Justice delayed is Justice denied!
“And when we speak we are afraid
our words will not be heard
but when we are silent
we are still afraid
So it is better to speak
we were never meant to survive”
Personally I feel we will be judged by what we said mostly but not what didn’t say for words speak. Could it be the reason as to why the boys in blue say “you are under arrest. What you speak from now henceforth might be used against you in a court of law.” Yes silence speaks too but not as loud and clear as words would. Justice will be served through the words. The merits of the case are the words. So let’s speak up people and if we are as gutt_y speak about justice.
This week am reading ‘essentials of negotiations’ a third edition by McGraw Hill publishers featuring Roy J. Lewicki, David M. Saunders, Bruce Barry and John W. Minton all of them badass negotiators of global touch. I will recommend it to chaps who start their days in boardrooms full of stiff faced bulgy stomach men in suits angling for business. Or better still if your girl keeps dragging you into arguments and you have to talk your throat dry fighting back for your position. Good read. In that book, the writers introduce the frames of negotiations revolving around Interests, Rights and Power. Which we brush through in the subsequent section.
There is the silent ‘WiFM’; What Is in it For Me? Every one enters whatever negotiation guarding their interests. They defend their stake! People are often concerned about what they need, desire or want. People talk about their “positions” but often what is really at stake is their underlying interests. Here justice is only served when interests are met.
“I know my rights!” The rights people are the hard to tackle because you trend cautious of not stepping on their freaking toes. People may also be concerned about who is “right”_that is who has legitimacy, who’s correct or what is fair. Here resolution often requires the use of some standard or rule such as” taking turns,” “split it down the middle,” or “age before beauty” to settle the standoff. For them it’s not justice when you step on their toes. Like suppress their goddamn rights.
“I know people!” rather “Who sent you?” Either way you have to mention a ‘powerful’ name. They might sometimes be based on who’s physically stronger or is able to coerce the other, but more often it is about imposing other types of costs_economic pressures, expertise, legitimate authority among others. Such are bullies. Them mentioning higher powers makes you freak out of the negotiations. They bulldoze their way to ‘justice’
From the above three point scenario of Interests, Rights and Power and perhaps going by some moving summon delivered by a one Bishop David Ongide of CITAM Valley Road, on the Sunday after the presidential results were declared and the country morphed into a moody as a girl state; “Living in a Dichotomy” In which he stated that it’s a case of loosers versus winners, bad over good. It stages a war kind of atmosphere with one side pitching the other. In what case one side feels justice granted because their desired cause was met. As the counter side feels justice not granted since it fall below expectations. So moving forward, one side feels aggrieved as the other side grows domineering. Animosity grows between the haves and have nots. In his advise Bishop Ogide (in the attached in pdf sermon for download) says we should work towards embracing a Trichotomous kind of society since the the word of God talks of the body, the soul and the mind. Only then we shall embrace accommodativeness as a people. On then we shall know unity of purpose.
Some people read the quoran just as some more read other books other than the Bible. But since I happen to read the bible I will ask you turn with me and if you can relate to that story of Solomon trying to solve the puzzle of two women battling out for the ownership of one innocent baby. One says the kid is hers just as the other claims equal rights. Solomon is first left exhausting his options because well one kid can only belong to one woman at a time never will it be one kid belonging to two women at ago. Solomon thinks harder and invoking his inner wisdom, requests for a machete and holding the baby by leg, head down announces he’s chopping it at the middle half such that each gets an equal share! That bravely means losing the kid. The real mother of the kid steps forward to agree better he loses the kid to the rival not death. Justice is served! That went down history books as Solomonic.
Must be in the hot suns of March entering April. Some calendars back. The year is 2008. The country was still healing from a grueling post election violence. The ground was sipping the last of the pint of blood of the 1300 plus that it consumed. Kofi Anan amid his boys had fostered some conflict resolution peace talks that birthed the grand coalition government headed to the top half by President Mwai Kibaki and to the lower half by Raila Odinga as prime minister. The country had a historical ballooned house to accommodate two governments in one regime. But they lived like rival siblings agreeing on entirely nothing. A one Marende had been appointed speaker of the National assembly. A no nonsense walking law dictionary he was. Each of the factions needed the prestigious Leader of house business committee. The country was all of a sudden gripped with tension. The most number of eyeballs in history stayed glued to television that afternoon through the evening. The Parliament was full as a primary school opening day assembly. Nearing voting age, I was just starting to gain interest in national politics. Starting all the way from citing classical examples around the world and history books, the speaker read dozens and volumes of documents to the house. The world watched. He ended at awarding himself the house business committee position that was fiercely contested between the factions. Amid loud global applause that was baptized Solomonic. He got a slot in the prestigious books of history. Justice was served.
The Supreme Court session was like a football match. An Ingwe Gor kind of. Packed to tenacity with tension. The Jubilee affiliates wanted it their way. Just as much as the NASA brigade wanted it wholeheartedly. But as a country it was not about the affiliation or lack of it. It ought to be about stamping a lasting solution to a disease that’s so ailed us 54 years in succession. Where he sat CJ Maraga was meant get Solomonic about that whole debacle. I guessed that deep down his Grey matter he knew the world and history books would remember him if he delivered Kenya from the captures of pre_election excitements and post_election tensions that engulf our what would be progress. And every one hoped so dearly.
In one of the grueling seatings, a one Lawyer FREDRICK NGATIA is quoted as saying “Please don’t nullify the presidential election results,as we know Uhuru has extended an inviting hand to Odinga, HE WILL FORM AN ALL INCLUSIVE government.”
If you asked me, those petitions were not about authenticating Uhuru’s ‘win’ neither were they about making Odinga President nor getting Kenyans back to polls. Those petitions were a matter of going concern; seeking to restore the diminishing prospects of your average Kenyan voter that in future they can step out and queue for odds and vote and their vote will COUNT. And going to the courts perhaps will be a matter of choice not reason! They were perhaps the final step towards restoring the independence of our institutions and the strengths of our Democracy.
Did we achieve? Whether we are home or not yet, I will leave it to you to toss a coin and tell whether your toss reads head or tail but remember the coin has three sides but every one else thinks it’s two!
How did we get here? Cumon, how did we even end here in the first place? Is it where we belong? They say history looks into the past to appreciate the present and anticipate the future.
2013 we had a tensed general election that ended at the then newly constituted supreme Court ending with a three minutes unanimous decision that rubber stamped the election and subsequent swearing in of President Kenyatta and deputy president Ruto. Whose initial declaration had been questioned. People were told to accept and move on with Nation building. Nation building that didn’t take off entirely.
The election in 2013 had been a matter of contention because coming from 2007 the country has experienced a disastrous Post Election Violence (PEV) subject to rigged presidential election results. It culminated into a grand coalition government and a resolve to look into past autocracies alongside embracing a new constitution that changed Kenya to a devolved system of governance, reforming the now defucant Electoral Commission of Kenya (ECK) that was later replaced with Independent Electoral and Boundaries commission (IEBC), implementing the Truth Justice and Reconciliation Report (TJRC) among others. Again accept and move on was indulged.
The same history points towards 2002 when an anti_Moi regime rose baptized as National Rainbow Coalition (NARC) which was a union of majority opposition leaders. This marked the end of Moi’s twenty four years of dictatorial rule. And again back in 1992 Kenya had made a milestone embracing multi party politics that matured in the fragmented parties coming together to end KANU’s regime. But still back in time and in 1982 an attempted coup to overthrow the government of the day by a one Raila Odinga was defeated. History is rich with what Kenya has travelled down justice lane.
But it goes deep down 54 years back in time to the day we ended white colonialism and welcomed with both hands neocolonialism that has ate us to the core and now it’s bullying it’s way towards our born marrow with a voluminous curriculum vitae of dozens of unexplained historical injustices and political regimes oozing of corruption infestations. Them that have survived in succession through what now looks like state capture. Hiding year in year out behind peace campaigns when the real fight your average Kenyan is fighting internally is injustice.
Over the years and now under four different presidents, the country has has to contend with issues of Poverty, Diseases, Marginalized communities, Tribalism, Ethnicity, Nepotism, Corruption and embezzlement of national resources, Political assassinations, Impunity, Human rights violation, among other crimes against humanity. Which have slowly but gradually piled the bitter bile amongst citizens who feel justice didn’t prevail.
We can not achieve justice yet when the country continues to vote at disturbing mid of half agree when the other half disagree and democracy says then eyes have it. And people are asked to accept and move on because as it is the system says they are the minority. Like the recent scenario of 46% thinking otherwise and 54% giving no damn care. With only “concede defeat or go to court” option to boot. Cumon leftists, this thing is a game of numbers. Numbers that you desperately don’t have! It’s neck to neck though and the magnitude of error not withstanding we’d be at a position of no decision reached yet!
It’s how we drift into secession talks. Because over time, the country is slowly but gradually dividing at the middle half thanks to the blanket accept and move on tag that continues to sweep dirt under the carpet. Let’s not even talk about secession or what it means.
Unfortunately political or by extension legal justice is this loud. But Justice applies with entirety in our lives and dealings all round. It’s something we should always embrace. It counts when you think about the other person point of view before necessarily stamping your way. It’s just to treat others justly. Justice is a virtue we should grow and tame and embrace. Justice is a fabric that will put societal pieces together and in check. How we handle justice in our private lives eventually manifests in how we walk down the corridors of justice as a nation and world at large. Kenya needs justice. The world needs justice. History will judge us in how just we were in our purposes on earth.
The disease that we are fighting 54 years later is justice or lack of it. The sooner we get this right the better. And it’s when, that no one will sink resources into crafty calls for peace in an otherwise peaceful state. And I doubt anyone in their rightful minds will start justice campaigns unless out of dire idleness! The leader who will perhaps heal this disease is whom that will convince a convincing majority to his or her cause without bulldozing their way nor caring about affiliations nor tribes nor ethnics nor egos. Them that will move fast to heal the scars and dress the wounds and prescribe the right cures which might include equilibrium in resources distribution, taking the corruption bull by the horns, ensuring devolution works for the good and center stage listening to the crys of Wanjiku without necessarily asking whether Wanjiku is one of their own! Going forward and when that leader achieves this, they should stamp authority by moving with double speed again to prescribe the doctoral ‘prevention is far better than cure’