THE REAL FACTS…AND A BEER.

“Never before has a generation recorded themselves  accomplishing so little.”- Anon.

Couple of seasons ago I wrote about how my friends were accusing me of being “so political” (whatever that means), and most recently one of my favorite humans has consistently branded my talk as”quite presidential”. See, I have a way of turning all conversations into political analysis sessions, unapologetically so. Goodness me, everything in our lives is affected by politics (fuel prices, food, religion..EVERYTHING!) so we might as well have this political conversation rolling, I bring the facts only, the beer comes later. So, shall we? 🙂

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“Loyalty to country ALWAYS. Loyalty to government, when it deserves it.” ― Mark Twain

Now, I’ve been rubbing shoulders with some of the key players in Kenyan political scene recently (thanks to my work and post graduate studies) and one thing I never miss a moment to bring up is Kenya’s downward spiral into a path of anarchy and an impending state of lawlessness. It is heart-wrenching to use the terms ‘anarchy’ and ‘lawlessness’ in reference to a country I love so dearly as the motherland..but I’ve never been the type to sweep the make-or-break affairs under the rug.

As a country, we are living in times where the rule of law is but a legal phrase left to the confines of our courts, law schools and as rich vocabulary left to the preserve of we the ones who seldom miss an opportunity to call ourselves “the learned friends”. The spirit of that very phrase is lost somewhere between impunity and the outright disregard for court orders by the very leaders we elected into office (starting from the presidency to the lower house). Our conversations are seldom objective and anyone seen to point out the misgivings is dismissed as”ethnic” or “hater”. The Odhiambo’s of Kenya defend the Onyango’s while the Mutua’s won’t let you  call out the Mutune’s on their B.S (excuse my French), and woe unto you should Kamau catch you “bad-mouthing” his friend Mwiraria.  As Sir John Dalberg-Acton noted, power tends to corrupt, and absolute power corrupts absolutely. This is our predicament here in Kenya – the cancer of corruption.  

Prior to 2007, Kenya was a country renown for her stability within the East and Central Africa, as not only a great tourist destination, but also a financial and communication hub. While the country continues to struggle to maintain her status with that regard, we must admit that we need to tame a few greedy forces in the political arena who will raze a country’s economy to her knees if we continue to watch in silence.

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“Leadership is a privilege to better the lives of others. It is not an opportunity to satisfy personal greed.” – (Former) President Mwai Kibaki.

Take for instance the numerous financial scandals (NYS scandal, The Youth Fund saga, ‘Chicken Gate’ scandal et al.), that have been reported within the Jubilee administration, the outright embezzlement of public funds… Myriads of cases, one too many tribunals and/commissions of inquiry and not a single person jailed!  Isn’t that the epitome of a failed leadership? Will we just sit back and watch? Isn’t that robbing our descendants of the luxury of a magnificent Kenya? If indeed the future is a loan from our children, is this how we service that loan – by stealing from within? If you and I stop being “so cool” that we can’t “dirt” ourselves with matters that make us uncomfortable, then maybe we can rescue ourselves from the wrath of a failed state in years to come. And it all starts with admitting two things: one, that indeed we have a crisis and two, that we need to get real and act immediately.

Speaking of leadership crisis, I had this talk with a group of youths and in my quest to find out if they all plan to vote come August, 2017, a good number blatantly expressed their lack for motivation to even cast a ballot. Some believe there’s no need to vote as they “know” the system is corrupt, others ‘see no point in choosing between two evils only to settle for the lesser of the two evils’, while others will vote and hope for the best. This kind of tone is the tone of despair.  Kenya, being a young democracy, experts note that her weak institutions—not inherent ethnic divisions—are at the root of the current political crisis. Something needs to be done and done now. “What can be done?”, you may ask. We need to create strong institutions. Yes, very strong institutions is what we need to establish, not keep rallying behind “strong men” with fat wallets and cheap talk for the poor unsuspecting common wananchi!

When our leaders could be toiling to put the country back on track, all I see is meaningless rallies. Rallies, really? Just yesterday the president and his deputy held this massive rally in Nakuru county to thank God  (*rolls eyes*) for getting the ICC yoke off their necks or is it shoulders? Excuse my forthrightness, but how is that a national issue?? No, really, how is an issue of two individuals a national issue? Let’s first understand that Kenya was NOT in trial, individuals who were accused long before assuming the positions of president and deputy president were. Now that this is clear, how is their victory with that regard a national affair? By all means, celebrate if you must with you family and friends, just don’t make it look like the world of me depended on it. On the other hand the opposition is seen to also rally a bit too much. Don’t get me wrong, but wouldn’t it be much better if we could have a strong opposition with less side shows and REAL ISSUES not forever countering what the ruling party says and/or does? Can we have the opposition being objective enough to bring checks and balances to the government? Counter an idea/action and even give/show a better way of doing things? Can the opposition condemn corruption regardless of whether it is a jubilee member or  CORD member accused? That is what true leadership entails – objectivity. I mean, the people of Kenya deserve so much more than side shows and petty politics!

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“Politics is the art of looking for trouble, finding it everywhere, diagnosing it incorrectly and applying the wrong remedies.” ― Groucho Marx

Now, that we (you and I) agree on the fact that we deserve so much better and more, why don’t you look past my name (which may give you a hint of my ethnic background), forget my gender even (I’m of the fairer sex, but what does it matter?), can you also forget my age (who knew age discrimination would still be an issue in the 21st century!) AND work towards a better Kenya? It starts with holding our leaders accountable, and it all begins with a choice in mind and a voter’s card in hand

Just like Abraham Lincoln, ‘I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crisis. The great point is to bring them the real facts, and beer’.Haha. Only difference is, the beer is allover the place while the facts remain corrupted.

 

 

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“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right.” ― Martin Luther King Jr.

Would such words have been uttered?

 “To be a man is precisely to be responsible. It is to feel shame at the sight of what seems to be unmerited misery. It is to take pride in a victory won by one’s comrades. It is to feel, when setting one’s stone, that one is contributing to the building of the world.”
― Antoine de Saint-Exupéry, Wind, Sand and Stars

In the end we will remember not the words of our enemies but the silence of our friends - Martin Luther King, Jr
In the end we will remember not the words of our enemies but the silence of our friends – Martin Luther King, Jr

““Defilement is a normal occurrence in this jurisdiction and I don’t see any compelling reason to detain him,’’ the lawyer told the court after prosecutor xxx xxx made an application for Mr yyy to be remanded at the Malindi Police Station for 14 days to allow completion of investigations.” I read those words just as reported by The Daily Nation (a Kenyan independent newspaper) and could literally feel my stomach twist in agonizing knots. A lawyer? Did a lawyer, in fact an advocate, utter those words in a court of law? Was he really referring to DEFILEMENT as a normal occurrence??  Was he slightly intoxicated? Sorry, I mean VERY drunk, maybe? Look, I’m not of the habit of creating a storm in the proverbial tea cup..no, not at all, but that certainly cut a little too deep to just overlook. So you will be kind enough to bear with me as I bleed through this article..I need to..I have to. Let me bleed for all mothers of the land, for my hurting sisters from another mother, for my unborn daughter(s) and their daughters’ daughters..let me bleed for the women of the land, let me bleed for myself.

I know there are quite a number of men and women who probably read those same words and did not notice anything remotely wrong about that statement. In fact, I am sure a man, a woman, somewhere in this country, somewhere in the world, saw that and wondered, “What on earth is wrong with these girls?”, “What was she wearing?”, “What was that small standard eight, 15 years old girl doing with a businessman even?”, “She took meat to the slaughterhouse. It’s her fault!”. If those are your thoughts, SHAME ON YOU!

See, ours is a patriarchal society that is naturally notorious for deciding FOR the fairer sex what we (of the female gender), can/can’t do, should/shouldn’t do or say or wear or even feel and so forth. Mark you, my beloved motherland is most likely the only country that has had persons accused of gang-rape given a punishment of slashing grass…yeah, believe you me you read that correct- slashing grass as punishment for rape, gang rape!! (Well, that was reversed only recently after human rights activists and lobbyists made a lot of necessary noise. Bless your souls!). Do you now understand why I can’t just let such a reckless remark go? It is because something is dangerously and fundamentally wrong with our legal and social frameworks and that needs changing. Your silence and my silence on matters such as these won’t bring about the change desired. We must learn to look at the future not as a gift from our ancestors, but rather as a loan from our descendants. We owe it unto the future generations to leave this world a better place. That is why we cannot afford to be so reckless and insensitive in both our words and actions.

However, I will be doing humanity an injustice should I go on a emotional rant on this platform and fail to inject some much needed sense into my words and for the world. As a young budding legal eagle, I have learned to never let go of an experience, good or bad, until I have gathered my lessons and tucked them safely into the very core of my being. The trick of not getting mired in the past  and missing out on the future lies solely in our ability to let go and move on but before we move on, here are some great lessons drawn from the very reckless words of a probably well-meaning lawyer:

1.) Corruption.

One George Bernanos, a French gentleman, in his book The Last Essays of George Bernanos (1955), Why Freedom?, noted: “The first sign of corruption in a society that is still alive is that the end justifies the means.” There you have it! Mr. Well-meaning lawyer, truly, meant no harm when he termed a grave crime as that of Defilement as a normal occurrence! Appalling and hurting as that might be, this learned friend’s sole purpose was to get his client out on bond pending further investigations. It is noteworthy that an accused person has the constitutional right to a fair hearing which includes the right to be presumed innocent until the contrary is proved; and his lawyer wanted to ensure that. Just that. While his intentions might have been pure, in fact noble,  his poor diction betrayed him and put him on the spot as a selfish, corrupt individual. You see, since we do not exist in isolation, this is just a subtle example of the many cases of corruption in our society. And if you think corruption is only when we are talking of the ‘big’ cases such as Anglo-leasing Scandal, the ‘chicken’ scandal etcetera, you are wrong! Corruption is when the ends justifies the means. It is simply when I will say/do whatever I may just to get stuff done without being mindful of the impact of my words/actions/omissions to the next person. That is corruption, and that needs uprooting from the soil of this land.

2.) Mindful Lawyering.

Quite frankly, it does look funny (to me) to even put those two words next to each other. LOL. I am not serious, but this in fact is no joking matter.  Lawyers? Mindful? Yes! Lawyers should and ought to be mindful. I am by now used to the name-calling and the lawyer-jokes that always get me laughing so hard. Check these out: Person A: “What do lawyers and a sperm have in common? ” Person B: “Both have but only one-in-a-million chance of turning out human.” Haha! Q: “What’s the difference between a lawyer and a leech?”
A:” After you die, a leech stops sucking your blood.” 🙂 I must admit these lawyer-jokes never get old, they never will! Quite frankly, I am happy and damn proud to be part of the legal fraternity. I cannot think of anywhere else I’d rather be. When it might be true that lawyers (most lawyers) lead a Jekyll-and-Hyde life, winning at all costs, working the margins, gaming the system, bending the rules, mastering the art of aggressive and creative lawyering and making lots of money, we, as lawyers, must not forget our true calling as professionals. We ought to ask ourselves, Are we making the world a better place or are we just content with making ourselves filthy rich? Are we noble guardians of the rule of law, fighting for justice in our jurisdictions, or are we just greedy parasites using the practice of the law to suck every single penny from the society like the said leeches on a dying man? The nobility of the legal fraternity must be fought for and upheld for it is lawyers who wrote the Declaration of Independence and the bill of rights. One Mark Gimenez, in his book The Color of Law, reminds us that those before us fought for civil rights, that we protect the poor and defend the innocent, free the oppressed. He goes further to say, “We lawyers are all that stands between freedom and oppression, right and wrong, innocence and guilt, life and death. And I am proud, damn proud, to be a lawyer…because lawyers do good!” Yes I, too, am proud, damn proud to be a lawyer, because lawyers do good. And this is the reason why my senior’s reckless words moved me to calling for mindful lawyering. The choice between being a good lawyer and just wanting to do well as a lawyer, is one that we all have to make every morning… It is a product of mindful lawyering to make the better decision, to be responsible for our words, actions & omissions and to let the love for humanity be the color of the law and the legal fraternity!

3.) Feminism

“The thing women have yet to learn is nobody gives you power. You just take it. ” ― Roseanne Barr
“The thing women have yet to learn is nobody gives you power. You just take it. ”
― Roseanne Barr

I don’t know what YOU understand by the term “feminism”. But to me, simply put, feminism  is the belief that both the female and male genders are entitled to equal opportunities and rights on social, economic, and political platforms. And that, in a nutshell, is equity (fairness)! No, I do not wish for men and women to be equal. That is the most absurd thing I have ever heard of. Men can never be equal to women or women to men. Why? Because we are different. Very different. But in appreciation of our diversities, we must have equal opportunities. I am a feminist, and you should be too! Chimamanda Ngozi Adichie said it best, “Some people ask:  “Why the word feminist? Why  not just say you are a believer in human rights, or something like that?’ Because that would be dishonest. Feminism is, of course, part of human rights in general – but to choose to use the vague expression human rights is to deny the specific and particular problem of gender. It would be a way of pretending that it was not women who have, for centuries, been excluded. It would be a way of denying that the problem of gender targets women. That the problem was not about being human, but specifically about being a female human. For centuries, the word divided human beings into groups and went ahead to oppress one group. It is only fair that the solution to the problem acknowledge that.” Until we all become feminist and stop normalizing wrongful acts done to our girls/women, the society will never change. Until we accept that the female gender is just as worthy as the male gender, and stop socializing the male child to grow thinking he is a better, more valuable child with entitlements over the female child and her body, we will keep talking of rape and defilement cases..until we teach the male child, from a tender age to RESPECT the female child! And stop socializing the girl-child to cater to the fragile egos of the male child.The much desired change will not be realized until we all embrace positive feminism and become feminists. And to you daughter of the land, as a girl you never have to dim your shine for the fear that you might intimidate a man, let him wear sunglasses should the glare of your shine be too much for his eyes to bear. But while at the “altar of girl-power”, dear daughter of the land, remember to master the art of combining feminine glamour with professional power, business ambition with personal value, and confidence with heart; for that is the real stunner stuff that makes a woman a force to reckon with. Dear sister, stay gentle.

 Lastly, here are my questions: would the case of a 16 years old girl gang raped and left abandoned unconscious have been handled a lot more differently were the victim of the crime of the male gender? Would anyone dare term the crime of defilement as a normal occurrence despite its being rampant in the area? If the victim was a 15 years old boy, would he have said that? Tell me, were it a boy, would such words have been uttered?

“We say to girls: You can have ambition, but not too much. You should aim to be successful but not too successful, otherwise you will threaten the man. If you are the breadwinner in your relationship with a man, pretend that you are not, especially in public, otherwise you will emasculate him.” -Chimamanda Ngozi Adichie