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?

Arab Spring: After the momentum and the bounce where will North Africa rest?

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.

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

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?

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.

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.

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.

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 17^th 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 18^th 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 20^th 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 21^st 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.

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.

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.

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!

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!!

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!!)

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!

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