must read!! inside - Kenyatta University

Transcription

must read!! inside - Kenyatta University
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
THE VOICE OF THE LAW STUDENT
LEADERSHIP
INSIDE
REDEFINED 
KUSA PRESI
DENT
ESSAYS Pg. 6,7,8,9
CLUB UPDATES Pg. 12

LONE FELIX
POEMS pg. 17
MUST READ!!
Exclusive Interview : Kusa President Lone
Felix...pg. 3
1
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
YOU LEFT
Editorial committee
My memories are filled with the past
Some sweet, some are a blast
Welcome to the third issue of the KUSOL
MONTHLY magazine 2013. We appreciate the
commitment and charisma of the members who
sent us well written and researched articles.
I picture me before I met you
You were a dream come true
We wish to extend our gratitude to all KUSOL
members for their continued support in mobilizing members to participate by submitting
their essays.
My whole life was a total mess
With much pain and lots of stress
Then you came out of nowhere
This issue summarizes all the events during
first semester 2013/2014 as well as a general
take on current affairs.
Then you took me somewhere
I felt the beauty yet to be seen
Took me places I've never been
This and subsequent magazines shall always be
available at the library or soft copies online at
www.ku.ac.ke/schools/law….click on student
magazine tab.
You told me amidst the strife
There was still hope for life
That even a broken heart
Thank you, nice reading.
Editorial Team.
Still has a loving part
1. Etale Reagan Roy
You gave me the will to fight
2. Kanze Vanessa
But just when I reached the light
3. Okechi Dennis
Just as you had come, you left
4. Lindah Ruto
Just as I had cried, I wept
5. Evans Ochieng
I hate thinking of the future
6. James Mutegi
Me without you I fear to picture
7. Lucy Monyenye
So I'll just relive the past
8. Joyce Muthoni
And hope it's my very last
9. Kennedy Mulwa
You left.
By George Owuor—Kusol
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The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
INTERVIEWS
THE KUSA PRESIDENT!!!!....LONE FELIX
My effort to get an interview with the KUSA President was
something close to impossibility. He is an exceptionally
busy man whose schedule is nothing an ordinary student
can fathom. The man who bears a lot of titles to his name
but then due to his down to earth nature you will just know
him as Lone Felix, your president…
Kanze: How was your race to the presidency?
Mr. President: It was a really tough race and very draining physically, emotionally and most of all materially (he
chuckles).
Kanze: What is your purpose as the president of KUSA?
Kanze: So how are you liking your new post this far?
Mr. President: Internally my focus is on working with isMr. President: It is more than I had anticipated. It is deep- sues affecting the students at the moment. Externally I want
ly involving having to juggle my way through each and eve- to ensure that the brand of the Kenyatta University is out
there.
ry meeting there is both within and out of town.
Kanze: How do you strike the balance between being a Kanze: Students have very high expectations of your reign
how does this make you feel?
student and leader at the same time?
Mr. President: It is very had. However one thing that I am Mr. President: Expectations put a lot of pressure on me.
learning is how to delegate my duties. So far I am manag- However this is good as it makes me always remember that
I am not in office for my own benefit but there are people
ing just fine.
behind me to whom I am accountable.
Kanze: Finally I need your photo do you mind sending the
Kanze: How would you describe the team you are working same to me via mail?
with at the moment?
Mr. President: (He laughs out loud) Please Google me and
Mr. President: My first priority in office was to create download my photo.
friendship. This in my view is an important platform to ensure team spirit as we all try towards working together for
the good of the students in Kenyatta University. Every person in office was elected from different spheres and the
electors had diverse ideologies regarding those they elected. So coming together we need to put our heads together
in achieving our goals for the students in the university.
Kanze: Any challenges so far?
Mr. President: Of course. There is a lot of bureaucracy in
Kenyatta University. Too many protocols and processes to
be adhered to and these are proving to be a slight set back
to achieving my goals in my manifesto. However I have
started on the right foot and most of the projects I am working on have received approval.
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The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
INTERVIEWS
LESLEY ODHIAMBO THE PEOPLE’S MAN (CAMPUS CHAIR)
M
y interview with the
campus chair was a bit less formal. He
is the kind of person you cannot have
an interview with, without interruptions. People are always passing by his
office just to say hi and surprisingly
enough not just the students but the
staff as well. He is the kind of leader
KUSOL has been waiting for, an easy
laid back leader working with the motivation of satisfying the needs of those
who put him in office.
Kanze: What was your strategy for
winning the elections?
Lesley: I had no strategy I was just
keeping my campaigns real and personal.
Kanze: Has your post changed you as
it did those before you?
integrating the first
and second years in
my projects as they
are the future of this
campus. I am also
working on renewing
our membership at
the Parklands sports
club and also looking at those talented
in this area on how
they can get scholarships from the university. As a leader I
act as a bridge between the students
and the administration of the campus.
So at the moment I
am very sensitive to
the grievances of the
students and so far I
am fearlessly working on addressing
the key issues affecting us a whole.
Kanze: The students outcry is that
KUSOL is a boring university what do
you intend to do about this?
Lesley: It has not changed who I am it
will take more than a position to
change who Lesley is. It has however
changed my perspective of how I view
things. It has made me look at things
more casually and in this way I am
able to look at things from the student’s angle.
Kanze: As the campus chair do you
Lesley: The priority of every school is
have a lot on your plate?
offering education and the administraLesley: Not at all. The beauty of my tion of the university takes care of this
office is that I have an excellent team very well. However students need to
working with me. They are individuals have a life and that is where I, as Leswith liberal minds. In them I have not ley come in. Lawyers are the most inonly found work-mates but friends as teresting people in the world we are
well. We are taking up our duties col- not made of books only, we can have
Kanze: Now that the politics is over lectively working towards a student- fun as well. So I am working on a few
what do you have on the table for your centered approach after all, this office projects that will bring life to the stuis for us all.
dents, so watch this space….
electors?
Lesley: My manifesto was based on
three key pledges: Accessible leadership, co-curriculum activities and being the comrade’s puppet. With this in
mind therefore I have embarked on
Interviews conducted by Kanze Vanessa—Third Year and Editor.
[email protected]
4
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
THE CAMPUS CHAIRPERSON
Leslie Odhiambo
The People’s Man
The Comrades Puppet
ARNOLD OKUDO
CONGRESSMAN
FEMALE NON-RESIDENT REPRESENATIVE— ALICE GATHEKIA
5
MALE NON– RESDIENT JOHN KARIUKI
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
GENERAL TOPIC
The “Nyumba kumi” euphoria seems
“Nyumba Kumi”: Defuse this time bomb.
By Ronoh Alphas
to assault the very basic principles of
The inventor of the idea should be given a benefit of doubt, but my fears
immediately arise when committees
pop up out of nowhere to engage in
globe-trotting to see where such an
idea has worked. The results are catastrophic to say the least, spending
more funds on benchmarking than the
R
actual implementation.
ecently, the government Digging into the archives of history
launched
the
“Nyumba gives an idea of what to expect of this.
Kumi” initiative in attempt to tame the Remember the community policing
human rights. Article 36(1) is clear
that “Every person has the right to
freedom of association, which includes
the right to form, join or participate in
the activities of an association of any
kind.” The safeguard comes at Article
36(2) providing that “A person shall
not be compelled to join an association
of any kind.” The government cannot
thus purport to herd people into kraals
of 10 households if the people themselves do not wish for such associations.
runaway crime rate. For a few mortals project that was launched with lofty What happened to rights of privacy
who have no rough idea about it expectations? Well there‟s nothing guaranteed under Article 31? Infor“Nyumba Kumi” is, it is a system of much to write about for obvious rea- mation relating to family and private
social organization by which the coun- sons: it was a monumental failure. The affairs are safeguarded from being untry is divided into units of 10 house- police were
necessarily required or re-
holds at the village level. The model given more
vealed. If the idea is to work,
than
private information will be
have nowhere to hide in the country- they
deserved-
splashed everywhere without
the most ideal idea I have heard of in and
that
has
a recourse in the name of
the last two decades. Subjecting the never ended to
“Nyumba kumi”. It cannot be
idea to a lens of scrutiny will ultimate- date. In a coun-
ruled out that the very crimi-
ly reveal its ideal advantages, obvious try where mis-
nals may gather information
disadvantages and pragmatic reasons trust seems in-
to the detriment of a house-
gives the idea that all criminals will contempt
why it will not see the light of imple- stalled on every individual, it becomes hold! A quick rejoinder is the spymasmentation.
However
enticing
it hard to fathom how persons are sup- ters who may deploy thousands of in-
sounds, we should not just swallow it posed to even approach the police to formers across the country to report on
hook, line and sinker.
report a suspicious neighbor.
6
activities of neighbours.
The KUSOL MONTHLY 3rd Edition
ASSORTED LEGAL
TERMS
www.ku.ac.ke/schools/law
It can now be understood why there
was an attempt by some mandarins to
Jus non habenti tute non paretur
It is safe not to obey a person
who has no right.
smuggle
in
the
infamous
clause
“national security” so that Article 26
would read “A right or fundamental
freedom in the Bill of Rights shall not
be limited except by law, and then only
to the extent that the limitation is rea-
Salus ubi multi consiliarii.
Where there are many counselors, there is safety.
sonable and justifiable in an open and
democratic society based on human
dignity, equality and freedom, national
security taking into account all relevant factors, including…..” it was by
Sensus verborum est anima
legis.
The meaning of words is the
spirit of the law
good luck that an early discovery was
made, but it seems “Nyumba Kumi” is
backdoor attempt to sneak the same
objective , albeit in a repackaged
Coupled with all the above challenges,
a few million questions remain unanswered about the initiative. How will
the initiative work in the sprawling
© Reference ; The Black’s
Law Dictionary 9th
Edition.
Hold your horses, before I can be sentenced to crucifixion for not providing
an alternative to Nyumba Kumi cheap
idea, I volunteer to provide more alternative and practical ideas.
The government can spend the tonnes
of idle money in its coffers to improve
on equipping the police with cutting
edge technology gadgets to track down
suspected lawbreakers. This may include use of surveillance cameras,
tightening border security and porosity
reducing corruption in issuing identity
documents, ensuring that service providers register the SIM cards and mopping up the illegally owned firearms.
Nyumba Kumi should therefore not be
used to relieve the police of their legit-
mode.
Solo cedit quod solo inaedificatur.
Whatever is built on the soil
belongs to the soil
20th November 2013
slums inhabited by populations that do
not reside in quarters called houses?
Will people be forced to take mandatory break from their activities to update
imate duties while the taxpayers are
shortchanged for the services they are
entitled to. The idea should therefore
be stopped on its tracks in favor of
more viable, better and practical solutions. Citizens conscious of the government ploys should reprimand it
from hawking cheap ideas to them.
themselves about new neighbours or
even the existing ones?
By Alphas Ronoh—Third Year
Continued from page previous page
That will be an arena where scores are
settled. It happened in the communist
regime of East Germany, and Kenya
has created a substratum where such a
David Brinkley
A successful man is he who can lay a firm foundation with
the bricks others have thrown at him.
disaster can optimally thrive; what remains is just its transplantation.
7
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
GENERAL TOPIC ESSAY : DEMOCRACY
ARAB SPRING REVOLUTIONS : STABLE DEMOCRACIES?
GEOFFRY MBUI ROBERT
alternative to their autocracies that rule most Arab coun-
[email protected]
rule, for they have tries to democracy would be bound to
done all that was in result in the rise of the Islamists to
their power to stifle it. The reality is power. That is what happened in
that the Arab world is going through a Algeria in 1991 with the electoral vicmomentous struggle between the in- tory of the FIS, which was immediate-
C
cumbent conservative regimes and the ly followed by a military takeover.
powerful islamists movement. Secular And it happened again in Palestine in
nationalism failed to accomplish the 2006 with the victory of Hamas, in
alls for Arab rulers to
embrace
democracy
have been central to U.S. and even
European policy. But there are danger
of unintended consequences could be
the rapid rise of radical Islamist parties.
historic task of recovering past Arab Iraq with the emergence of a Shiite
glories, of improving the state of the ruling class from the debris of Saddam
masses and reforming
Hussein‟s dictator-
the state, the latter hav-
ship
ing never been an espe-
too, where Hezbol-
cially legitimate entity in
lah has been con-
the eyes of the masses.
stantly
The last U.S. Administration's drive to And it is the incompepromote democracy in the Arab world, tence of the conservative
in
Lebanon
gaining
ground and recently
in Egypt army take-
over acting on the
and Europe‟s admittedly lukewarm elites, their corruption
support of the concept, was widely and their humiliating failure to save will of the people a year after the
seen by Arab leaders as naïve and self- Palestine from the grip of the Zionists Muslim brotherhood movement came
defeating, a policy that suffered from that have all combined as the platform to power. So it should come as no suran astonishing ignorance of the politi- upon which the Islamist response has prise that the staunchest supporters of
cal choices they have to contend with. emerged. Lacking true democratic free elections throughout the Arab
Unlike those in the West who urge the legitimacy, the governing regimes world are now the Iranians as they
virtues of Arab democracy, Arab rul- throughout the Arab world are gener- know that each truly free election in
ers themselves have a much clearer ally seen as puppets of the West, and the region would result in an Islamist
idea of the conflicting socio-political that, of course, is why the masses tend victory. The message must be then
pressures that divide their societies.
to harbour strong western sentiments. that contrary to what many in the West
believe.
These Arab leaders know all too well This is a state of affairs in which any
that there is no liberal democratic abrupt move away from the secular
8
Continued on Page next page
The KUSOL MONTHLY 3rd Edition
LATIN MAXIMS
rapporteur
www.ku.ac.ke/schools/law
Continued from page prev. page
The real choice throughout the Arab
An official who makes a report of
world is not between dictatorship and
committee proceedings for a larger
democracy but between secular dicta-
body.
torship
and
Islamic
democracy.
The West called for Arab democracy,
reconversion.
but neither Arab leaders nor Israel
wanted it. The major concern showed
The notional or imaginary process
by both are that the real beneficiaries
by which an earlier constructive
of greater political freedom would be
conversion (a change of personal
islamists particularly the Hamas, Hez-
into real property or vice versa) is
bollah and the Muslim Brotherhood,
annulled and the converted property
all of which would have a great deal of
restored to its original character.
trouble in endorsing the pro-Western
policies based on their radical ideolo-
recordari
gies not least their commitment to
peace with Israel. For if these same
A writ to bring up for review, as a
Arab rulers have not always been eager
substitute for an appeal, a judgment
to back America‟s policies in the re-
of a justice of the peace or other
gion, that has been because public
court not of record
opinion in their countries – the famous
„Arab street‟ – was strongly opposed
redlining,
20th November 2013
to them. The United States had to suffer some very serious setbacks to its
Credit discrimination (usu. unlawful
„grand strategy‟ in the Middle East to
discrimination) by an institution that
understand that the calls for democracy
refuses to provide loans or insurance
now to be heard in Arab Societies are
on properties in areas that are con-
not aimed at all at serving America‟s
sidered to be poor financial risks or
interest or the cause of peace with Isra-
to the people who live in those are-
el, but rather at repudiating both of
as.
these.
Any assumption that Arab democracy
would as a matter of course be friendly
to America‟s policies, or to peace with
Israel,
is
a
self-serving
9
fantasy.
Never over-eager to engage in democratic experiments, Arab rulers are
now more than happy to put the brakes
on. And it‟s worth saying that their
resilience is impressive. China and
Russia have taught them that autocracy
can survive a freer press and the
„threat‟ represented by freedom of information. Despite the stirrings of Arab democratic thought thanks to factors like the proliferation of satellite
dishes, illegal suspension of social
sites, freer presidential elections in
Egypt, municipal elections in Saudi
Arabia and Kuwait, street demonstrations in Damascus, and the popular
mobilization in Lebanon against Syrian occupation, no irreversible institutional changes have so far been put in
place. Put another way, there have
been no guarantees that freedoms
granted cannot ever be denied. This
idea of democratization may have been
released from the bottle, but traditional
Arab rulers have not abandoned the
fight to put it back.
GEOFFRY MBUI ROBERT
[email protected]
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
‘ROWING’ & ‘CANOEING’, SPORTS LITTLE KNOWN, DESPITE GREAT POTENTIAL IN KENYA
T
oday, sports and games Both „rowing‟ and „canoeing‟ are ge- areas have had these activities since
form an important as- neric terms, with „Rowing‟ meaning time immemorial.
pect of human life. From both sweep rowing and sculling,
the very traditional ways whereas, „canoeing‟ means actual ca-
of doing various sports, to profession- noeing as well as kayaking. The differalization. No wonder, even in academ- ence between these is a very minor
ic systems, sports education is part of technical matter.
curriculum in various fields. From primary school education, through secondary school, to higher learning institutions, sports education is provided.
As Olympic sports, unfortunately, the
two are little known. Water sports in
Kenya are run by the federation, Kenya Rowing and Canoeing Association
(KRACA). However, there are very
Now I feel uncomfortable, that when- few registered and recognized clubs
ever we give or receive histories and that undertake the sports. They indevelopment, we must start with Eu- clude: Kenya Navy;Busia, Nairobi
rope. Even in rowing and canoeing, Ruiru Rowing and Canoe Club, Mom-
At University level for instance, there documented work, mostly reflect the basa Rowing Club, Masinga Dam,
is a full-fledged department of physi-
Kilifi Creek and Sagana Sla-
cal education, among the science sub-
lom. The clubs do the sports
jects, there is sports science, and even
at local National and inter-
in Law, we have sports law.
national levels, not just for
leisure
But surprisingly, whenever we talk of
ous competitions and cham-
come to mind, forgetting about others.
pionships.
Kenya, for example, is well known for
athletics. Other sports well known,
For various reasons, the
well resourced, and with fans include
netball, name them. But talk of
„rowing and canoeing‟, many ask,
„what is that?
The two, are water sports, and Olympic sports well developed, not in Kenya, but in the Western world. The
sports are common in Europe, Canada,
Germany, Hungary, Poland and some
other European countries. In Africa,
best doing countries include South
Africa, Algeria, Tunisia and Egypt.
maintaining
physical fitness, but in seri-
sports, only some sporting activities
soccer, rugby, golf, cricket, volleyball,
and
sports are not popular, and
historical development of the sports in
Europe. I bet, probably, Europe developed the sports from traditional ways,
into the Olympic sports they are today.
However, even in Kenya, there is rich
unexplored history on the development of rowing and canoeing, not as
sports,
but
traditional
ways
of
transport. Particularly in areas with
are growing at an appalling rate. It has
been realized, that the best positioned
to develop the sports are business corporations, organisations, individuals in
the working class, learning institutions
and the disciplined forces. However,
there has been little and fruitless efforts to market the sports in these areas.
rivers, lakes and the ocean, such as the
Victoria region, Tana River, and the
Coastal strip of Kenya. For sure, these
10
Continued on next page
The KUSOL MONTHLY 3rd Edition
Continued from last page
Nairobi Ruiru Rowing and Canoe Club
for example, tried to market the sports
at Kenyatta University, in efforts that
ended futile. The efforts were in consideration of the proximity of the institution to the club‟s training ground
(around Ruiru) and the potential
among KU students.
www.ku.ac.ke/schools/law
20th November 2013
his visit to Aqua sports maroon club of 1.
Inclusion in to the sports, of all
Uganda and Nairobi Ruiru Rowing and
interested persons, men and
Canoe Club, where he offered tech-
women, persons with disabili-
nical development courses. Nairobi
ties, youth and the elderly in
Ruiru Rowing and Canoe Club is with-
society, for competitive sport-
in reasonable reach by Kenyatta Uni-
ing, up to international level.
versity, and some of its students, have
2.
long expressed interest in the sports.
lished and accessible expertise
Renson Mburu Muchuku, a Sports Sci-
within Ruiru area, and among
ence (Leisure and Recreation) student,
is an example of one such students, so
much endeared by the 26th October
Existence of already estab-
some KU students.
3.
Extending the practical base,
for students studying sports
From friends and good contacts the Regional Rowing competition hosted
club has established with Britain‟s by Nairobi Ruiru Rowing and Canoe
science and related fields
4.
FISA and Oxford University, it has Club, where teams from Kenya, Uganestablished that Universities in Britain da and Nigeria participated.
Likelihood of partnering with
other Universities from Europe, with more developed
have several clubs for these sports.
facilities and skills
Though we have no big and safe rivers
flowing around town like London,
5.
Exposure
through
regular
where Oxford University is, it is still
competitions and events within
much possible for an institution to take
the country and international-
its athletes to the nearest training
ly.
ground. Peponi School for example,
6.
has affiliated with Nairobi Ruiru Row-
ness, mental concentration and
ground every day during weekdays,
sports as part of its sporting curriculum.
physical
the sports require physical fit-
hours training at the club‟s training
Kenya that has fully taken up the
maintained
health for its members, since
ing Club and takes its students for two
and this makes it the only school in
Well
technique
It is therefore time, that Kenyatta Uni- 7.
versity considers to establish the sports
Built sense of teamwork and
as part of its sporting activities an d
bers.
good discipline among mem-
stand to enjoy among others the fol-
With traditional skills, and availability lowing :
of large water bodies, Kenya has great
Mohamed Butte Bashora,
potential to produce among the best
3rd Third Year
athletes in the world. An international
Coach, Jim Flood, confirmed this after
11
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
A trip to the hells
W
ell, we as lawyers
have a common
characteristic…
we all love to argue. Well the debate club engaged
on a really heated debate, the main
agenda being on where we would
spend our fun day and make it unforgettable.
The final agreement came to making a visit to Hells Gate based at
the heart of Naivasha , a town
On reaching Hells Gate we were
welcomed by the scorching sun…
but it did not deter us from starting
our hike through the hills and beautifully crafted gorges. Photo taking
sessions started soon after the tour
guides had told us about the features inside; the gorges, the devil‟s
house, the devils kitchen, the devils
bedroom, the devils bathroom and
the devils washroom.
The names astonished us as much
as it astonishes you…I
mean the devils house???
The place was just beautiful…no amount of
words would sum it up.
Some places where also
dangerous and some
thick pink manila ropes
had been put so as to aid
people while going up
and down in a hill.
known to be a large tourist attraction due to its beautiful, breath taking and adventurous sites and camp
sites.
It was one of the best trips made…
Oooh also there is a place which
has really hot water and its said
that if you drink it will make you
more handsome or beautiful. Visit
Hells Gate and try seeing if the water really does so…and the real
meaning of „mabee‟
Meeting some small children with
a Maasai origin summed it all…
they were really hospitable and
thus depicting one thing they were
kind and nice they even offered to
be our tour guides. They taught us
On the 16th of November we were a word „mabee‟ we still don‟t know
set to go, people ensuring that they what it means but has become like
had pulled along one or two of
a common word to use…irony
their classmates, but the superstiright??
tious ones and those who associated the trip with hell were left behind…only to regret thereafter.
© Faith katam—Club Secretary.
12
The KUSOL MONTHLY 3rd Edition
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20th November 2013
EGYPT LIKELY FALL TO AL QAEDA
I am worried, very worried. The
experiment is still alive. My point
continent. I totally reject the view,
country of my childhood dreams
is that you can‟t wish political Is-
which the Egyptian military and the
the one my great-grandparents
lam away smother or suppress it
Western powers hold, that Islam is
called Misri may go to the dogs.
with democratic norms.
inherently incompatible with politi-
I‟m afraid the exotic land of Phar-
It‟s true that Islam missed the Age
cal democracy. From Islam‟s Gold-
aoh Cleopatra, the land of magnifi- of Enlightenment. That‟s the period en Age, 8th to 13th centuries that
cent pyramids, land of the children in the 17th and second half of 18th the Arab world was an intellectual
of the Nile, is in deep trouble. The
centuries when “reason” replaced
cradle of civilisation is likely to fall “belief.” Philosopher Immanuel
to Islamic extremists specifically
Kant said the Enlightenment transAl-Qaeda.
Centre for science, philosophy, education and medicine. Those who
know history can attest this, more
Extremists, whatever their stripe
formed humans from an “immature importantly; there was toleration of
state of ignorance and primitivism”. non-Muslim scholars such as Regu-
and ideology, thrive where open
This was the period for the rise of
la non Bullata.
dissent and popular will are extin-
Western secular democratic ideals.
Arab Muslims displayed a great
guished. The great incubator of Is-
Without it we wouldn‟t have liberal capacity and willingness for assimi-
lamic fanaticism isn‟t political reli- political democracy based on the
lating the scientific knowledge and
gion per se, but the increasing ina-
bill of rights as we know it today.
the cultures they conquered. For
bility of democrats to peacefully
The rivalry between Christianity
example a good example is the
tolerate it.
and politics, born of the Enlighten- Kenyan coast where there was
Suppressing political Islam only
ment has no relevance in Islam.
drives it underground, and makes it That‟s why there is conceptual divide between political Islam and
more radical. That‟s why Egypt,
peace and stability after the arrival
of Arab merchants until the invasion of the coast by Portuguese.
Saudi Arabia, Pakistan, and assort- democracy. It‟s the reason the
ed Muslim countries have become Egyptian military and the West
breeding grounds for terrorists. It‟s doesn‟t trust the Muslim Brotherhood with power.
like a pressure-cooker which explodes without a valve.
Suppressing the Brotherhood
The assumption that democracy
movement will most likely turn it
can‟t co-exist with political Islam is into a terrorist organization posing
absolutely wrong. Look at Turkey a major security threat across the
and Pakistan where a democratic
13
Continued on the next page
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
Continued from last page
It‟s true they were imperialists, but
The west refused to call this
It is already evident that the Mus-
so was the West before, during, and takedown a coup, effectively ac-
lim brotherhood would do every-
after the Enlightenment period. Is-
knowledging the unlawful action
thing at their disposal to have their
lam has normative wisdoms and
against a democratically elected
leader reinstated. A good example
ideals that are democratic. It‟s these leader of the Africa second most
is a suicide attack at a military
that must be harvested and nur-
populous nation. Mr. Morsi, now a
checkpoint north of Alexandria that
tured. But it won‟t happen if the
“martyr,” has been detained incom- left five soldiers dead. Earlier in
West sees terrorists behind the
municado in unknown location by
July brotherhood supporters en-
Muslim brotherhood movement
the self declared agents of the peo-
gaged regular police in gun fight
which is one of the Africa best or-
ple “Army”. The military has car-
that killed 26 security officers.
ganized political party.
ried out extra judicial killings, un-
The response of the military will be
The Egyptian military tried in vain
warranted declaration of state of
more repression. Egypt will then be
to stop the Brotherhood from win-
emergencies, arbitrary arrests, and a plunged into a civil war paving war
violent crackdown against the Musfor Ayman al-Zawahiri to declare
lim Brotherhood. The Army is do- Egypt as the new center of jihad in
ning the country‟s first ever democratic election in 2012. Brotherhood leader Mohammed Morsi
ing through bullets what they were
openly beat the western backed Ah- unable to do through ballots. What
angers me most is the high court
med Shafik in two rounds of free
and fair balloting. Egyptian
ruling in Cairo which ordered that
“liberals” puppets of the West were all Muslim brotherhood movement
assets be confiscated to the state.
wiped out. It was very clear that
Africa. Former dictator Hosni Mubarak successfully repressed the
Brotherhood, but that was before
the Arab Spring. The same tactics
can‟t and won‟t work in the present
situation. May God remember the
neither the West, nor the military
The persecution of the Brotherhood children of pharaoh.
and the “liberals,” would accept a
won‟t kill the group, Egypt‟s best
Muslim Brotherhood victory. In
organized party. It will only drive
July, after a little more than a year
the members underground, revamp
in office – President Mohammed
their support among the locals and
Morsi was overthrown by a unlaw- multiply their already overwhelmful conspiracy of the military and
ing numbers and hence make the
the liberals.
country an African Afghanistan.
14
Geoffry mbui
Third year
[email protected]
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
WALK TALL
By NDONGA TILLEN OKOTH
Man comes
to this world
without his
consent and
leaves it
against his
will. On earth, man has to do certain things that differentiate boys,
who dream, from men who do and
that brings us to the adage
“mwanaume ni effort”. It is only
then that man can secure a place in
the table of men where he can lift a
jug of keg for a meticulous toast.
In infancy, man is an angel and
everyone wants to kiss him. In
boyhood, he is a devil and everyone wants to mount on him with
hooves – in fact all accusing fingers are one him „lest I see you
next to my daughter again you rascal‟. When he obey God‟s commandments and goes to church
every Sabbath, he is dogmatic and
a hypocrite, when he does not, then
he is a sinner and he will not have
a glimpse of that „Estate with proper accommodation‟.
When he visits social halls, he is a
drunkard and disorderly. When he
does not, then he is primitive,
backward, illiterate: in fact he is
dining on the wrong side of history. When he chops his money, he is
extravagant and only wants to
show off, when he does not, then
he is stingy, mean and a miser.
When he as a good command of
the „feminine world‟, then he is a
prostitute, when he keenly supervises his zip then he is a fodder of
cowardice.
If man has a family and kids, he is
a king .When he is a bachelor, then
he is just a mere bunch of social
amalgamated misfit wallowing in
the miasma of eunuchy. When he
is rich and prosperous, then he is
corrupt and unscrupulous – he only
amassed wealth through unbecoming means. When he is poor, then
silence is called by his very name
for nobody wants to give him audience, even the surrounding is sceptic of what comes from him.
When man dies young, then „he
would have had a great future‟.
When he lives to a ripe old age,
then „he only made a wish‟. People, it is quite evident that there is
nothing you could do under the sun
that will please everyone for one
man‟s tool is another man‟s weapon. Just strive to be yourself, believe in your ethos and do not be
cowed by bunches of retrospect for
behind every successful man, there
is a pack of haters.
John Stuart Mills in his article liberty of thoughts and Individuality
espouses that liberty in thinking
enables one to seek his/her own
very best. It liberates a diversity of
interests to the benefit of individual
and of all, and it will nurture moral
freedom and rationality. With rationality comes creativity and the
means of social and intellectual
progress. Mill further delves and
says that the best sort of person is
one who is individually responsible
for his own beliefs and actions. Not
people whose ethos and actions are
simply those that conform to some
custom, or are simply those that
they have always had or held, or
are those asserted to be correct by
third parties. The best kind of beliefs and actions are those that
emerge from a person‟s own critical assessment and the best kind of
person is that who can provide as
required those critical assessments
thereof.
Individuality is also premised on
intellectual fairness – you have to
listen to what others say but then
you have to strike preponderance
between listening to what other
people say and your very sense of
thought and personal opinion. You
have really strived just to be where
you are currently. Do not lest a
mere product of coitus malign your
sense of humanity and belonging.
Thank God for helping you to be
you, and walk tall.
People say that motivation doesn’t last . Well ,
neither does bathing. That’s why we recommend
it daily…….Quote byZig Ziglar.
15
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
KENYA ; ALMOST FALLING IN LOVE WITH
DEMOCRACY
20th November 2013
THE 5 C’s BY MY MAMA
Mama told me to beware,
For she knew the dangerous but
simple looking 5 C’s ,
by Yegon Emmanuel
she told me that the 5 C’s had stolen
dreams and destroyed destinies,
Kenya is almost falling in love with democracy; with heart- judiciary, soul- legislature and mind- executive.
Mama looked at me in the eye and
warned me,
The journey of falling in love has been difficult, deadly and
daunting.
She said the 5 C’s were the secret
Democracy has not played hard to get, but nevertheless getting
her is hard since she is allergic to some habits such as tyranny
and tribalism.
Mama named them:
weapons men used,
CASH, CAR, CREDIT, CHIPS and
CHICKEN,
The steps are significant and scintillating;
From the days of turning a blind eye to torture in the chambers,
to the days of losing your job for pinching Kerubo‟s nose.
From the days of puppet judges pulled by the president, to the
days of daunting decisions deleting his dull decisions defying
the constitution.
From the days for tribalism and cronyism being the criteria for
employment, to the days of „circumcision‟ in live television.
My mama told me to beware,
And I made a promise to my mama
to be-ware,
For the 5 C’s that men use could confuse me, convince me then crush me,
From the days of women being restricted to smoking in kitchen, to the days of the golden two –thirds rule.
And mama told me to share this
From the days of one party, to the days of partying in the parties that has led to a hobby called party hopping.
And to tell them; BEWARE OF THE
with all the girls I could find,
5 C’s.
From the days of watching one‟s mouth when speaking of the
president , to the days of will nilly bickering and bursting of
abuses- in fact the president doesn‟t mind it and he is master at
it.
From the days of compulsory wigs in courts to the days of an
earing in court and in parliament.
We have really made steps.
We are members of ICC and have shown exemplary corporation, not even USA have achieved that fete.
The steps are significant but it takes many more steps to fall in
love with democracy;
Bad habits such as fighting after elections, tribalism, corruption
and many others have to go!
The letter in the form of Constitution of Kenya 2010 to our potential democracy), was very romantic! She loved it but they
are all lies without implementation.
16
COURTESY OF THE PEER COUNSELLING DESK.
© Mary Nyawira
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
THE POETIC PEN
I LOOKED INTO YOUR EYES
A TUNNEL LIGHT END
I looked into your eyes
Silence, darkness.
A beauty they are, indeed
Not a light in the furthest
But what I expected to see
Reaches that my eyes can test,
That was not there; indeed
And yet,
When I looked into your eyes
There’s a shimmer, a glimmer,
I expected your soul, but I saw glazed windows
A hint, a rumour,
Of hope yet to come.
When I looked into your charming eyes
I noted the brightness they exuded
A tremble in the earth.
The hopes, the dreams, the wishes, the reality
All peeking through those amazing orbs that are your eyes
But, when I looked into your eyes
Trembling expectantly, eagerly.
And as that shimmer, ever brightly,
I expected to confirm the truth of the statement
Increases, the tremor afoot, charging
The eyes are the windows to the soul.
Almost an earthquake,
But that was not to be, when I looked into your eyes
I finally see IT!
‘twas a pleasurable experience, it was
That light
I got to see the little of what really exists inside
That ever-so-spoken of light.
Your eyes, which are the windows to your soul
A glimmer, a shimmer…no more
Amazing beauty, charm, grace, and a little more else
But now, a beacon
That completed the complexity that is
A herald as it beckons
The human being in you
Drawing my tired limbs
To the horizon
But the eyes, o, the eyes
Hope, potential
Such grace, splendor, mystique and truth
Unstopped, raw, expectant.
A little each of all, a little less of more
All these are the volumes that I read through your eyes
Some interesting, some very amusing
Stuck to the shaking ground,
All showing the complexity of nature, human nature
Ignorant of the sound,
But like a little girl peeking from behind her mother’s skirt
A clank, a roar, a whistle.
The clarity, in being clear, was unclear
A rush of air, oncoming,
As I realized that I was not looking at your soul
Right for me; crushing me
But a reflection of me in your eyes.
Too enticed, engrossed, absorbed,
To get off the tracks,
By Evans Ochieng
Of the oncoming train.
Third Year
By Mutegi James Third Year.
17
The KUSOL MONTHLY 3rd Edition
www.ku.ac.ke/schools/law
20th November 2013
BEYOND MY KEN
‘Tis way beyond my ken,
Why this thirst, why this yen,
THE KUSOL MONTHLY
For paper and for pen,
E:MAIL :
Visits me upon season when,
[email protected]
‘Twas nearly lost on all men.
Facebook page :
Way beyond my ken it is,
The Kusol Monthly
Why desire such as this,
Articles can be forwarded to the email before the 26th of each month.
Will oft from deep down hiss,
And oft bids me miss,
© Editorial Committee.
Its majestic monarchy, as I would a rose’s
kiss.
Way beyond my ken is it,
Why ‘twas my heart that was lit,
That this thirst should so closely knit,
As if bound by sealed writ,
Sponsored
That it could so properly fit.
Pray me, was I ever right,
To heed my thirst to write?
Or did I suffer certain fright,
Under art that glittered so bright?
Help me catch my sight.
By Ken Mulwa—KUSOL
[email protected]
18
by