Kenyan Traffic Police make Darwin's Case For Natural Selection

Thursday the 1st of October 2012 was an early day, I was scheduled to pick my parents up from the airport.  They had arrived on the 6:30am flight, and I was the designated pick-uper for the day.  As I approached the turn off from Mombasa Road to the airport, an 18-wheeler truck was making a U-turn from the other side of the road.  Rather than use the acceleration lane, he came straight for the outer lane where I was.  Being the experienced driver I was, I knew at the speed at which both my vehicle and his were going, a collision was going to be inevitable.  If this was a vitz, I may have been minded to hazard a crash, but this is a road monster, I would have been stuck between the trailer's front and back set of wheels, and would certainly suffer injury or possible death.  I decided to swerve off the road.  Since there were pedestrians also walking along the road, I swerved further left to avoid hitting them.  I ended up in the ditch.  Turns out, the driver relied on the word of his intoxicated turn boy that the road was clear.  When he realised it was not, he still decided to proceed.  Had he slowed down, I would have passed him by easily.  Instead, he decided to put his foot down and try and out manouvre me. 

Now, the GSU officers manning that area (its in the flight path, so it is heavily secured) together with officers from the Kenya Wildlife Service, apprehended Mutinda, the driver of the truck registration number KAR 814 W and forced him to return to the scene of the accident.  I was not hurt at all, just a little shaken and irritated since I was going to be late in picking up my parents.  Anyway, cut a long story short, the truck owner, a man called Meshak, was called and instructed to M-Pesa some money to ensure my car is towed out of the ditch and that the damage, mainly scratches and a small dent, is repaired.  He agreed to do so.  After waiting in vain for his M-Pesa, we called the Traffic Police to come and do the paper work so we could go to the Police station.  Now this is where things get weird.

The traffic policeman PC Ntulele (or something like that, but he was force number 84651), comes to find us at the scene with the three GSU officers who have been keeping the driver under watch.  He says, according to him, it is the duty of the vehicle behind to avoid a collision with the vehicle ahead.  The GSU officers indicate the reason they held the driver was because his driving was so reckless, that he was a danger not just to me in the ditch, but to other motorists, and besides, his turn-boy was drunk and possibly under the influence of some narcortics.   Apparently, the Traffic Policeman had been on the scene two minutes when an emissary of the owner of the vehicle, who goes by the name Mutava, arrived and had a brief word with him.  No one had noticed this fellow's activities until then.  Anyway, it gets weirder, I assure you.

I insisted that the situation was not as the policeman had indicated and that I was not satisfied with his verdict of the situation.  He said we should go to the Police Station so his boss, the Embakasi DTO, Inspector Marigi, who can decide the way forward.  When we finally get there, the driver of the truck is no where to be seen, neither is the emissary of the owner of the vehicle, neither is the Constable who visited the scene.  I see the DTO (District Traffic Officer) and explain to him what happened.  He radios for the Constable to come who tries to make out how I landed in the ditch on my own and I'm trying to blame the poor helpless truck driver Mutinda for my carelessness.  The DTO tells him off for letting the Truck driver go and demands he be called back to answer charges of careless driving.  He also calls the owner of the vehicle and asks him to make an offer to me to see if we can settle the matter amicably or he issues me with an abstract to enable me to claim from his insurance.  

Twenty minutes later, Mutava arrives.  He goes straight a secluded corner just outside the DTO's office and leaves us standing there.  He makes a quick phone call, then he rejoins us.  We enter into the DTO's office.  When we get in, I could hardly believe my ears when this Inspector Marigi, with all the stickers of service and integrity pasted on his wall, started speaking total and utter nonsense!  He rambled on in this boring monologue of how no one leaves their house in the morning wanting to cause an accident and how I should thank God He spared my life.  Long and short of it was, as far as his mind could process, the worst offence the truck driver committed was causing me obstruction and that the fact that he ran me off the road was unfortunate but was not a traffic offence.  This with the new tougher traffic rules we have today!  He further indicated that the damage to my car was caused by my own issues and I should thank the truck driver for stopping.  I told the DTO to talk to the GSU officers who apprehended the driver, since I was in a ditch, I did not do it, and get an independent view of the same.  He said, he had considered all matters and was satisfied that I just preferred the ditch to the open road.

He flatly refused to give me an abstract saying if I insisted on one, he would issue one saying I caused my own accident.  I indicated even when one hits a dog on the road, the abstract says he hit a road, I insisted his abstract must indicated my ending up in a ditch was in an effort to avoid a collision with KAR 184 W.   The Inspector said he would do no such thing.  I then asked for a copy of the obstruction charge sheet so I could sue the truck driver and his employer in my own capacity.  He flatly refused, and indicated I should go to court if I wanted, court belonged to all Kenyans, but he would give me no copies whatsoever.  If I wanted, I should attend the arraignment and apply for copies of the Court File.  I realised at this point that my rage was a point where my words and actions would have left me in danger of hell's fire, so I left his office in a huff.

I called a Superintendent of Police based at the CID headquarters and had a word with him regarding the matter.  He indicated I should pursue it, since the force is keen on weeding out such Officers who give the force a bad name.  He said I could have a criminal file opened against the PC for investigation, and a complaint against the DTO for his complicit behaviour in this saga.  When I got home that evening, I realised, if I pursued it, it would consume my time and energy and quite frankly, I had no guarantee that the woeful pedigree displayed by the hapless officers in Embakasi Police Traffic Office was not generic in the force.  

That police constable and his Inspector just stood in the door of justice and refused me to go in.  I am a lawyer, a former Magistrate, quite honestly if I wanted to find a way to climb over them, I could.  But I chose to let it go.  What of an uneducated Kenyan?  What if I had suffered grave injuries?  What if it was a fatal accident?  Yet PC no. 84561 and Inspector Marigi are pleased that they were useful in helping that funny Meshak to leave an incompetent driver and a drunken turn boy with an 18-wheeler truck on the road, to wreak whatever havoc they can get up to.  This is why we need Police Reforms.  We cannot be decrying the death of thousands of Kenyans on our roads, yet have officers like these wearing the Crown.  We cannot have corruption being the currency, the language, and the norm in our Police Stations.  Having bumper stickers and posters on our walls and Police Service Charters will not eradicate corruption.  We have to get a new mindset.  If the current breed cannot change their minds, then they must be changed.  It is useless to purge the Judiciary and corruption is still endemic among other players in the criminal justice system.

I sent Meshak a text and in it I stated one simple truth, "Malipo ni papa hapa duniani."  What goes around, comes around.

Selah.

Forget the two thirds rule, lets split this 50-50!

A while back I wrote a blog post on an issue that is proving to be thorny. In case you missed it, read it here  http://joymdivo.blogspot.com/2011/06/one-third-two-thirds-what-is-difference.html.  The Constitution of Kenya 2010 in Article 81 introduced an interesting concept in this East African nation:  Gender Parity by Law.  This meant that society did not have the luxury of time in deciding to accept women as capable leaders.  They did not have the option of giving women a chance and seeing them prove themselves so that they can get another chance.  They were told, that from August 27th 2010 henceforth, no appointive or elective office shall be occupied by more than two thirds of the same gender.

When it comes to appointed posts, achieving this is easy since the appointing authority just has to remember their mathematics class on fractions and division.  However, elective posts are more tricky since they depend on the adult suffrage to make this decision, and not all of them are good mathematicians.  Therefore there is need a formula to ensure that even when the public do their math, it adds up to the principle of not more than two thirds of one gender being elected.  The members of the 10th parliament were so keen on consolidating their position that while they provided for mechanism to ensure this is achieved in the Senate and in the County Assemblies, they left the National Assembly open.

Chapter 8 of the Constitution establishes our Bi-Cameral House.  Article 97 sets out that we shall elect 290 MPs, 47 Women, 12 Special interest nominees and the Speaker.  This week a meeting between the Commissions responsible for implementing the Constitution as well as the Parliamentary Committee agreed on a "formula"  that we proceed as put in the constitution, and if we fail to make the numbers, then parties should be allowed to nominate more women to make up the difference.  The net result is that we have potential to have a lower House of more than 500 members.  This plan was rejected by Members of Parliament in their Speaker's Kamukunji, but the stalemate remains, what do we do about this?

My suggestion to get out of this quagmire is simply this.  The Independent Electoral and Boundaries Commission to scrap ALL constituencies.  If we will have Wards each with a Representative in the County Assembly, the bread and butter issues of the Citizens will be dealt with closer to home in the County Assembly.  Therefore the role of the Constituency is not as central as it was before.  Since Governors and Senators will be seeking mandate from the whole County, so too should Members of Parliament.  Each County therefore should produce one Male and one Female Member of Parliament, and we still retain the 12 special interest seats.  That way, not only is the Constitutional Provision preserved, we will have a House with a total of 107 members.  Not only can we better afford 107 members, as compared to 350 members the playing field will be levelled for all persons seeking elective posts, since they will have Countywide support.

Given the vast powers that the National Assembly will have, it is vital for the people going there to have the widest base possible as is with the Senators.  Each Party only has to nominate one man and one woman to go on the ballot, and each stand equal chance of being elected.  It is time for the Members of the 10th Parliament to wake up and smell the coffee.  We did not get rid of dictatorship by the President to swap it with dictatorship by Parliament.  We are not interested if some of them "lose" their seats since they are not theirs to keep, but ours to give to whom we please.  Time has come for them to put Kenya ahead of their own selfish interests and make the right decision for Kenya.  Let us go 50-50, one man one woman.  And save us some money in the process, we need to pay the teachers, and doctors, and nurses, and lecturers and civil servants.....

Lend your leg and join the world by saying NO MORE landmines

Lend your leg and join the world by saying NO MORE landmines: Joy Mdivo also lent his leg, Leg Number: 780 International day for mine awareness. On april 4 th lend your leg

The Gay Debate: Simply Different Strokes for Different Folks!

KTN has been airing a series titled "The Muffled Killer" an expose on the world of male prostitution in Kenya and an insight into the men having sex with men (MSM) society.  It has caused a real uproar in Kenya.  Here is a link to a clip, a part one, you can follow the trail if you want to see more http://www.youtube.com/watch?v=IDJkd7J3SBU.

Today society has a unique situation.  The world view is increasingly that the individual knows what is best for himself and his pursuit of happiness is supreme.  Human Rights now includes allowing this process to proceed unfettered, the qualification being "It does not hurt anyone else"

The extent of the hurt, is quite relative, since is it physiological, emotional, financial, where does it start, where does it end?

Many of the issues today being pushed as Human Rights are actually not human rights.  Human rights include those inalienable rights given to all of us, by God.  They are necessary for life and health and well being.  However, human rights have morphed to include even that which is not necessary for life, but is deemed crucial for living.  That is how Education, Culture, Religion come into the human rights stratosphere.  Once those became accepted, the realm was expanded further.  Pursuit of happiness, accumulation of wealth, self expression, protection of an individuals ideas and intellectual property, these too entered the realm of human rights.  Man has an inbuilt need to subdue, conquer and have dominion.  If you have a fight and win it, you start spoiling for the next one.  If you do not win, you still don't give up, until you have won.

Back to the issue at hand.  This whole "Gay Debate" stems from another primal desire:  It is the desire for acceptance that is at the core of every human being.  You see it when a child takes two steps then waits for you to cheer that they have done well.  It is a scientist waiting to be feted as an acknowledgement of years of hard work in a lab peering down microscopes.  Well, today we want to follow every rabbit trail thought in our heads and do whatever we put our minds to.  But that is not enough, we also want for others to look on our progress and hail it as admirable or at least, acceptable.  If they fail to do this, we feel "excluded" or "discriminated against", less than the rest of society.  Finally it boils down to this; is exclusion on the basis of behavioural differences really discrimination?  Or is it simply differences in taste, Different Strokes for Different Folks.

Let me give you a visual example.  To put it crudely, if you are at a table with a date who chews his food loudly and open mouthed.  Or you are sitting across a lovely lady at a high priced restaurant, and she sucks and slurps up her soup noisily and messily.  Some of you will have no problem with that, after-all, you may be a loud and open mouth chewer as well.  However, some of you will cringe at the very thought.  Whether there will be a second date, will depend on how you respond to this situation.  Are you a bad person because you are a loud, messy eater?  No.  Are you a bad person because the thought of "see food" in someone's else's "food processor" brings up everything you swallowed in the last 24hours?  No.  The solution in this instance is to find a date who will generally not leave you uncomfortable with how they chew their food.

Same scenario with social issues.  LGBT individuals express their sexuality in a way that is not usual for some of us.  I daresay if the only way to experience sexuality was in the manner in which LGBT people express it, some of us would choose to do without sex altogether and remain voluntarily celibate.  Simply because, it does not ring our bell, it is not our cup of tea.  In the same vein, the notion of rejecting the practise, cannot be held synonymous with rejecting the person.  I am personally a very affectionate individual, I make friends easily, laugh loudly and strike up conversations with perfect strangers several times a day.  I do not consider myself a homophobic individual, because even if you came out to me that you were a gay person, I probably would have an AC/DC joke about it.  However, I find the practise, very much not to my taste, and would not hesitate in pointing that out.  I would love to share all of life's experiences with a gay person, except sexual experiences.  That is one little English word, "Preference".

Now this is where the whole cookie crumbles.  The fact that I reject the practise and refuse to acknowledge it as a norm, makes those who live the lifestyle feel the rejection of the practise as being the rejection of them.  Separating the practise from the individual then becomes impossible, since offence has been taken by both sides.  I think this is where we all lost the plot.  The the pro-gay and anti-gay  movements, this is where the rubber meets the road.  Time has come for us to accept that we must agree to disagree.

Homosexuals should practise what they preach, be inclusive of the dissenting voices and leave this debate alone.  I say this because I have been subjected to seriously harsh judgements for expressing my opinion, to which I am as entitled as the people who believe I am wrong.  In Kenya today, I am in the majority with my opinion of same sex relations.  However, I am sure one day there will come a generation that will not mind so much, but this is not that generation.

Let me spin this top a little more.  Same sex marriages, that is a contradiction in terms.  How do you have the same sex and then you have a marriage?  Marriage is an institution, not a frame of mind.  It was established since the foundations of society, as between a man and a woman.  With the main aim not being companionship, but procreation.  Other same sex relations did exist, but not as marriage, but as just that, external adventures.  Many homosexuals in african society still maintain a home with a wife and children, and the homosexual relationship was recreational.   Women have sexual relations with other women but still have a Home.  There are women who even marry younger fertile women to have children for them.  A complex form of surrogacy, since the surrogate must source her own sperm donor sometimes but the children are considered the 'husband's'.  But I digress.  Even if you consider yourself monogamous in a homosexual relationship, what you have is not a marriage. It is loving companionship, it is deeply satisfying, but since procreation is impossible it is not a marriage.  Technology helps overcome this deficiency but left on its own, it is impossible to sort itself out.  Evolution notwithstanding.  If what people need is same tax benefits as married people, then clearly what we need to change is the tax laws, not the marriage laws.

My thinking leads me to think thus.  Time has come for us to grow up and get honest.  If you choose to live your life a certain way and I do not really like it, I should let you live your life uninhibited.  However, you also must stop expecting me to eventually come round and embrace it, it probably will never happen.  The old adage is actually true, "Live and Let Live".  All the labels we give each other create invisible walls that make it difficult for us to move forward.  Sometimes, the trick is in realising, that being immiscible is not a bad thing, in fact it may very well be the spice of life.

"You Lazy Intellectual African Scum!" ::::: "You called my lord?"

If you have not already done so, start by reading this:  http://mindofmalaka.wordpress.com/2012/01/18/you-lazy-intellectual-african-scum/.  Are you done?  Now, let us talk honestly.

I am grateful for this perspective, and I do contend, we cannot just call African Intellectuals lazy.  They do their thinking best, and it is up to government to fill in the gaps.  The shilling plummets, and it is because Banks are speculating.  People are dying of hunger and it becomes there is a famine, no mention of the new bumper harvests prior.  They blame the weather, violence, famine, disease, many excuses to help us explain why we are failing miserably.  However, one thing I want to point out, is that thinking in and of itself, clever papers does not translate to anything.  Many of the innovators who are credited with "discovering" or "creating" anything usually faced stiff opposition or despondency from their governments.  In fact, for most of them, it was after their passing that the full extent of their contributions were discovered and felt.

Move over to people like Henry Ford.  He had not the mind, but he had the business sense to put the mind to use.  A famous story is told of how top scholars of that day confronted him about his mass production of vehicles whilst knowing nothing of how the car runs.  The countered he was dabbling in something dangerous.  He replied he knew all he needed to know.  The panel shot questions at him "how does the combustion engine work" "what of the braking system" "can you explain about the process of ignition"  With each question, Mr. Ford would pick up his telephone and ask someone the same question and relay the answer to the panel, he could answer none of the questions asked, without help.  Exasperated, the panelists felt they had made their point, and as they rose to storm out. As they shuffled their papers and feet, Mr. Ford calmly pointed out, that he did not need to KNOW anything, as long as he had hired the people who DO know, to do the job, he was fine.  As they say, the rest is history.  Cars now are commonly mass produced everywhere, and he made his money.

What am I saying?  African Innovators and Intellectuals need each other, it is a symbiotic relationship, mutually beneficial.  Intellectual thinks, and the Innovator builds.  Add another group here called Investors.  If we use the money we already have in circulation, and help those with the ideas to find people with the skills to convert the ideas from blue print to reality, then we will have hit the jack pot.  What Government participation was involved in the innovation that is M-Pesa?  Time has come for us to stop hiding behind our excuses and own up.  Look at our education system, book smarts is given preference, nay, pre-eminence over the arts, talent and "blue collar skills".  The people who may not excel in book smarts but can do magic when given a screw driver and some wires, those are the guys we should be building up, with as much gusto as the guys who make up the formulae.

As a Kenyan intellectual, I stand guilty as charged in http://mindofmalaka.wordpress.com/2012/01/18/you-lazy-intellectual-african-scum/. I want my intellectual property protected.  I want for every thought, every contribution, I want the monetary value clearly spelled out, otherwise I am reluctant to get involved.  Sometimes I even hold off sharing a simple solution staring at me simply because I think my idea will be "stolen" and someone else will reap the whilrwind.  Infact I not only want it, I usually demand it, and very uncompromisingly so.  Our society now is very "Haki Yetu" oriented.  Haki Yetu means "Our Right!"and is usually accompanied by varying degrees of toddler temper tantrums displays, depending on the group chanting it in the street.

Time has come for us to put common good ahead of private gain.  We must protect our intellectual property, I agree, but can we move from only using the big money ideas to help our own families, and move to doing what we can wherever we can.  As we are doing this, then the one big money maker will land and sort out our money issues.  What happened to Job Satisfaction? Bragging Rights? Distinction and Recognition?

It seems, African Intellectuals, much like American Gangster Rappers, have fallen into the trap of "Get Rich or Die Trying"  Problem is quite literally, many are dying, as we are busy trying.

Let's make 2012 sing us a better song, 2011 was off-key!

Kenya has had one tragedy after another, there is no day that passes by without a new report of fatal road accidents, massive deaths from fires started at leaking fuel pipelines.  The latest has been the KCPE results fall out.  Children committing suicide because they have "failed" their end of primary school examinations.  Teachers who also do likewise, since they perceive they have failed as teachers.  Principals and teachers being chased away from schools with sticks and stones, irate parents shutting down schools.  I read in a local daily, that there was a suggestion to turn the worst performing school's facilities into a brick making business, since clearly it cannot be used as an institution of learning.

There is talk of changing the education system.  My opinion is, we must realise, when people feel the need to end their lives, it is very rarely because of one event.  Usually, the event is the final straw that breaks the camel's back.  The cost of living is so high, most of us are wound up as tight as a guitar string.  Many of the comforts we occasionally enjoyed have long been forgotten, and now even what we considered bare necessity, we have to do without.  Many families are down to one meal a day dinner.  Many now use charcoal because LPG and Electricity prices are unbelievable.  The festive season has just ended, characterised by high prices of everything, the fuel, the food, the fun, everything cost twice as much, and many did not bother to celebrate at all, they simply sat it out.

Add on top of this the threat from the Al Shabaab.  No fireworks, no street parties, because we could be bombed any time.  There are families that had Christmas without their daddies, because they are in Somalia in Operation Linda Nchi.  Now the year has begun, and we are all waiting to hear the decision from the Pre-Trial Chamber of the ICC on the fate of the "Ocampo 6" as they are now famously known.

This is an election year, parties are being formed every morning, and then there is the new Political Parties Act, (that is a whole topic on its own I tell you) that has changed the ball game completely.  Everyone is scrambling to hold party elections to remove politicians from office.  The politicians don't seem to get it, they cannot "own" or "run" parties legally anymore.  Their mistake my gain, since I belong to a newly registered party too, and all our ducks so far seem to be in a row.

We need to pray for this land.  We need a newness, a freshness, so that all we hope to achieve in the implementation of the Constitution as far as Institutional Strengthening is concerned, is actually achieved.  I voted No during the Referendum in 2010, but I have since realised, I had more interest in seeing real change than some so-called "Reformists"  who do things more out of personal gain and political expediency than real genuine love for this land.

This is the year folks, we sink or swim.  Unless we get fed up with all the man-made tragedies and disasters around us, we shall keep having the same issues plaguing us over and over again.  Let us take stock, stand up and be counted.

Welcome 2012! (2011 exit Stage Left)

Happy New Year Everyone,

I have really neglected writing for a while, mainly because towards the end of last year, my life became such a roller coaster that I wanted to get off the ride, but it was going too fast.  I have started this year by trying to de-clutter my life.  That is easier said than done, because everything I do is important, every commitment I make I have every intention of honouring, and I still want to be a wonderful mother, and a fit wife for Divins.  This makes the decisions that I have to make this year all the more difficult. "Should it stay or should it go?"

There's a very disturbing show on TV called "Hoarding, Buried Alive"  The programme follows the life of hoarders, who have the urge to acquire everything and throw out nothing, until their homes are as full and as dirty as the Dandora garbage dumping site.  Some collect new stuff, but most get the stuff from buying other people's junk.  Others take it a notch hire and don't clean at all, so the clutter is mixed with their own waste.  They literally bury themselves alive in their sub-urban homes.  Worst part is, they do it to themselves, they go for shopping, they spend all their life's savings on junk, they drive away family and friends, and die slowly in the cess pool of stuff accumulated.That show always amazes me, and saddens me.  Crazy, but makes for good television reality show, better than the Kardashians for sure! But I digress.

I do not have a problem of physically hoarding stuff, but I do have a problem with hoarding commitments.  I am swamped, but I still say "Yes" to requests to join this committee, become that trustee, look at this document for me, I have a case and I think only you can help me, can you pray with me?  On top of all I take on, I have guilt over friends who have been bereaved that I have not visited, others who have new babies, or recently got married (and I missed the wedding)  I have more guilt over stuff that I have done and not given my best, since I had no time to be thorough, or I had no more energy.  The cherry on the top is the family.  Whenever I walk through the door, mummy has to be on top of everything, and wifey knows how I like my dinner.

Don't get me wrong, this is not a whining post, there is a point in there somewhere (I promise!)  Point is, now that I have a new year, I have a chance to actually pass go, and collect $200 (hope you play monopoly) and maybe get me a get out of jail free card.  Instead of taking every single module in the order they are put out, I shall do one and skip one.  Masters will take me twice as long, but hey, what is the hurry?  I shall say "No" to any request that is being made.  Of what is already on my plate, I shall start trashing anything that increases aggravation, and reduces productivity.  However, the biggest change I will make, is people.  Anyone who does not add value to my life, or actually causes me stress is going.

I am 35 years old this year (so when my birthday rolls round, you now know).  Like Miguna Miguna famously said, I am not seeking acceptance, I am comfortable in my own skin, I have faith in my abilities, and in the favour bestowed upon me by God.  I do not need anyone to affirm me, yes, not even Divins.  I know my worth and my pedigree.  I have learned how to love and keep and how to let go.  I have seen what is really important in my life is my God and my family.  The rest  are details.

Yep, 2012 is MY year.  I had declared 2010 the year of Joy, but the Constitution review process, and run up to the August Referrendum made me rethink that position.  So this year I have decided to declare it the Year of Joy.  Not joy the feeling, but Joy, me, the person.  I shall take the whole year putting no one before me but God.  He is the only veto power.  Everybody else, get in line!

I know, I have cheated you out of a real post, but hey, I said it was my year, didn't I?  However, not too long now, I shall resume regular posts, because I have realised, posting on Joy's Musings is part of my emancipation.  Now, off to get me a cup of tea.  Happy New Year once again!! Make it Count, won't you?