A Human Rights Defender's Perspective

Courtesy of The Daily Nation The Declaration on the Granting of Independence to Colonial Countries and Peoples (adopted 14 th December, 1960) says the following about the importance of Independence; “ The General Assembly, Mindful of the determination proclaimed by the peoples of the world in the Charter of the United Nations to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom, Convinced that all peoples have an inalienable right to complete freedom, the exercise of their sovereignty and the integrity of their national territory… .” The Preamble to the Constitution of Kenya 2010 says; “ We the people of Kenya – Honouring those who heroically struggled to bring freedom and justice to our land: Exercising our sovereign and inalienable right to determine the form of governance ...

The 'Artur Brothers' - Picture Courtesy of The Standard.  Yesterday’s widely viewed KTN feature Jicho Pevu aka. The Untouchables – a feature viewed within the country and certainly went viral online clearly awakens us to the reality that we a governed over by a bunch of hoodlums who will stop at nothing to quench their unquenchable and indeed insatiable desire for wealth and power. The exposé , a follow up to a previous one, late last year, that brought to our attention high level crime and corruption perpetrated by officials at the center of state power, further helped tie loose ends on the linkages between a sudden increase in violent crime, arbitrary arrests, detentions and extrajudicial killings, and grand cover-ups of economic scandals that have faced the country over the past few years. This feature set me thinking. I can name at least half a dozen exposé s by the media about high level crimes and corruption that have taken place in Kenya. The Julie Ward Mur...

Justices Omollo, Bosire and Nyamu, three of the four CoA Judges found unfit to continue service by the vetting board - Courtesy of Capital FM News. In Peru, the then president Fujimori spearheaded a purge that saw 13 Supreme Court Justices, all members of the constitutional tribunal, all members of the national and district councils of the judiciary and the Attorney General fired. My colleagues tell me that in Georgia they got rig of an entire corps of judges in 1998. In Kenya we had our very own ‘radical surgery’ in 2003 that saw almost if not more than 100 judicial officers sent home for an assortment of allegations ranging from outright corruption, to impartiality to incompetence. A process which regrettably we are not proud about and hence the current Rao-led vetting board. Indeed, different jurisdictions have reacted differently to situations where the judiciary completely lacks credibility. Whether these different actions, some appalling have proved effective in these...

Farmers and pastoralists taking time off their daily social and economic activities to cast their votes - Courtesy of the Daily Nation  Am currently reading a book, partly because it is by a renowned judge, whose inspiring life leaves me in awe, and partly because am trying to get a South African perspective for my Master’s Thesis. The Book is The Strange Alchemy of Life and Law (2009) , by Justice Albie Sachs, former Judge of the Constitutional Court of South Africa, and currently a member of the Judges and Magistrates vetting Board in Kenya. The book gives a moving account of his life prior to being appointed to the court by president Nelson Mandela, his activities in support of the ANC, how his life experiences including surviving a near death experience after being bombed by secret service of the then apartheid government, and how these greatly influenced his decisions while serving in the highest court in the country – a court that is respected in Afric...

Kenyan Parliament in session - Courtesy of the Daily Nation. Brushing through American politics I get amazed at the level of scrutiny with which both houses analyze actions by government. From the contraceptives debate, to the state vs. religion debate to the economy debate, I get amazed at the level of preparedness with which a congressman lashed out at the US Treasury Secretary for “the government’s lying to the American people” by claiming to fund projects that are in his opinion economically not viable considering the amount of debt the US already owes, going as far as comparing the US with “worse of European states like Greece.” Well before jumping on my neck and dismissing me for my outright ignorantia , yes I am fully aware that this is an election year, yes I am aware that the Congressman was a Republican, yes I am aware that the Bush administration made far more policy blunders than Obama may ever make, yes I do know that the grilling had a lot of political rhetoric and unde...

Charles Dickens ‘A Tale of Two Cities’ describes Old Bailey, “It was famous, too, for pillory, a wise old institution, that inflicted a punishment of which no one could foresee the extent; also, for whipping post, another dear old institution, very humanizing and softening to behold in action; also, for extensive transactions in blood money, another fragment of ancestral wisdom, systematically leading to the most frightening mercenary crimes that could be committed under heaven….. For people then paid to see the play at the Old Bailey, just as they paid to see the play in Bedlam – only the former entertainment was much more dearer.” This creative description in those olden days by Dickens paints a vivid picture of how the courts of law were then held. The court and its proceedings were a spectacle, the men in robes - almost immortal, meting out punishment and intimidating the common folk who viewed the institution in awe. Indeed, the prevailing view of the courts and what they represe...

Insightful interviews I recently watched on Jeff Koinange’s show Capital Talk aka. ‘ on the bench ’ – a show I religiously watch - highlighted issues [away from the Ocampo 4 hubbub] that ought to be at the centre of national debate. During these interviews of Dr. Leakey and John Githongo, two gentlemen who have preached the gospel of good governance and who have in their own special ways contributed towards this, brought to mind some pertinent issues that many a times go unmentioned. Though differently phrased both were asked about what they hope to see the Kenya and its people become.  John Githongo, currently running the ‘ Ni Sisi ’ campaign that seeks among other things to empower the youth and transform a largely ignorant and ethnically polarized society into a cohesive one capable of making informed decisions on issues of governance and self empowerment was of the opinion that he yearns for a day when the ideals that drive the campaign are realized. He elicited his sadness a...