“Freedom isn’t free. It shouldn’t be a bragging point that “Oh, I don’t get involved in politics,” as if that makes you somehow cleaner. No, that makes you derelict of duty in a republic. Liars and panderers in government would have a much harder time of it if so many people didn’t insist on their right to remain ignorant and blindly agreeable.”- Bill Maher
“Nothing is more certain than the indispensable necessity of government, and it is equally undeniable, that whenever and however it is instituted, the people must cede to it some of their natural rights in order to vest it with requisite powers.”
I hate dates, I hate going on dates nowadays! They have a way of turning into heated political debates, somehow no matter how hard I try to just be a normal person, hold normal conversations, and actually be a lady about it, it ends up here, in the inside of politics! Well, I don’t hate politics, what I hate is the realization that I am now acutely aware that I probably may never be able to make a normal date for any normal charming fella. But wait… normalcy, just like perfection, has never been my first love and I tend to attract persons who can hold weird conversations for hours on the end. Perfect, just perfect when like poles attract..! 🙂
So, I finally meet up with a good friend of mine, a Canadian medic, who knows, or at least thinks he does know, more of Kenya and East Africa at large better than myself! I feel insulted already, but I’ll let him have his way this once! Naturally, we talk about pretty much anything, from God’s gender, to the perceived Color of Law, to Medicine, Race, Religion, Geo-politics, failed Relationships , how he hates love (ha ha!), why I hate African-neediness and reverence to the West as though they were a god of sorts..and so forth. At this point, it is safe to say, from how brutally honest and comfortable in our nakedness of thought and speech, we got issues, major issues! We also tend to always disagree on virtually everything,and i mean EVERYTHING! Except this once and the subject had to be EAST AFRICA! Yes, the big ambition that is the formation of a political federation of East Africa and the problem of the Integration process in East Africa.
“Hide nothing from the masses of our people. Tell no lies. Expose lies whenever they are told. Mask no difficulties, mistakes, failures. Claim no easy victories…” ― Amilcar Cabral, Revolution in Guinea
FEDERALISM?
First and foremost, just what is this federalism thing they’ve (East African leaders) been on about for years? Far as my understanding permits, federalism refers to a political organization in which two or more states agree to form a union government with central authority, while retaining their autonomy. It is basically a structured political arrangement amongst states that share a common vision of attaining common interests and objectives and a common, shared political jurisdiction is, more often than not, the ultimate goal. It is noteworthy that a political union calls for the surrendering of states’ sovereignty either in whole or partly to a central political governing unit.
The East African Community intends to attain a political federation eventually, albeit piecemeal, starting first with a customs union and followed by a monetary union. While all this may not be out-rightly unwelcome, the big question remains: just how realistic is this goal of achieving a political federation of East Africa? While I might consider myself an ambitious one with a knack for sheer devilry risk-taking antics, I am more concerned in not getting (in the hands of leadership of East African leaders) involved in a wild goose-chase. I don’t mean to be a pessimist but the odds don’t seem to be in favor of a political federation..not just yet..maybe never unless a few things are fixed. Here’s why:
1.)History so dictates
Moves towards the integration of East Africa were initiated long before my own grandparents were born, and even though I do not claim that the old sweethearts (two of whom have already left for the land yonder, R.I.P) are as old as Methuselah, I certainly do assert that they are not young either! The earliest moves towards an integrated East African region dates back to as early as 1894 when the British decided to start the construction of the railway running from Mombasa, Kenya to to Uganda. This move was purely for the benefit of the British who had colonized the region and had no such intention of integrating the region for the benefit of the “locals”, at least not the way the East African leaders envision it today. So it is safe to say that the first move towards an integrated East Africa, was a purely accidental one. Oh, beautiful accidents! Then followed the establishment of the Court of Appeal for East Africa in 1902, a postal union in 1911, a Customs Union in 1917 and finally the East African Currency Board in 1920, all by the British. After Tanganyika became a British mandate shortly after World War 1, and later merged with Zanzibar to form what we presently refer to as Tanzania, it was also gradually but surely absorbed into the above mentioned institutions. However, after the independence of the three East African states from British colonial rule, the East African Federation which was an attempt to form an economic cooperative failed to take off the ground and soar in that spirit of a united region due to a strong nationalism and conflicting priorities in matters economics and politics of the three countries. And that, ladies and gentlemen, is how the first and second phases (1894-1947, 1948-1966) aimed at integrating East Africa came to an end.
In 1967 the attempts to integrate East Africa were revived when the three countries formed The East African Community (EAC), an economic cooperative.The EAC also had five councils: the Common Market Council, the Communications Council, the Economic and Consultative and Planning Council, the Finance Council, and the Research and Social Council. There was also an East African Legislative Assembly, a Common Market Tribunal, and a Court of Appeal. But then again the community was soon overwhelmed by political strife, ideological rifts, and severe economic problems and in June 1977 the three member states simply could not agree on the EAC budget for the coming fiscal years, and as fate could have it the EAC for all intents and purposes collapsed. Long story short, it is clear from history that the region has unresolved issues that spell doom to the prosperity of any such political federation for it to thrive. This being the fourth attempt at creating a political federation, much strategizing and planning is needed or we are looking forward to recording yet another of East African failures this time amongst five states as Burundi and Rwanda have joined the circus!
2) The Legal Machinery is Wanting
Speaking of federations, they are children of well-drafted legal machinery otherwise they are dysfunctional! The treaty governing East African community has major loopholes, if you ask me. To point out but a few, the treaty does not define what a political federation of the region would eventually be. As one Ben Belassa identified, there are five ideals of integrations:
The free trade ones in which the tariffs and quotas are eliminated among the members of integrating region.
Customs union which involves the elimination of tariffs and quotas and also eliminates discriminatory tariffs by non-member countries by setting up common external tariffs.
Establishment of a common market which entails the elimination of any obstacles for the free flow of labor and capital.
Establishment of an economic community or union entailing the harmonisation of economic policies which may involve the introduction of a common currency.
The highest form of integration is a political union where the structures and political institutions which harmonise policies also become harmonised and unified.
The treaty by not defining a political federation’s destination, is simply leaving room for conflict of ideologies and political strife. It is noteworthy the politics of political federations is not an easy thing to handle. Mark you countries in the European union are still struggling with the volatile issues of political cooperation. It particularly amuses me that the constitutions of the five countries are silent on the issue of a political federation. Is this an unspoken indication that this political federation story is just that- a story for our entertainment? I do not know!
3.) The process is leader-led
The main issue of concern as far as the East African federation is in question, has got to be that it is purely a leaders only affair! Most citizens in all five countries know nothing about it, and those who do are not even sure of what exactly they know! Then whom is the Federation to serve if the common watus remain oblivious of the same? Last time I checked access to public information was a Constitutional right, at least in Kenya! Not to say it is a purely secretive affair, but certainly not much effort has gone into ensuring the watus stay enlightened in this matter and that’s wrong! Unless of course it’s only for the political-elite class, in which case, that’s what I call abuse of power!
Maybe a good place to start would be by finding out if East Africans are desirous of a federation, or at least let them know why the same would be desirous!
4.) Political instability
“It’s a civic virtue to be exposed to things that appear to be outside your interest. In a complex world, almost everything affects you – that closes the loop on pecuniary self-interest. Customers are always right, but people aren’t.” ― Clive Thompson
Political instability and insecurity in the region should be the main agenda we seek to address first, otherwise, without managing our smaller political units, how on this earth will we succeed at managing a larger one? From Burundi to Kenya to Rwanda and rest of the region, we can neither talk of political stability nor security. If I am not complaining about the current situation in Burundi with a heart-wrenching rising toll of deaths reported following a disputed election outcome, I am worrying sick about the terror attacks targeting my motherland (Kenya)..and woe unto you if you’re seduced into thinking Uganda and Tanzania are any islands of peace, not at all, we are all fighting our own demons et cetera. Fix it all, somebody..anybody!
I could go on with points on why it is not yet time for a political federation in East Africa, but that is not to say I am against it altogether! No, not all. Let alone an East African Political Federation, I would hate to think that the pan-African unity dream is six-feet under with Col. Moammar Gaddafi of Libya! I still hope for a day that Africa would stand, turn around and re-write her own history and unite! That would be perfect but see, greatness comes piecemeal rather than overnight. And it all begins with eliminating the little hindrances such as political strife and ill-will. It also starts with being realistic in our goals and ambitions, it starts with including the people in affairs that affect them such as formation of federations, and it starts with you and I summoning the leaders to accountability. See,Irving M. Copi phrased it perfectly when he said, “the success of democracy depends, in the end, on the reliability of the judgments we citizens make, and hence upon our capacity and determination to weigh arguments and evidence rationally.”
..And as our coffee date ended, we both agreed that it is not yet time for a political federation of East Africa and it will not be ready till the above issues are ironed out and of course my list is far from being exhaustive, so that’s where YOU too realize that citizenship is not a right on a silver platter but rather a chance at responsibility (and identify more issues on the same that need addressing)!
There’s nothing more erotic than a good conversation!
Maybe my dates don’t suck that much after all!
“Kati ya nchi yako na serikali yako ni kitu gani unakipenda zaidi? Ipende zaidi nchi yako, kuliko serikali yako!” ― Enock Maregesi
“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
““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
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
mbulanzuki 