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 2 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. 3 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 www.ku.ac.ke/schools/law 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