For our mother’s sake

Live not beneath the illusion of the sun,

Behold the fullness of the moon, the uniformity of the night

Really?

I love the glare the sun sets upon my eyes,

For that glare is reproduced to illuminate my path in the night

What glare?

Do you mean the blindness set upon your eyes by your naked stare upon the sun

Do you mean the squinted look developed by looking too closely in the dark

Close, but not close enough…

For your identity, you do not know…mumbling…..

State/nationality…escapism!

Steer clear of that hard-burnt river,

Soaking the power of your eyes in a hot flame of deception

Flee that clear edged ridge,

Vast with no valleys within the reach of the strength of your eyes.

Did you say Oaria…did you say Karia…. did you say Makhia….

Do you mean these be your names

Which valley? which land? which food?

Maize?, fish? Sugarcane?

Give me the dark…give me a clue..for the blade of my metal..

That which soaks in the hard burnt river needs to glow

Stare, stare at the identity of your name,

At its valley of origin, the food of your ancestors, the trade of your people

No..that cannot be..it cannot be.

Undefined? Boundless?

You cannot be without root..

It cannot be that you say Kenya.

It cannot be

Where? Call your mother..no..she cannot know…

she should not know

Call your father..missing?

Call your grandfather…., freedom?

Anyone..ask your mother….. then

For we have no option but to ask..her…in order to know

Blind, but she stares at the sun and I see the boundless circle around her eyes

Dumb, but I see the smile on her lips

Paralysed, but with her shaky fingers she rounds a circle

Fullness, whole, complete, de-fragmented

I know,

The identity is Kenya.

One Nation, One People.

She sees me, she speaks to me, she feels me

I think her blind, I think her dumb, I think her paralysed

I am her blindness

I am her lost speech

I am her paralysis

But I stare, harder

I listen, harder

I feel, with my heart

I hear her voice, I see through her vision, I feel, through her touch

I know, I want nothing to do with that metal, soaked in the hard-burnt river

For my mother’s voice speaks, for her nerves feel, her ears hear

And I know, you are my brother, I can do you no harm

For our mother’s sake

Lost in "So long a letter"

Mariama Ba, the great Senegalese writer in her books, “ so long a letter” and “the scarlet song” focuses majorly on the plight of women, their place in society, love, life, politics, friendships, career and in marriage.

Her main character Ramatoulaye in so long a letter is in a polygamous marriage, with a co-wife who is the age of her daughter. She suffers the loss of a husband and endures the ridicule of society who visit her home after his death in the spirit of togetherness. During this period of mourning, she is allowed to wash on Fridays and wear the accepted mourning regalia for the rest of the week. Despite the fact that she is a 'modern' woman, she is unable to escape the traditions or avoid the critical eye of the society. Ramatoulaye recalls her dedication to her husband, thirty years of marriage and twelve births. Yet when the opportunity arises, her husband blinks not an eye at the opportunity to marry a much younger wife and squander their hard earned money on her. Rama, looks on. She does not protest.

Her best friend Aissatou protests the possibility of a co-wife and leaves her husband. With a steel will to succeed, she takes her sons and leaves Mawdo, her husband. Mariama Ba, shows, in her epistolary novel, two parallel decisions, made by women who are so alike and who are in similar circumstances. One choses the path of domination. The other of independence. 

Meddling in-laws, cause Mawdo to marry a younger wife. Mawdo's mother, believing herself to descend from a royal clan cannot stand her son's marriage to a blacksmith's daughter (Aissatou). She sets out on her own and grooms her own choice, from her own lineage, to take Aissatou's place and restore favour to the family. Mawdo, accepts, not out of love, but out of deference to his mother and his community. The girl he marries becomes a lamb slaughtered at the altar of affluence. Rama fails to understand how a man like Mawdo swears his love for his wife Aissatou, yet every year, his younger wife's womb fills up with a child. She does not understand this complexity in men. To claim love for one and sleep with another to fulfill honour, to bow to society to gain respect.

Rama worries about a society that cares too much of family and does too little to keep it safe and sanctified. She writes to Aissatou;

“The success of the family is born of a couple's harmony, as the harmony of multiple instruments creates a pleasant symphony. The nation is made up of all the families, rich or poor, united or separated, aware or unaware. The success of a nation therefore depends inevitably on the family”.

Her daughter, Aissatou's namesake gets pregnant. She sees the pain of the little girl, holds her and swears as a mother to protect her. Mariama Ba in Rama's letter takes us into the world of a school going boy, who is the father to the unborn child. He swears to stick to his unborn baby's mother. Suddenly, he understands more about his girlfriend than her own mother. This revelation adds to the characters in life and the unique personalities of men, who are largely portrayed as the traitors in relationships but in this young girl's life, the man takes part in her battle, becomes her victor and her strength to go through her pregnancy.

Rama's eldest daughter disengages with the father and does not know how to treat him. Her husband is another supportive character in this book. But she is too aggressive and outgoing. Her mother worries that this trait may come to do her harm. Alas! it saves the day.

This book delves into the harsh realities of every day life. Love, relationships, betrayal, death and family. In-laws who do not think you are good enough. A society that calls for docility in women, a virtue that is taught by Mawdo's mother to Mawdo's younger wife. Strength in a woman's character is spat upon. Women are born to support their husbands, not themselves is what the society in this book advocates. It also takes us into the lives of women who are liberated but who, like Rama, make harsh decisions to keep intact the institution of marriage. A belief too deeply etched it cannot make sense to a woman as strong as Rama. Her strength as a working mother and her struggle as a single parent, born of desertion by her husband reflects the lives of most women in a society foolish enough to disregard its women.

She touches a little on parliament and calls it the “house of men”.....it shows the disparities. Rama declines the hand of a member of parliament, her first boyfriend in her youth, on the account of his wife. She declines to allow his wife feel her pain of polygamy. She refuses to marry for duty. She still believes in love. She reveals that she stayed with Modou, the husband who deserted her, for love. She indicates that “love is the flavour of life, and that the salt of life is also love”. Love pushes her to stay in a polygamous marriage, to honour her husband in life and in death. Love also makes her suffer. But that she has hope within her, is how she concludes.

Mariama Ba, in her brilliant epistolary style of narration, meaning that the entire narration is through a letter, also connects the depths of friendship. Disconnected by the fastness of life, and still supporting each other through thick situations. Aissatou and Rama are of one blood through friendship. Rama notes that; “friendship has splendours that love knows not. It grows stronger when crossed whereas obstacles kill love. Friendship resists time, which wearies & severe couples. It has heights to unknown love”.

This novel does not speak of any one society. It speaks, in various contexts, of the plight of women in all societies. It moves beyond the blue skies of Senegal into the green horizons of Kenya. It connects experiences in a beautiful way. It speaks to those who have shared a husband or a boyfriend with another woman, those who have been rejected by their in-laws before being given a chance, those who are used by men to satisfy their need to feel younger, those who got pregnant at a time other than their intended and made it through, those lost in traditions that take them 1000 years back, those who have friends who give them splendor, those who use charms to fight the straying traits in their men, those who are aggressive but forced to hold their thoughts for fear of single-hood and castigation, those in marriages that do not work but stay on...perhaps for love.., those who, at the end of their time will lament, “ I have lived, so long a life!”. It is harsh. But it is real.

“How many modern women have suffered in silence without daring to acknowledge to themselves the regret of having never lived these moments? Like me! To have come from a place, to have grown in that place, and not having gone through the rituals and practices such as the ascending values which govern a whole life or a whole death ” pg 75-76.

This book is a MUST read....buy a copy, be the first to write your own summary on http://vowinitiative.org/ and I shall send you a copy of her next book, “Scarlet Song”

A TRAIN-ed Attitude

Professor Ngugi wa Thiong’o in his childhood memoir, “Dreams in a time of war” recounts the railway line as a phenomenon, a journey by train being the only thing that almost challenged his commitment to school.

I remember the first time I saw a train. Behind the lower field of Nyandarua High School in a small town called Rurii. Traversing the land of a mzee called Gachomba, leading to a place called Pasenga on the other side. My brother in his characteristic several steps ahead of me, had already crossed the railway and was waiting on the other side.  As I was about to cross, I saw a mole lying across the railway line. ‘The train is coming” shouted P, my brother.  I could not cross to the other side. I wanted to run back home, but I so wanted to see this marvel described by P ever so passionately. P, who was also my playmate growing up, had taken me to the railway line to witness the marvel of the train. He could tell that the train was about by putting his ears to the rails and listening for sound. But I could not move past the dead mole. He crossed over. Despite the constant warnings he had heard, that the rail had magnetic forces, created by the approach of the train which could glue a child to the railway line. I am guessing it was an adults’ way of keeping children away from the rail. With the train within a visible distance now, he picked me up and carried me across. This recollection came to me in November last year while taking the train home from work together with my friend Rachael. If you like, Rakeri..;-).

Those who have been to Nairobi know the horrors of traffic. I had accustomed myself to the pains by always having two or three unread books in my bag, if only to kill the frustration of two hours on the road covering a distance of less than 11 km from town to where I live. Then I discovered the train. My first reaction was..nooo!!!  way too crowded and unsafe for me. I am dressed in a suit for crying out loud. They are gonna tell I am from another planet…(really???!!, this is me getting embarrassed at the admission of my totally unfounded, egotistic and silly thoughts, they? they? ). I reversed my attitude. I decided to take the train home. We left the main railway station at 5:45 pm, the fixed departure time for the Kikuyu bound commuter train and by 6:20 pm, I was home.

On my first day, I was drawn into a political debate by some young men who, before luring me into the discussion gave up their seats for us. Later, I would have different gentlemen offer me their seats. Sometimes, I declined, particularly to those who offered 3-4 different times/days. One day, I returned the favour, to the astonishment of most of the people around. My offer was declined, politely. For the first time, I felt challenged by these young men's eloquent and level-headed political expressions. Rachael, who sometimes pretends not to know me when I demand to know why there are different entry points for men and women in a supermarket or when I just get blunt about politics to people taking the tribal political reasoning, was smiling all the way home. Later, she said to me, albeit sarcastically, “see, you belong in the train.” She was right; it had taken no more than 35 minutes to get home. I wasn’t feeling tired and moody as I would previously from all the hours spent in traffic. I had developed a TRAIN-ed attitude. 

This may sound bizarre to some reading this post, but transport by train in Kenya is seen as a preserve of the have-nots. The educated, suited, high-heeled, pointed shoe, I-pad carrying office ranking Kenyans prefer to drive themselves to work or take public road transport or taxis. The government late last year opened up the Syokimau Railway Station and unveiled the Syokimau commuter train to ply between Syokimau and town at a cost of Kshs. 200 per day on a return ticket. I pay Kshs. 35 shillings single way, Kshs.70 (less than a dollar) for a round trip. Now you can tell which train is meant for who.  On the Kikuyu bound train, which I use, half of the commuters alight at Kibera. Only a handful of us proceed further on. Most Ngong Road residents prefer to pay Kshs. 150 (one way) bus fare, plus 2-3 hours in traffic depending on the hour rather than take the train. Reason? Attitude.

Winston Churchill said that attitude is a little thing that makes a big difference. I have lived the truth of his wisdom. I save money, I save time and I preserve my energy for a productive day at work. However, a lot of Kenyans waste approximately four hours of their productive lives everyday sitting idle in traffic or having an attitude negative enough to dismiss the idea of commuting by train. Even one that was last replaced 80 years ago, like the one I use. 

The Kenyan railway line started in Kilindini Mombasa in 1986 and reached Kisumu in 1901 through the Kenyan heartland. The railway line gave rise to the native worker who took to residing in towns near railway stations. Devoid of land from which they would grow crops for sale, the railway line became their land. 

 

The railway line on my route cuts through Nyayo Stadium, the rear Madaraka Estate, Kibera, Dagoretti, Satellite and onto Kikuyu. I have made several observations since I started using it. That it is the line that divides the Kibera slums and the middle class estates. When Kibera residents are protesting against the government, they start by trying to ‘uproot’ the railway line. They see it as the line that marks the transition from poverty to wealth. Speaking to Pauline Wanja, founder of “Living in a Shanty Town”, L.I.S.T and an internationally reknown activist about this observation, she confirms it. The railway line first saw the native Africans gain work, by building it and using it for trade. It also saw a lot of them oppressed by the colonisers. The train had three category compartments; the first for Europeans and white folks, the second for Asians and the third for Africans. It was an outright divide, making Africans aware of their inferiority in their own land. History is defined by a single dusk. Each dusking day sets its history and for Kibera residents, the history of this divide is not signified by the compartmentarisation of the train, but by the apparent difference of life on either side of the railway line. 

Kenya may not have a state of the art railway transport. We will get there. But we have trains that ply our routes morning and evening. We do not have to sit in traffic for long hours, especially if living on a route that has a commuter train however unfashionable. The experience draws me closer to the realities of my fellow countrymen. Passing through Kibera everyday gives me a reason to put a lot more effort in my daily work. Not merely to make money but to ensure everybody, even the poor can access justice. I now understand the true import of the term “Wanjiku.” I can afford a car, but I choose not to use one, alone on the driver’s seat, leaving a trail of so many people waiting for transportation by the roadside. Car-pooling is a ‘funny sounding’ concept in our beloved republic.  I choose to jump over this mole of attitude and share the train with so many others. I have not be robbed, I have not been assaulted. I have been treated with dignity and accorded the feminine regard men like to offer women. I have tried reciprocating it ;-). I have been empowered and I have taken the chance to preach peace and tolerance. I have made new friends. Something I never got to do sitting in endless traffic. People I know by name, who I would otherwise never have met, couched down in a bus buried in my books. I am new. I am TRAIN-ed.

By sharing the train with so many others and reducing the number of single person automobiles on the road, I am also reducing my ecological footprint and I am proud of it.

Understanding the Supreme Court's Advisory Opinion on the gender principle; A reader's summary

In the Matter of the Advisory Opinion on the Principle of Gender Representation in the National Assembly and the Senate and in the Matter of the Attorney General (on behalf of the Government) as the Applicant

READER'S SUMMARY

The following explanatory note is provided to assist persons looking to understand this case in a summarised way. It is not binding on the Supreme Court or any member of the Court. Any mistakes made in putting up this summary are the blogger's own and in no way the Court's.

Background

The Attorney General on behalf of the government of Kenya sought an Advisory Opinion from the Supreme Court of Kenya through a reference dated 8th October 2012 on two matters. First, whether Article 81(b) as read with Article 27 (4), 27(6), 27(8), Article 96, Article 97, Article 98, Article 177 (1)(b), Article 116 and Article 125 of the Constitution requires progressive realisation of the enforcement of the one third gender rule or if it requires the same to be implemented during the general elections scheduled for 4th March 2013. Secondly, whether an unsuccessful candidate in the first round of presidential election under Article 136 of the Constitution or any other person is entitled to petition the Supreme Court to challenge the outcome of the first round of the said election under Article 140 or any other provision of the Constitution

The Attorney General represented by the Deputy Solicitor General, Ms. Muthoni Kimani and the amici curiae (friends of the court) represented by, Mr Mwenesi (CMD), Mr Arwa (CIC) , Ms Thongori/Mr Ongoya (CREAW and allied organisations), Mr Nderitu/Mr Chigiti (KHRC &FIDA-Kenya), Mr. Korir (Katiba Institute), Mr. Nyamodi (IEBC), Mr Nyaoga (NGEC), Mr. Amollo (CAJ), Mr. Kibe Mungai (ICCRG) and Mr. Charles Kanjama were all present in court.

The Ruling by the Majority

In a detailed ruling of the majority read by the Hon Justice (Prof) J.B Ojwang, the court started off by noting that the Attorney General approached the court with a matter touching on electoral issues which concerned county governments. In asserting the need for the court to render advisory opinions, the court stated that the role of the Supreme Court as a general advisor of the government is an important mandate particularly when sought by the Attorney General. That the Court operating in the regime of a concise, public welfare oriented Constitution was open to rendering advice to settle legal uncertainties in the process of progressing the rule of law. The court stressed that in consonance with its precise Advisory Opinion in the Matter of IEBC, the advice being sought concerned County Governments. In the fabric of the progressive Constitution, the system of devolution posses issues of structural management and governance. Hence the essence of the Constitution donating discretionary powers to the Supreme Court to render advisory opinions in matters concerning County Governments.

In setting the ground for its ruling, the Court reiterated the parties submissions. Notably, the parties were divided into three classes;those who were urging that the gender principle is to be implemented immediately, those of the opinion that the Principle should be progressively realised (the implication being, that the principle under Article 81(b) should not be implemented in the forthcoming general elections). Those of the opinion that the principle could be achieved immediately or in two election cycles. As a matter of mention, there were also those who were neutral  such as the IEBC and had stated that they would conscientiously follow the direction of the Supreme Court.

The Court also noted the concern of the Attorney General and the parties with regard to the application of the provisions of Article 81 (b) of the Constitution. The Court observed that it was a concern that should the electorate not elect women to Parliament, this Article would be pierced and the only way to balance the representation in Parliament to meet the provisions of Article 81(b) was by way of nominations. The Court however noted that this be as it may, nominations would increase the composition of the National Assembly to a number beyond that provided by the Constitution. A move that would be untenable under the Constitution of Kenya 2010.

The Court stated that it was conscious of the social imperfections that led to the adoption of Article 81 (b) of the Constitution. That the inclusion of this Article in the Constitution was driven by unequal participation of women in public and political affairs. This dismal participation of women was referred to by Lawyer Judy Thongori, as the “socialisation of Patriarchy”. In reaching its decision, the court referred to various Human Rights Instruments to which Kenya is a party such as the UNDHR, ICCPR, ICESCR and CEDAW. In carefully examining the questions posed by the legal adviser to the Government, the Court noted that the Constitution of Kenya draws inspiration from these Human Rights Instruments. Particularly in the use of the term, progressive realisation which is used in various Articles in the Constitution.

Against this backdrop, the court referred to the Constitutional quotas of gender representation. In analysing the composition of the Judicial Service Commission (JSC) as established under Article 171 of the Constitution, the court highlighted the immediacy of the realisation of the gender principle as far as the membership of the JSC is concerned. The court noted that the Constitution clearly secures the representation of three women in the JSC. The minimum of three must be attained immediately. However, the attainment of four in light of Article 27 (8) of the Constitution, would be progressive and dependent on the State's further action. In giving this example the Court noted that the three secured positions fall short of the two-thirds to one-third principle since the full membership of the JSC rests at eleven. However the presence of four women out of 11 fulfills this principle.  

The court was of the view that the realisation of the rights under Article 27 (6) and (8) could only be fully realised using legislative as well as other measures but over a spaced period of time and by means of positive and good-faith exercise of governance discretion. That the realization of these rights cannot merely be attained by legislation but by policy and other measures. The court ruled that Article 81(b) bears a broad principle and not a right. It is a statement of aspiration: that wherever and whenever elections  are held, the Kenyan people expect to see mixed gender.  The Chapter in which Article 81 appears bears the title “representation of the people”. Moreover, it concerns elective public bodies. In the Court's opinion, public elective bodies is not confined to just the National Assembly, Senate or County Government but to any public body in Kenya that holds some form of elections in its representation. Therefore, in its conclusion, Article 81 (b) cannot be attained immediately. The same cannot be applicable to the March 2013 General elections.

When shall the principle be applicable?

In light of Article 20 of the Constitution, the Court saw it fit to put the principle on the path of maturation. Bearing in mind the provisions of Article 100 of the Constitution, legislative measures giving effect to this Article should be taken by the 27th August 2015 by dint of the Fifth Schedule to the Constitution.

The Court in settling a concern raised by the parties in their arguments regarding the veering of the court into matters set apart for the Executive asserted that it was in no way interfering with the powers of the Executive.

The dissenting opinion

The Chief Justice, Dr. Willy Mutunga, in a dissenting opinion stated that the Constitution was wholesome in its provisions and no prescriptions other than those provided in the Constitution were necessary. The Chief Justice noted that Kenya now prides itself with the most progressive Constitution in the world with a robust Bill of Rights . The Chief Justice asserted that the Supreme Court must remain the exemplary custodian of the Constitution bearing the embodiment of the aspirations of the Kenyan people. He noted that the operation of the Supreme Court was to cultivate indigenous jurisprudence in progressing the rights of the Kenyan people. The Chief Justice was of the opinion that the Supreme Court has the mandate to develop the Constitution and the law to suit the needs of the Kenyan People. He added that in interpreting the Constitution, the Court needed to take a purposive approach without merely relying on the jurisprudence developed by other jurisdictions. Noting however to learn from the experiences in other jurisdictions such as Canada and South Africa. This is what is meant by indigenous jurisprudence.

The Chief Justice cautioned the constitution will present the courts with inconsistencies, grey areas, contradictions, vagueness, bad grammar and syntax, legal jargon, all hallmarks of a negotiated document that took decades to complete. That it reflects contested terrains, vested interested that are sought to be harmonized, and a status quo to be mitigated.He however stated that the Constitution provides formulas of unraveling any legal contradictions and conundrum.

The Chief Justice asserted that the disenfranchisement of Kenyan Women in the political arena is a form of discrimination that ashamedly started with the birth of Kenya as a Nation State. He pointed out the fact that there was not a single female MP in the first Legislature in the year 1963. He cited CEDAW as a call to governments to put a stop to this discrimination. He cited that the percentages of female representation in the Kenyan parliament had been dismally improving with 4.1% in 1997, 8.1% in 2002 and 9.8% in 2007. He noted that this must have been a motivation for women in voting for the new Constitution through a referendum in the year 2010. 

He noted that Kenya as an anchor state in Eastern and Horn of Africa would be demean its status and that of its Parliament if the patriotic duty of guaranteeing gender equity and equality was not seen in the region as one of its priorities. The Chief Justice noted that arguing that this two thirds principle is progressive flies in the face of the will of Kenyans in voting for the Constitution of Kenya 2010 and that it was undeniable that Kenyan Women have continuously and consistently struggled for their equity and equality in all spheres of life. Indeed the Chief Justice agreed with Katiba Institute in stating that this principle was a minimum and the aim would be to get to a 50:50 par between men and women. That equality in Article 81 (b) and Article 27 connotes societal equality and not the traditional equality before the law.

In conclusion, he remarked that Parliament by its silence cannot deprive the women of this country their Constitutional right to equality in all spheres. The Chief Justice observed that Parliament ought to legislate here and now to secure the rights of Kenyan women and therefore tenable in the general elections of March 2013.

Settling disputes relating to the first round of the presidential elections

The court unanimously ruled that, there is a lacuna in the Constitution regarding the settlement of disputes relating to the elections of the President after the first round of elections. Before legislative provisions to cover this lacuna are enacted, the Court held that it is its duty to provide a solution. The election of the President is a process. Article 140(1) of the Constitution provides for settlement of disputes only after there is a President-elect and not within the process leading to the attainment of a President-elect.

The contest after the first round of elections is limited to only two people according to Article 138 of the Constitution. The Court noted that the framers of the Constitution could not have intended that the Supreme Court only handles matters arising after the administrative pronouncement of the final results of an election yielding a President-elect. The Court posed the question whether it would be tenable to hold the second round of elections within 30 days after the first round of elections? The court in applying a purposive approach held that 30 days, in this instance, should be taken to mean 30 days after all the disputes regarding the first round of presidential elections have been settled. The court therefore held that it has jurisdiction to hear disputes relating to the first round of Presidential elections under the Constitution.

                                                *************************

Summary by Rose Wachuka Macharia-Edited by Prisca Muriuki-Ndung'u and Loise W. Ndung'u.

Public Transport; Matatus and the Rule of Law

The Matatu Industry is the informal Paratransit industry in Kenya that provides services to millions of people everyday. A major raison d’être for public transport is to relieve congestion. This is however not so with the matatu situation in Nairobi. One of the staggering challenges facing Nairobi is the increasing population hence the increasing demand for transport services. Rapid urbanisation, high operational costs and the crumbling infrastructure has resulted in depleted public transportation services, leaving a service void in urban transport systems. The Matatu industry in Kenya reflects the environment of the city in which it operates; chaotic!

The History

The use of Matatus in Kenya started in the early 1950’s. After Kenya gained independence in 1963 there was a major rural-urban migration in search of employment. The people then were too poor to afford daily transport to and from the cities prompting mini-bus taxis to start offering this service at a cost. They gradually increased due to the lucrative nature of the business and continued increase in urban population. The matatu industry however started off as a pirate. It was an illegal commercial entity. In 1973, Kenya’s founding president, Jomo Kenyatta issued a decree recognising Matatus as a legal form of transport. Initially, they were operating on an illegal basis. Even so, they did not require a Transport Licensing Board (TLB) and Public Service Vehicle (PSV) licensing. According to Kenyatta, they were a blessing to the Kenyan economy as they created jobs and the matatu operators were hardworking Kenyans who contributed to the growth of a young republic. Later, the exchequer discovered the millions that lay in the industry in terms of revenue and introduced the PSV Licensing.

Culture

source:thingsseenandheard.wordpress.com 

Matatus form part of Kenya’s rich cultural fabric. Recently, matatus have become a mobile narrative of the news in this country. What is sprayed onto these minibuses represents the political atmosphere in the county and international occurrences (seemingly of importance to Kenya) from the election of Barack Obama, the Kenya mediation efforts by Kofi Annan in the year 2007, the ICC Prosecutions (Moreno Ocampo), KDF fight against terrorism, piracy on the Kenyan Coast and on the High Seas and so on. This is actually something I appreciate about the culture in the industry. It creates awareness. Its a form of communication device. Its only kind in the world and Kenyan to boot.

Failure of the industry

The matatu industry fails because of lack of political will to streamline the same.. Several entities see this as a ripe path to foster their political intentions. During the pre-multiparty era, matatu operators were the first to greet each other with two fingers symbolising that it was time to embrace two or more parties instead of one party. Thousands of people are operating matatus independently and competing against each other. Technically, this industry has become a monopoly. There is an array of persons and institutions that are associated with the matatu industry. This has led to a complex political, social and economic web resulting in conflicts in the transport sector. Many politicians are currently absentee matatu owners hence the non political will to reform the industry. The police sector is known to cause havoc with their unending quest for “kitu kidogo”. The current state of Kenyan roads adds to the inefficiency of matatus. Potholes and sewerage pipe bursts are among the many inconveniences on our roads today.

Matatu overlapping and reckless driving also adds to the agony of most Kenyans. The matatu industry is also open and a lot of idle youth loiter around matatu terminus creating crime avenues, drug hubs, commotion and pose as a menace to most commuters. The Mungiki control of the matatu industry also poses an imminent danger to the progress of the industry. The police sector has miserably failed in their “Utumishi kwa wote” (service to the people) mantra which has resulted into “udunishi wa watu” (oppression of the people) corruption has continued to be their main agenda neglecting the values they were taught at Kiganjo. This sector needs serious reform before we can even pretend to get concerned about the matatu menace.

The Traffic (Amendment) Act, 2012

I took a Matatu on Saturday, decided to sit next to the driver and ask him a few questions. Here is how the conversation went:

Me: Why are you resisting the Traffic Amendment Act?

Driver: There are overlapping clauses in the Act, for example, obstruction is punishable by a fine of Kshs. 100,000 and overlapping is punishable by a fine of Kshs 300,000. Obstruction is overlapping and overlapping is obstruction. The fine for either offence then attracts a fine of Kshs. 400,000. That is punitive

Red light number 1

The driver does not understand the law. He does not even understand the offences in the Act and the resultant punishment. The crime being refered to as obstruction and overlapping is what is now section 45A of the Traffic Act (driving on pavements). The punishment is an imprisonment of not less than 3 months or a fine of not less than 30,000 or both.

Me: How do you know what the law says?

Driver: We have been educated,. We know the Act is now operational since it has been gazetted (ps: the driver used the exact words)

Me: Are you not concerned about the safety of your passengers?

Driver: We are concerned about the victimisation of the industry. If they want us to reform, the police must reform. The government must re-build and recarpet the roads. Change has to start at the top!

Me: Will you not starve? How will you feed your families?

Driver: We save money with our SACCO. We think about tomorrow. So we will not starve. We must get our rights! (to which I laugh, loudly)

Green light number 1

He understands the cycle of change. He knows that all the sectors must reform uniformly.

Anywho, the law is the law. The Traffic Amendment Act seeks to cure the menace on Kenyan roads. It also addresses the issue of mounting roadblocks at designated places on the road. This will reduce corruption and give motorists certainty as far as roadblocks are concerned. It allows Kenyans to be notified of closure of roads atleast seven days prior. This will save most motorists the agony of getting stranded in the morning because a section of the road was closed at night.

Overall, it will reduce deaths on Kenyan roads. Matatu operators cannot and should not dictate what the law should be. We all must adhere to the rule of law. Kenyans, let us walk on!

Transforming Kenya; mirroring the Judiciary.

Do not conform to the pattern of this world, but be transformed by the renewing of your mind. Then you will be able to test and approve what God’s will is—his good, pleasing and perfect will-Romans 2:12

I am at the Judiciary Transformation Framework Workshop. I have been asked to indicate what I feel. Challenged, motivated, shocked and humbled to interact with people who have served this country for over 30 years in the judiciary. They say the former judiciary was intimidating, you could not express yourself, you could not state your issues, your needs, your aspirations. You just worked, like a robot might they add. They are amazed, pleased and thankful that they get to attend a workshop. A transformation workshop where they get to interact with the judges, with senior management. Better still, where the core rule is “no titles”. 30 years of titles, traded for three days of equality and no titles. Three sacred days of owning this great institution. To most of them, it’s priceless. To me, it’s humbling. Four months of serving this country in the judiciary, my mornings have purpose, my days direction, my interactions experience, my career satisfaction.

As I jot this, as people continue to introduce themselves, I wonder, should I be documenting this? Then almost instantly, I answer in the affirmative. Yes I need to let Kenyans know, the feelings the members of the judiciary have about the transformation process. A process introduced by the will of the Kenyan people through the Constitution of Kenya 2010. It seems the Constitution opened up a decade of “business unusual” in this great Republic. From the conduct of public officers, to respect for human rights, matrimonial property, elections and the electoral process, and many other spheres of our daily lives. The Judiciary probably has had the most illumination of the new Constitution, its aspirations, its values and principles and those of the Kenyan people. The Constitution has finally made the Judiciary a judiciary for Kenyans. The work of the judiciary is finally being owned by the persons, otherwise known by the Constitution as public officers. The enthusiasm and optimism guaranteeing the perfection of the Judiciary's core business, to administer justice for all Kenyans and to set, in the Honourable Chief Justice, Dr. Willy Mutunga's words, “patriotic and indigenous jurisprudence” 

The Judiciary Transformation Framework gives four key pillars to guide the process of Judicial Transformation.

  

Pillar 1-People focused delivery of Justice,

Pillar 2- Transformative leadership, Organisational culture and professional staff,

Pillar 3- Adequate finance resources and physical infrastructure and

Pillar 4- Harnessing technology as an enabler of justice.

Kenyans bear the pride of innovation. With mobile-banking possibly being the biggest money exchange media in Africa and quickly gaining international interests. Kenyans now pride themselves for having ratified a solid and concrete Constitution. As a result, they can now rest easy for Justice is in their courts. It has been said that “peace is not the absence of war, but the presence of Justice”. One of my greatest motivations in joining the judiciary was, one, to serve my Country, two, to work in the Judiciary and to draw from its professionalism but most importantly, to take pride in my future years in saying, “ I was part of it”, I was part of the transformation”.

Kenyans need only look to the judiciary to know what good leadership can bear. Results, impacts and delivery. There must be skeptics in every game of change. But there must be some shifts, pleasant and unpleasant. It is however the compromise that we must make. I have experience the shift. I have watched people dream and speak out their dreams for the Kenyan judiciary. I believe that Kenya is transformed in the eyes of the Judiciary. Its values reinforced. The constitution jealously guarded. Still we move.....we continue to become better.

The closing is phenomenal. A phenomenal lady speaks. She has worked in the Judiciary for 35 years. She has been through the regimes. She bears the transformation right from the depth of her heart. She challenges us. She says the judiciary is taking a phenomenal turn. I can feel her energy. In the hot Eastern sun, I realise the staff members are awake. Not just awake, AWAKE!..I shut my eyes, to internalise her wisdom. I scream from the depths of my bones, quietly, internally,...AWAKE KENYA...AWAKE!!..I think about a book I am reading, Greg Mill's “Why Africa is poor”, I nod, “Africa is poor because our leaders have made this choice”....It stings, but said it must, “Kenya refuses to transform because Kenyans have made this choice”. It all boils down to leadership.

I look forward to the cocktail. To end a wonderful collegial interaction and to chatter away as I gulp my glass of non-alcoholic wine. I know one thing, the employees in the Judiciary are different. They see things differently now. We dance to “Mkenya Daima” for the 3rd time. The sense of patriotism and public service sinks a little deeper. I know..this is an Institution I want to be associated with. This is my avenue to serve this great Republic.

Vote Kenya; vote in honour of our fallen men and women in uniform

Honour and statesmanship

Saturday 10th November 2012, young Kenyan policemen are pursuing cattle raiders in Baragoi, Samburu County. Most of them, fresh recruits from the Kiganjo Police Training College, a walking distance from my birthplace. Family and friends had gathered at the college in August this year for the colourful passing out ceremony. Most of these young soldiers, the hope of their families. Aged 20-26 years of age. In the prime of their youth. Most of them glad that they can finally make ends meet. All of them ready to serve this great nation. Upon the conclusion of the ceremony, they are put in police tracks and transported to their first areas of posting. Most of them en-route to North Eastern Province. Still, they smile as they bid their relatives goodbye. “We are out to serve this country”, they say. “We shall give our all”, they promise. What 40 or so of them do not realise is that their all, means their lives.

Two years ago, my mother called me, shaken and out of breath, “Jose had been shot” she said. Jose has been what?! How? Where? By who?..by “bandits in Pokot” she said. “They were way-laid and attacked. Most of them did not even fire back. But God is great, he has been airlifted to the Kenyatta National Hospital and is stable. Call Shiku and see how she is doing”.

Jose is like a brother to us. Shiku is like a sister to me. We love each other, grown up together and shared the joys of childhood. Between that phone call and the hospital was a nightmare. He was lucky, we were lucky, the gun shots, four on both thighs did not hit any bones. The surgery was successful and within two months, Jose was back to work, serving this country.

I called him last night, to see whether he had been sent as reinforcement to Baragoi. He wasn't sure whether they would send him out. “I am worried”, I say to him. I pray they will not send him out there. I do not want to live with the nightmare of what could befall him. But in his characteristic soldier self, he says, “but they need reinforcement, if they send me out, I shall go”. I pause and think, our soldiers are really passionate about this country, but are we passionate about them? Do we care to think what their needs could be or what difficulties they encounter in their line of duty. People I love are in the forces. I am in the forces as my heart and family are in it. Therefore, I worry when we lose 40 soldiers to armed militia. Militia more equipped than our own security forces. I want to scream when the police commissioner admits to a tactical mistake. I shall tell you what a tactical mistake does, it renders wives husband-less, parents childless, siblings brother-less. It paralyses this nation in terms of security.

Shall we sit and watch as our leaders commit these policy murders. When the highest percentage of our budget goes to defence and security, yet our soldiers are ill equipped to respond to a line of fire when ambushed trying to reinforce law and order? We send inexperienced policemen to deal with dangerous criminals and do not rethink this policy decision when more than once, a quarter of fresh recruits die within their first years of service in hardship areas.

Do we think ourselves helpless in the face of such policy blunders? Indeed we are not. We are armed with information and experience and we can vote in honour of our fallen heroes. We can vote to restore security. We can vote to save lives. We can vote for people with clear and practical policies about the things that this country truly needs; security and peace, rule of law, food, health-care and creation of employment.

Vote Kenya; vote in honour of our fallen heroes in Somalia, in Tana River, in Baragoi and anywhere else in this great Republic. Watch-out for people who have amorphous promises that will yield nothing but five wasted years, wasted lives and a wasted republic. When we vote without policy consideration, we commit our children to starvation, we send our soldiers to pits and valleys of death, we send our doctors to private practice at the expense of public healthcare, we dissipate peace and all forms of cohesion, we sacrifice talent and growth at the alter of unemployment. If for nothing else, vote in honour of our men and women in uniform. Those that are out in the wild defending our borders and keeping us safe. Keep them safe on March 4th 2013. It will be an act of honour and statesmanship.