thirds of 7 will give you 4.67 people. One third will give you 2.33. Now we know there are no .33 people (duh!) so how do we resolve the impasse? Article 81(2) of the Constitution of Kenya 2010 reads as follows.
81. The electoral system shall comply with the following principles––
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
This means any number less than or equal to two thirds is within the Constitutional confines. It therefore follows, any such overflow, must be rounded down to ensure the threshold is met. This means therefore if you have 4.67 rounded off to 5 people, 5 is more than the two thirds MAXIMUM and therefore it cannot be Constitutional. Meaning, .67 takes it over and above and therefore is unconstitutional. The only solution is to round it off to 4 so that the number of the opposite gender comes up to 3 meeting the threshold of NOT MORE THAN two thirds.
The argument has been on women attaining the one third threshold, but that premise is misleading. The constitution gives the maximum, and it cannot be exceeded even by one person. Not getting it yet? Let me try it another way. Having 5 members of one gender in a 7 member Court translates to 71.43% of the court being represented by one gender. Having 2 members of one gender in a 7 member Court translates to 28.57%. Two thirds would be 66.67%, meaning the current composition of the Supreme Court is 4.76% OVER the allowed constitutional maximum. This may seem like a small difference but just think of it this way. We are to have a National Assembly with 350 members. If it were to be 4.76% off, instead of having 233.33 members of one gender topping the two thirds maximum, you would have 16.6 more members, making the new number 250. That is 17 members over the limit, but the same 4.76%
I know either you have a eureka moment, or you are shaking your head wondering what I am on about. The moral of this whole story is this. The Supreme Court appointments may look like the are off not even by a whole person, so why the big deal. Think of a protractor, where you measure one degree from another is a single convergent point, but as the lines elongate, it becomes apparent that a degree from another travel very different paths and if you meet them after one kilometre, they will be so far apart. A builder puts a plumbline to determine whether a wall is straight, because even the smallest deviation, could see the whole structure collapse. If we are implementing this constitution, lets do it right, otherwise, in future the mess will be bigger than we could have imagined, and may be too late for us to fix. God bless y'all, as usual, the big children need me to pick them up or the school will fine me 500/= for late pick-up. (seriously, they fine us if we pick the children up late!!)
The Federation of Women Lawyers Kenya Chapter (FIDA-Kenya) has led a group of several womens organisations to challenge this balance as failing to meet the Constitutional provisions. The Chief Justice has appointed some reputable Human rights lawyers to defend the Judicial Service Commission in the matter. Till now, I was a casual observer to this circus, since as you can tell from my earlier posts, my beef with the JSC was on a different tangent, but today they are not lucky, I am on their back again!
Let us do the math. Two thirds of 7 will give you 4.67 people. One third will give you 2.33. Now we know there are no .33 people (duh!) so how do we resolve the impasse? Article 81(2) of the Constitution of Kenya 2010 reads as follows.
81. The electoral system shall comply with the following principles––
(b) not more than two-thirds of the members of elective public bodies shall be of the same gender;
This means any number less than or equal to two thirds is within the Constitutional confines. It therefore follows, any such overflow, must be rounded down to ensure the threshold is met. This means therefore if you have 4.67 rounded off to 5 people, 5 is more than the two thirds MAXIMUM and therefore it cannot be Constitutional. Meaning, .67 takes it over and above and therefore is unconstitutional. The only solution is to round it off to 4 so that the number of the opposite gender comes up to 3 meeting the threshold of NOT MORE THAN two thirds.
The argument has been on women attaining the one third threshold, but that premise is misleading. The constitution gives the maximum, and it cannot be exceeded even by one person. Not getting it yet? Let me try it another way. Having 5 members of one gender in a 7 member Court translates to 71.43% of the court being represented by one gender. Having 2 members of one gender in a 7 member Court translates to 28.57%. Two thirds would be 66.67%, meaning the current composition of the Supreme Court is 4.76% OVER the allowed constitutional maximum. This may seem like a small difference but just think of it this way. We are to have a National Assembly with 350 members. If it were to be 4.76% off, instead of having 233.33 members of one gender topping the two thirds maximum, you would have 16.6 more members, making the new number 250. That is 17 members over the limit, but the same 4.76%
I know either you have a eureka moment, or you are shaking your head wondering what I am on about. The moral of this whole story is this. The Supreme Court appointments may look like the are off not even by a whole person, so why the big deal. Think of a protractor, where you measure one degree from another is a single convergent point, but as the lines elongate, it becomes apparent that a degree from another travel very different paths and if you meet them after one kilometre, they will be so far apart. A builder puts a plumbline to determine whether a wall is straight, because even the smallest deviation, could see the whole structure collapse. If we are implementing this constitution, lets do it right, otherwise, in future the mess will be bigger than we could have imagined, and may be too late for us to fix. God bless y'all, as usual, the big children need me to pick them up or the school will fine me 500/= for late pick-up. (seriously, they fine us if we pick the children up late!!)
Friday 24 June 2011
Well well, what do we have here!!
If you are a fan of TV, then you have heard this line several times, "Well, well, what do we have here!!" It usually means someone has been caught at the wrong time in wrong place, or he is red-handed, or he was trying to escape the villain and now he is cornered with no escape. My reference is the red-handedness. In my May blog I indicated all we needed is two more activist Judges in the Supreme Court and the Liberals have it in the bag, a Supreme Court of Judicial Activists. Well well, what do we have here!
With the nomination of both Njoki Ndungu aka Susanna and Smokin (what) Wanjala, the Liberals have it. Why do I make these wild accusations? As previously indicated, Ms. Ndungu has a good head on her shoulders, which she has used in scholastic, political, and activist use to good effect. She is a regular columnist in a few papers (this now has to stop, she is a Judge and a gag order surely follows with that) She sponsored the Sexual Offences Act, whose provisions cause so much disquiet among men that before it was passed many provisions, most notably the one for castration for sexual offenders, was removed. She was in the Urgent Action Forum held in Naivasha in June 2007 in which the strategy to decriminalise sexual relations was laid out, a forum our new Chief Justice was famously quoted as saying "This kind of rubbish (religion) makes him very mad!" Here is the link, read it for yourself. http://www.urgentactionfund-africa.or.ke/pdfs/Sex%20Matters.pdf She also organised ladies who work in pubs and bars as well as sexual workers to have a forum where they spoke about legalising prostitution and registering sex workers to offer them more protection. This to me clearly demonstrates to me, that she is NOT a centralist as some commentators in the main stream media would have us believe, but she is indeed quite Left Handed, meaning Liberal. What I can expect from her therefore is another one for Team Mutunga.
As for Dr. Smokin, he was Deputy Chair for one Judge (Rtd) Aaron Ringeera at the KACC, who whas adjudged of having done such a poor job that despite his very strong judicial career, and well documented sound jurisprudential reasoning, was not even shortlisted for the interviews. As his immediate deputy, I therefore am still wondering, how Rigeera came out blackened and charred and somehow Smokin smells not of smoke but of lavender!!! This seems to me, that this particular appointment was done as a huge favour to someone, because the same disqualification that applied to Ringeera should have applied to Wanjala and Sichale! People to whom huge favours are owed usually collect when the stakes are high enough. Since this show is being run entirely by "Reformers" I can only conclude that the one who will collect will be one of these.
Where does that leave us? It means it does not matter how conservative or level headed Judges Ojwang', Ibrahim and Tunoi are, they can dissent until they are blue in the face, they can write 50pages or reasoning explaining their dissent, but in the Supreme Court they all sit and they all decide and where the scale falls is how it is decided. In a sure 4 versus 3 (if at all) balance, I now await the circus to begin. From later this year when the cases start flooding in,they will be the light that will shine so we are able to see the true colours out of the prism of this "New Dawn" in Judiciary. As a law making court, any such decisions, however contrary to the rest of us are binding even on Parliament to change the law to line up with the Court's constitutional interpretation. Even bad law is still law and until another Supreme Court sits on the same issue to reverse it, we shall all have to be duly obliged to the Honourable Justices.
Phew!
This has been too long. But I had to get it off my chest. It is a long road we have to travel. Hope you have buckled in for the ride. Keep praying, Keep believing, a better Kenya is so possible!
With the nomination of both Njoki Ndungu aka Susanna and Smokin (what) Wanjala, the Liberals have it. Why do I make these wild accusations? As previously indicated, Ms. Ndungu has a good head on her shoulders, which she has used in scholastic, political, and activist use to good effect. She is a regular columnist in a few papers (this now has to stop, she is a Judge and a gag order surely follows with that) She sponsored the Sexual Offences Act, whose provisions cause so much disquiet among men that before it was passed many provisions, most notably the one for castration for sexual offenders, was removed. She was in the Urgent Action Forum held in Naivasha in June 2007 in which the strategy to decriminalise sexual relations was laid out, a forum our new Chief Justice was famously quoted as saying "This kind of rubbish (religion) makes him very mad!" Here is the link, read it for yourself. http://www.urgentactionfund-africa.or.ke/pdfs/Sex%20Matters.pdf She also organised ladies who work in pubs and bars as well as sexual workers to have a forum where they spoke about legalising prostitution and registering sex workers to offer them more protection. This to me clearly demonstrates to me, that she is NOT a centralist as some commentators in the main stream media would have us believe, but she is indeed quite Left Handed, meaning Liberal. What I can expect from her therefore is another one for Team Mutunga.
As for Dr. Smokin, he was Deputy Chair for one Judge (Rtd) Aaron Ringeera at the KACC, who whas adjudged of having done such a poor job that despite his very strong judicial career, and well documented sound jurisprudential reasoning, was not even shortlisted for the interviews. As his immediate deputy, I therefore am still wondering, how Rigeera came out blackened and charred and somehow Smokin smells not of smoke but of lavender!!! This seems to me, that this particular appointment was done as a huge favour to someone, because the same disqualification that applied to Ringeera should have applied to Wanjala and Sichale! People to whom huge favours are owed usually collect when the stakes are high enough. Since this show is being run entirely by "Reformers" I can only conclude that the one who will collect will be one of these.
Where does that leave us? It means it does not matter how conservative or level headed Judges Ojwang', Ibrahim and Tunoi are, they can dissent until they are blue in the face, they can write 50pages or reasoning explaining their dissent, but in the Supreme Court they all sit and they all decide and where the scale falls is how it is decided. In a sure 4 versus 3 (if at all) balance, I now await the circus to begin. From later this year when the cases start flooding in,they will be the light that will shine so we are able to see the true colours out of the prism of this "New Dawn" in Judiciary. As a law making court, any such decisions, however contrary to the rest of us are binding even on Parliament to change the law to line up with the Court's constitutional interpretation. Even bad law is still law and until another Supreme Court sits on the same issue to reverse it, we shall all have to be duly obliged to the Honourable Justices.
Phew!
This has been too long. But I had to get it off my chest. It is a long road we have to travel. Hope you have buckled in for the ride. Keep praying, Keep believing, a better Kenya is so possible!
Thursday 23 June 2011
A prophet has no honour in his home town.
This week the Parliamentarians and other Constitutional Office Holders received a salvo from the Taxman. Pay your taxes in arrears or we send you auctioneers!! During the pre-referendum era, many politicians tried to encourage the Church leaders to enter an MoU with the Principals to ensure our objections are taken care of once the Constitution is passed. This is because, they too were objecting to the passing of the Constitution, because they would be taxed. They had a famous meeting where the President assured them that they would not be taxed until the next time round when elections are held. Now the Tax-man is calling, and the Principals are quiet. As the elders said it, "Wametulia kama maji ya mtungi!"
The immediate former Chief Justice is the one who swore the President into office at dusk. The Chief Justice demoted the then Registrar Christine Meoli and sent her back to the Trenches of the Court Corridors. He embarked on building himself a glorious court in Milimani, only now for Willy Mutunga to occupy it! The Ocampo 6 each played a role in the getting into power of the two Principals. Now they are facing the music alone, with their Principals safely here one dosing away in State House and the other strategising on how to get into power next year!
I'm sorry if I come across today as being cocky, and sounding very "I-told-you-so" like, it is just that sometimes, one has to be reminded, hopefully they will learn from it. My son is very Curious George cheeky. (If you don't know Curious George, search YouTube to see him in action.) Every time there was a black out and we would light candles, my son would always keep us busy trying to keep him from the flickering flame. One day there was a black out so we lit a candle. He was drawn to the flame. I kept saying to him, "don't touch, it is hot hot hot" he would back off whilst I was looking at him. When he thought I was looking away, he put his little finger into the flame. Well, he got burnt. I looked back at him. He had folded his burnt finger into his little fist, and had bit his lower lip and tears were welling up in his eyes. When I asked what was wrong, he could not even talk, simply shook his head. Finally he burst into wails and ran into my arms holding his little finger up. I kissed and made it better, and he calmed down. Suffice it to say, to date, I have not stopped using candles, but I have never had to tell him to not put his finger in the candle, he knows what it means.
Whenever you warn someone of impending danger, sometimes they do not heed the warning, simply because they know you too well. They have seen you in your failings and your sufferings, there is no way to convince them that there is any authority behind your warning. I must admit, one must test every word, lest you be misguided into doing something very foolish. However, I am now very proud of the stand the Church took. Since this Constitution was passed, things have been unfolding and the reaction is sometimes shock and disbelief. One of my life's mantras is "Those who fail to learn from history are duty bound to repeat it." Whenever we raise objections or make noise, it is because we have looked at other people who had the same glorious promises being made to us made to them. Now in hindsight, they wish they had left it alone. The only consolation is it may be a shock to others, but for me, I simply sip my tea and look at it from a distance. One day, they may learn to listen to my voice.
Again, time to run pick the babies, sorry, big children (the Teacher said to not call them babies so I have to retrain my head to call them children!!) Have a blessed time y'all
Tuesday 14 June 2011
If I had known then what I know now.
Its been a while since I blogged, mainly because I have been engaged in the Nation Building process. When I was in school the loud mouth I was, I did a lot of public speaking. One poem I did was "Building the Nation" It was the story of a driver who's Principal (everyone is using this word these days to mean Boss!) was a Permanent Secretary who drove to all these nice places he could not enter, lovely restaurants he could not eat from and when he was done driving the wonderful vehicle, had none to take him home. I have been trying to do my bit to make Kenya what I believe it can be, with limited success, but unending unwavering psyche on my part.
I went to County Hall together with other Christian Professionals to articulate our position on the nominations for the office of Chief Justice and Deputy Chief Justice. Suffice it to say, our opposition to the nominations was not very popular. In fact, I observed the time taken in cross examining presenters of a differing view was quite long. What bothered me was also the quality of the questions. Sample this: -
"You object to Dr. Mutunga wearing an earring, and yet your Bishops wear long dresses and large necklaces?"
"You people think Abortion is not right, so whose life is more important, the Mother's or the Child's?"
"Even God tells us in the Bible if God be God serve Him and if Baal be god then serve him, what is wrong if we choose to serve Baal? In fact, didn't your God also order Hosea to marry a prostitute?"
Now, this coming from Parliamentarians who have been given a presentation on ideology, activism and other concerns we had about the nominees, the tangent it took was very curious. It seemed like the hangover from the August Referrendum. The questions had nothing at all to do with what sent us to County Hall. That was me and building the nation.
I have it firmly set in my mind, that going to parliament turns your brain to mush. But I also have it firmly set in my mind, that I shall try my best to either get in their myself, or send men and women whose pedigree I well know. I am fed up with the over-fed over-rich idiots whose arrogance to any view is nauseating. I am also very fed up with sycophantic bootlickers who only pander to the whims and beckoning of their puppet masters. I am well and truly fed up with the so-called Christians in parliament, who obviously sleep all through the sermons, only glean from it that which they can misuse.
As a devout practising Christian, I have been accused many times of being intolerant, prejudiced and bigoted. What I have discovered and the conclusion I have arrived at, is those who level those accusations against me the loudest are themselves more bigoted, more prejudiced and more intolerant than I ever could be. How else do you explain that not one question that came out of the panel drew from our numerous presentations, but instead focused on passing judgement against the Church as having no "moral authority" to comment on the matters at hand.
I have to go pick the children from school now. Parting Shot: Watch out if you are standing lest you too fall. A hand saw cannot cut one way, it must go forwards and be pulled backwards for it to cut. What does this mean? If you look at me and think I am misguided, look in the mirror, because the only one misguided is you.
I went to County Hall together with other Christian Professionals to articulate our position on the nominations for the office of Chief Justice and Deputy Chief Justice. Suffice it to say, our opposition to the nominations was not very popular. In fact, I observed the time taken in cross examining presenters of a differing view was quite long. What bothered me was also the quality of the questions. Sample this: -
"You object to Dr. Mutunga wearing an earring, and yet your Bishops wear long dresses and large necklaces?"
"You people think Abortion is not right, so whose life is more important, the Mother's or the Child's?"
"Even God tells us in the Bible if God be God serve Him and if Baal be god then serve him, what is wrong if we choose to serve Baal? In fact, didn't your God also order Hosea to marry a prostitute?"
Now, this coming from Parliamentarians who have been given a presentation on ideology, activism and other concerns we had about the nominees, the tangent it took was very curious. It seemed like the hangover from the August Referrendum. The questions had nothing at all to do with what sent us to County Hall. That was me and building the nation.
I have it firmly set in my mind, that going to parliament turns your brain to mush. But I also have it firmly set in my mind, that I shall try my best to either get in their myself, or send men and women whose pedigree I well know. I am fed up with the over-fed over-rich idiots whose arrogance to any view is nauseating. I am also very fed up with sycophantic bootlickers who only pander to the whims and beckoning of their puppet masters. I am well and truly fed up with the so-called Christians in parliament, who obviously sleep all through the sermons, only glean from it that which they can misuse.
As a devout practising Christian, I have been accused many times of being intolerant, prejudiced and bigoted. What I have discovered and the conclusion I have arrived at, is those who level those accusations against me the loudest are themselves more bigoted, more prejudiced and more intolerant than I ever could be. How else do you explain that not one question that came out of the panel drew from our numerous presentations, but instead focused on passing judgement against the Church as having no "moral authority" to comment on the matters at hand.
I have to go pick the children from school now. Parting Shot: Watch out if you are standing lest you too fall. A hand saw cannot cut one way, it must go forwards and be pulled backwards for it to cut. What does this mean? If you look at me and think I am misguided, look in the mirror, because the only one misguided is you.
Tuesday 17 May 2011
A Chief Justice indeed, but which justice is really chief in Kenyan society?
There is such a ruckus over the selection of the Chief Justice and his deputy. The nominated Deputy CJ, went to court to try and gag the Law Society of Kenya from issuing political statements, now she is touted as being reformist Number 1! The Chief Justice nominee, turning up with a stud in his ear that he was instructed by his ancestors to wear. I wonder what other instructions he receives from his ancestors, and if it is they he always obeys, since he claims any attempt to have his remove it will see him relinquish the post of CJ.
We have been treated to a comedy of horrors, interviews that were more like Gestapo Interrogations than anything. Humiliation and Embarrassment of the highest order of distinguished men and women in our legal fraternity. And all for what? To end up with a Chief Justice who wears a single stud on his left ear, and says if he has to remove it for him to be Chief Justice, well we can keep the job because that stud is too important to him. Shocking, how much premium he places on the fact that he is to lead a whole arm of government. If put on the scale, the CJ's job weighs less than a stud! Yet there are men and women who have devoted their whole career to the dispensation of justice, and yet alas, they were found wanting! (The gospel according to the JSC)
I know, I can rant and rave about it, but one thing I have decided to do, is let this madness run its course. It seems Kenyans are obsessed with making the wrong decisions under the guise of taking a new direction. The more incredulous the choice, the more radical and forward thinking it is! Well, those who don't learn from history are duty bound to repeat it, so I guess the shouts of "ouch!" from other jurisdictions went unheard and unheeded here. The are labelling all voices of caution or dissent as being "anti-reformist" or being the forces that are corrupt and are afraid of their old ways being exposed. It is preposterous! However, one thing I have learned, justice is crucial, for every society. Play games with it, and what you risk losing is more than you gain of it. Just a stud? I wonder what else will be fine by us in our compromise to try exorcise the spirit of "Moism" from our systems.
We have a new Constitution. Most of the provisions will be given life either in parliament or in the courts. The new set up of the county assemblies and the bi-cameral parliament will take quite a while to be established. So guess who will be in charge of giving life and meaning and interpretation to the Constitution? With an Activist Chief Justice, and an Activist cum Reformist Deputy, its only a matter of time before Judicial Activism takes over. The Chief Justice, who will be the head of the Judicial Service Commission, will be in charge of deciding who is in the Supreme Court, the law making court. Have you seen some of those looking for Supreme Court Positions? Njoki Susanna Ndungu, she who has never practised law in the court corridors, and is reknowned for her activism. Hon Martha Koome, former FIDA Kenya stalwart. The Supreme Court has a total of 7 judges, if four are guaranteed activists, what hope do we have that we have not just ushered an era where those 7 unelected judges will decide the fate of this land. It will be a sad day for Kenya, when Judges will decide what law governs Kenyans, rather than parliament, our chosen representatives, but that day is indeed coming.
All I can do now is pray, which is what I am doing for Kenya. I give up any earthly wisdom on how Kenya's issues can be resolved, and I leave it to God to decide. Did we leave it too long? Is all lost? I leave it at the Potter's Hand, we are but clay.
We have been treated to a comedy of horrors, interviews that were more like Gestapo Interrogations than anything. Humiliation and Embarrassment of the highest order of distinguished men and women in our legal fraternity. And all for what? To end up with a Chief Justice who wears a single stud on his left ear, and says if he has to remove it for him to be Chief Justice, well we can keep the job because that stud is too important to him. Shocking, how much premium he places on the fact that he is to lead a whole arm of government. If put on the scale, the CJ's job weighs less than a stud! Yet there are men and women who have devoted their whole career to the dispensation of justice, and yet alas, they were found wanting! (The gospel according to the JSC)
I know, I can rant and rave about it, but one thing I have decided to do, is let this madness run its course. It seems Kenyans are obsessed with making the wrong decisions under the guise of taking a new direction. The more incredulous the choice, the more radical and forward thinking it is! Well, those who don't learn from history are duty bound to repeat it, so I guess the shouts of "ouch!" from other jurisdictions went unheard and unheeded here. The are labelling all voices of caution or dissent as being "anti-reformist" or being the forces that are corrupt and are afraid of their old ways being exposed. It is preposterous! However, one thing I have learned, justice is crucial, for every society. Play games with it, and what you risk losing is more than you gain of it. Just a stud? I wonder what else will be fine by us in our compromise to try exorcise the spirit of "Moism" from our systems.
We have a new Constitution. Most of the provisions will be given life either in parliament or in the courts. The new set up of the county assemblies and the bi-cameral parliament will take quite a while to be established. So guess who will be in charge of giving life and meaning and interpretation to the Constitution? With an Activist Chief Justice, and an Activist cum Reformist Deputy, its only a matter of time before Judicial Activism takes over. The Chief Justice, who will be the head of the Judicial Service Commission, will be in charge of deciding who is in the Supreme Court, the law making court. Have you seen some of those looking for Supreme Court Positions? Njoki Susanna Ndungu, she who has never practised law in the court corridors, and is reknowned for her activism. Hon Martha Koome, former FIDA Kenya stalwart. The Supreme Court has a total of 7 judges, if four are guaranteed activists, what hope do we have that we have not just ushered an era where those 7 unelected judges will decide the fate of this land. It will be a sad day for Kenya, when Judges will decide what law governs Kenyans, rather than parliament, our chosen representatives, but that day is indeed coming.
All I can do now is pray, which is what I am doing for Kenya. I give up any earthly wisdom on how Kenya's issues can be resolved, and I leave it to God to decide. Did we leave it too long? Is all lost? I leave it at the Potter's Hand, we are but clay.
Thursday 12 May 2011
Its cold outside but I'm warm inside
One really rainy day in Mombasa I was on my way to work. I had no car those days, I was still in Government employ. I walked out of the house when it was still dry, by the time I got to the bus stop, it was drizzling. I thought of heading back home to look for something to shelter me from the rain, but by then it was really raining heavily. I stood under a tree at the bus stop waiting for the rain to percolate through the leaves to start pounding me as well. Then I thought to myself what a miserable day I would have if my clothes were damp, so I decided to pray. I asked God to keep me dry. He loves me and He wants the best for me. I gave thanks for the rain and asked Him to not stop the rain, but since I needed to go to work and I needed to be dry, for Him to keep me dry, and I said Amen.
It was one of those few EUREKA moments when I have had total child-like faith. I believed even in the torrential downpour, I would remain tinder dry. The percolation through the trees sure occurred, but I had a circle of about 1.5metres in diametre around me completely dry! Even the soil was totally dry. I stood at the bus stop for about25 minutes before a nissan matatu (public minivan) finally arrived. The driver stopped the vehicle and the conductor opened the door to let me in. Not even the transfer into the matatu got a drop on me. The conductor who let me in, in the short time he had his door open, got quite wet, yet I entered his matatu as dry as if they picked me up from my drive way. He looked at me so strange, as did the passangers who I found in the matatu, since they were all wet and a bit frazzled, and I was not.
This was a miracle just for that day. Just to remind me He does feel concern for my every detail. In life, it may be stormy all around. You may not have a reason to be hopeful. A crash may seem inevitable, a soaking in the cards for sure. However, it does not have to be. Interrogate yourself, what do you hope for in life? Are you getting it? Can you do anything different? I recommend faith. It is a crutch all of us could use. Besides, it does not leave you with a hangover!
Monday 9 May 2011
Its been a while
I have left off blogging for a while, trying other pursuits, but I think I really love writing, bottom line. I must give blogging a second chance, since I realise I spend too much on Facebook and now increasingly more time on twitter.
I have had two weeks or so to ponder and think about what life really is to me. I must admit, there are still many gaping holes, but I so love the fact that I have God to lean on. I think my Christianity is the ultimate crutch. This life is way too hard. I come to a place I feel I am where I want to be. I have a job that satisfies me, making decent money, living in a nice enough house for what I need, in a good enough neighbourhood for my station in life. I have material blessings.
Spiritually too, I feel I am making head way in my faith, I am learning more about God and His ways. I am recapturing lost love and renewing old vows, while making new discoveries on how much impact I can have for God. My husband and I seem to understand more on what God would have us do in His Kingdom, though some areas still need light to be shed. The children are grasping the concept of a God we cannot see who is always present with us.
However, even with all these, I still find myself, wondering, will I ever achieve full understanding? I am doing so much better than most, but still my brow is creased and my mind is racing searching for answers. I guess as long as I am alive, I shall never fully understand. The secret I think lies in reaching a point where you make up your mind, that even if you do not understand, you do not mind. I don't have to know everything, I do not have to understand everything, I do not have to open any door or to make any allowances for anything that I cannot grasp. Simply because, as the cliche' goes, what you don't know won't hurt you. Quite literally, if God has kept it hidden from me, then I don't really need to know.
I have had two weeks or so to ponder and think about what life really is to me. I must admit, there are still many gaping holes, but I so love the fact that I have God to lean on. I think my Christianity is the ultimate crutch. This life is way too hard. I come to a place I feel I am where I want to be. I have a job that satisfies me, making decent money, living in a nice enough house for what I need, in a good enough neighbourhood for my station in life. I have material blessings.
Spiritually too, I feel I am making head way in my faith, I am learning more about God and His ways. I am recapturing lost love and renewing old vows, while making new discoveries on how much impact I can have for God. My husband and I seem to understand more on what God would have us do in His Kingdom, though some areas still need light to be shed. The children are grasping the concept of a God we cannot see who is always present with us.
However, even with all these, I still find myself, wondering, will I ever achieve full understanding? I am doing so much better than most, but still my brow is creased and my mind is racing searching for answers. I guess as long as I am alive, I shall never fully understand. The secret I think lies in reaching a point where you make up your mind, that even if you do not understand, you do not mind. I don't have to know everything, I do not have to understand everything, I do not have to open any door or to make any allowances for anything that I cannot grasp. Simply because, as the cliche' goes, what you don't know won't hurt you. Quite literally, if God has kept it hidden from me, then I don't really need to know.
Wednesday 6 April 2011
Ocampo 6 at the Hague, finally
The Ocampo 6 as they have come to be infamously known have finally gone off to The Hague to stand trial. I know the outcome may not be what most Kenyans expect, being a former magistrate, I know not all cases are cut and dry, and proving a case takes more than "everybody knows he did it!". Some may come out of the Hague smelling distinctly of lavender, whilst others may be stripped of their designer perfume to release the honk underneath.
Whatever the outcome, one thing I am grateful for is the genius given to Judge Waki in including the Hague option. True, as a dissenting opinion from the Pre-Trial Chamber pointed out, Kenya's case is not one that warrants the ICC, but the fact that it is there means Kenya's usual trial and error system will be spared the pressure of trying these ones. None of their kind have ever been found on the wrong here before, let us see if someone at the Hague will say what we Kenyans have been hoping to say all along.
"You just can't do this to someone and get away with it, you have to be held accountable."
"You may not have held the gun or the machete, but you spurred someone else on to do it, you are just as culpable."
"It doesn't matter that you have a flag on your car or that your dad was our founding father, answer the questions asked."
Finally, it is not "our people" being persecuted, it is individual names on charge sheets, in the dock. Whatever happens, how ever it ends, as far as I'm concerned, its ended here. Never again shall we go back. Now, Kenya's Judiciary needs to style up to be spared the shame of having someone else do a job that you are completely capable of doing. We do not doubt that you CAN do it, what we don't know is if you WILL do it, so its easier to outsource.
Ocampo 6 (and all your 40 bridesmaids who have nothing better than to come wipe your sniffing noses and your trembling hands) all the best. My prayer is that God's will for you will be done.
Whatever the outcome, one thing I am grateful for is the genius given to Judge Waki in including the Hague option. True, as a dissenting opinion from the Pre-Trial Chamber pointed out, Kenya's case is not one that warrants the ICC, but the fact that it is there means Kenya's usual trial and error system will be spared the pressure of trying these ones. None of their kind have ever been found on the wrong here before, let us see if someone at the Hague will say what we Kenyans have been hoping to say all along.
"You just can't do this to someone and get away with it, you have to be held accountable."
"You may not have held the gun or the machete, but you spurred someone else on to do it, you are just as culpable."
"It doesn't matter that you have a flag on your car or that your dad was our founding father, answer the questions asked."
Finally, it is not "our people" being persecuted, it is individual names on charge sheets, in the dock. Whatever happens, how ever it ends, as far as I'm concerned, its ended here. Never again shall we go back. Now, Kenya's Judiciary needs to style up to be spared the shame of having someone else do a job that you are completely capable of doing. We do not doubt that you CAN do it, what we don't know is if you WILL do it, so its easier to outsource.
Ocampo 6 (and all your 40 bridesmaids who have nothing better than to come wipe your sniffing noses and your trembling hands) all the best. My prayer is that God's will for you will be done.
Tuesday 5 April 2011
I am new here, but here we go!
Hello world!
I have always wanted to start blogging, and today I decided let me take the plunge! You know, in Swahili there is a saying, "Ushauyavulia maji, basi yaoge!" loosely translated means, once you have taken off your clothes intending to take a bath, you may as well go ahead and take a bath! Meaning to do a blog and actually doing one are two distinctly different things, and I'm glad after years of standing infront of the bathwater with my clothes off, I have finally taken the loofah and soaped it!
I am here, I am happy, I am blessed and I shall be seeing and saying more in the future. God bless everyone, and have a fabulous day!
I have always wanted to start blogging, and today I decided let me take the plunge! You know, in Swahili there is a saying, "Ushauyavulia maji, basi yaoge!" loosely translated means, once you have taken off your clothes intending to take a bath, you may as well go ahead and take a bath! Meaning to do a blog and actually doing one are two distinctly different things, and I'm glad after years of standing infront of the bathwater with my clothes off, I have finally taken the loofah and soaped it!
I am here, I am happy, I am blessed and I shall be seeing and saying more in the future. God bless everyone, and have a fabulous day!
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