It's not over yet.
I would have thought that the adrenaline would wear off at some point… you know, like a month, maybe two months into my stay...
As it turns out, it’s 6 months and counting and I’m still going full throttle – thoroughly exhausted but endlessly busy.
Since my last update, things at work definitely intensified:
In the beginning of February, the Kenyan judiciary hosted its first ever “Open Days” – which though mostly a PR event, successfully brought out hundreds of members of the public, to “demystify” the Judiciary, the judicial system and other legal institutions. I spent the first day at the LSK booth – filtering complaints and listening to people’s stories – of which there were many. One fellow came and told me how his court date was cancelled because of the event, and his parents – a small old couple standing behind him, who didn’t speak or understand english, but continued to smile very eagerly at me – had come from up-country to support him. They were all scared he would be sent to jail. He didn’t tell me what he did, but he sincerely explained that he was “a victim of circumstance,” and regretfully committed a crime. He had no legal representation and no money to afford a lawyer, so he came asking for direction. Sadly, there was very little I could give him. I pointed him to a few other CSOs that provide free legal aid – but I noted that they tend to restrict their cases to either ones affecting women or children or those with a public interest (like the LSK). The demand is just too high otherwise. I felt incredibly guilty giving him such little assistance, but I suppose my hands were bound by the many limitations of the justice system here – most prominently the lack of a national legal aid scheme (so far). It has been something I’ve been working on since I’ve been here – as a national programme has been in the works for 8 years – but what I’ve come to realize is that people drag their feet when it comes to implementation – and paying up. And by “people” I mean the government mostly.
The second day I spent at an open question period – in which about 12 or so High Court and Court of Appeal judges, put themselves at a “qualified mercy” before the public – who were able to ask questions of them (“qualified” because they were craftily able to answer whatever they wanted, in as general a manner as they wanted)… Still, they didn’t try to restrict the scope or type of questions asked. Which, lucky for them, were mostly in the nature of personal grievances and individual cases that had gone wrong or taken years to see any kind of result. I spent the last hour trying to get the Chair to “pick me! pick me!” – but with no success. I wanted to ask about the bigger picture and the necessary changes – about delay, equal gender representation in the judiciary, corruption and the discipline of judges, and finally, I wanted to get a public commitment to the now-waivering National Legal Aid scheme. But I got nothing. I gave up and walked out of the huge conference room and as I was doing so, a friend of mine, Justice Isaac Lenaola, a very progressive, young and enthusiastic Justice of the High Court and the leading organizer of the event, ran up to me, asking me where I was going, how things were, etc., I told him, “I’ve been trying to be heard!” – he said, “Wait! Let me see what I can do…” but as he was saying this, the Chair took the last question and wrapped up the event.
Too late.
Although I spent the afternoon having drinks with a few of the High Court judges themselves, with ample opportunity to ask whatever I desired – it was the public pronouncement that I really wanted.
The image of the young man with the cancelled court date now blends into the images I witnessed later during the week when I went to the Kibera Law Courts to sit in on some cases. So many petty robberies and people operating businesses without a licence – all very poor, all desperate, and all trying to get by. One young guy was sentenced to pay either 500 shillings or spend 10 days in prison for stealing 70 shillings – that’s $1 US. I imagine he’d find it quite hard to come by 500 shillings if he was stealing $1 – but I guess the judge didn’t concern himself with such details. The sentencing here takes place immediately after a guilty plea by mostly unrepresented accused who plead guilty because if they don’t, they spend more time in the rotten prisons, awaiting trial. The judge doesn’t consider any personal background in sentencing as the circumstances of the accused are never a factor in the commission of the crime. Of all things, one would think that their background and circumstances played a part…
The week after the Open Days event, I was heavily involved in preparing and then helping host a CBA [my bosses! – the Canadian Bar Association] Governance Workshop. It was 2 days of great interaction and reflection with some of the leading members of the legal profession (those involved in the governance of the legal profession). My only hope now is that the commitments and enthusiasm made and displayed, will endure beyond those two days to perpetuate the changes that are so necessary at the LSK. So many of the things we discussed, as simple as instituting an e-mail system of correspondence, were things that I’ve been pushing for since I arrived. It was refreshing to finally get a group consensus that these things are essential to progress, but so frustrating that it took having a 2-day organized workshop in order to get that consensus. Which still may not even result in anything unless the right people take the reins.
Okay, so I’m venting just a little.
A final work-related recency was our monthly luncheon, which was graced by the presence (which I’m sure had nothing to do with this being an election year) by Uhuru Kenyatta - the leader of the opposition, the ODM party, and the son of the founding father of independence – (who, by the way, looks just like his father in real life!) His speech was, as expected, a campaign speech, focusing on the issue of essential minimum reforms in the Constitution before the election (a hot issue right now). Although I know the LSK is in support of the reforms - I queried some of the LSK Council members as to how the LSK could be seen to be taking a non-partisan stance in general, when we invite Kenyatta to speak at our luncheon. I realize we invited the Justice Minister (Hon. Martha Karua) of the presiding party at our last luncheon – but frankly, I’m getting a bit sick of these token appearances – during which there is a lot fluff, a lot of talk, and very little pressing of the real issues. These would have been ideal opportunities to really cross-examine, as lawyers do, and yet, there are these underlying formalities that tend to keep peoples’ mouths shut. For instance, Kenyatta, in speaking of the current administration and the growth in the Kenyan economy, said, “they may have put food on the table but that doesn’t mean they can do whatever they want,” and I wanted to ask – not just of Kenyatta, but of everyone seated there at the luxurious Stanley Hotel, eating their five-course lunch – whether they agreed that “food” has really been “put on the table” – because as I see it – in the last few years, the rich have been getting richer, and fatter, but the poor are only getting poorer. As a testament to this, the following day, the United Nations released a report indicating that the gap between rich and poor in Kenya was widening at a disconcerting rate. Of course the administration has immediately refuted the statistics, not wanting such an issue to complicate the election. But the reality on the ground, points to the verity of those statistics. Kibera is a ready example. (I know there are many others, but this is just a place that I can personally identify as indicative of this country’s ignorance towards the poor).
Speaking of which, my friends Kim and Andrea arrived from Vancouver on Friday morning and we spent the day at Kibera – visiting HIV+ widows and their families, and helping them with clothes and money for medicine, rent, and so on. It was yet another deep look into the tragic problems that plague impoverished African communities. And sadly, the women were incredibly surprised that us “mzungus” were concerned about their welfare. No one, other than the NGO workers (such as MSF) who they come across at the clinics, had expressed such concern. One young girl, who was 32 years old but looked to be about 15, with 5 children, asked Robert (a friend of mine who lives in Kibera, works at KCYP and often takes us on our walks), in Kiswahili, if there were any words of encouragement we could offer her. I told him to tell her that her life wasn’t over, that she should continue to try to enjoy her life with much more ahead of her, that she was very strong and brave, and that we were very hopeful for her. He translated. She replied, that I was right, she was diagnosed in 1998 and was still living and doing her best at keeping positive. She told us not to forget her or the others once we went home.
And it wasn’t just her words that demonstrated such strength, it was also the fact that she said this within the darkened walls of her cow-dung hut, with no electricity, children at her feet, and no money for medication.
During the visit, I also tried to persuade Robert and the others in KCYP to investigate safari companies that have been taking people on tours of Kibera. An issue that has received partial media attention and the hostility of Kibera residents. I told him the companies were surely doing it for profit and very likely not contributing anything to the community. He agreed that it was unfair and said he would look into it - I’m hoping that in the very little time I have left, something will be said or done.
Other than work, and Kibera, I have managed to also squeeze in some quality time enjoying late nights and relaxing days with many of the good friends I’ve met here.
And now that Kim and Andrea are here, I’m back in quasi-holiday mode – hitting all the tourist spots and looking forward to another weekend on the coast. As it turns out, I hadn’t already done all there is to do in Nairobi! Yesterday, we visited an animal orphanage (in addition to the elephant orphanage and giraffe breeding centre) – where we managed to finagle our way behind the barriers into a cheetah’s lair! Where a very placated and sleepy cheetah awaited us. Kim and Andrea were a little hesitant to get too close at first, but I was all over it! I sat down and started petting and cuddling her, as she started to purr and roll around on her back so I could scratch her stomach and kiss her face. I couldn’t pull myself away, it was one of the most amazing moments of affection I have ever experienced! Eventually I did have to pull away, but I don’t think I’ll ever forget being able to cuddle and roll around with a loving and full-grown cheetah. (Especially after having witnessed cheetahs viciously chasing gazelles and other prey while I was in the Mara…)
Animals are just the most remarkable creatures – our guide told us of a lioness in Samburu who had adopted a baby topi (a deer-like animal) in 1998, whose mother had been killed by lions. It received international attention because she was mothering an animal that normally would constitute her dinner. People surmised that the lioness was raised by humans who had other animals, and she therefore had a natural affliction to other species like the topi. She had previously adopted two others who were eventually killed by other lions.
Perhaps our civilization – both humans and animals – aren’t as naturally savage as Locke would have us think afterall.
Though at the same time, I’ve also noticed that philanthropy may not come so naturally either.
So I remain – partially optimistic and partially jaded after all of this.
Kwaheri for now.
As it turns out, it’s 6 months and counting and I’m still going full throttle – thoroughly exhausted but endlessly busy.
Since my last update, things at work definitely intensified:
In the beginning of February, the Kenyan judiciary hosted its first ever “Open Days” – which though mostly a PR event, successfully brought out hundreds of members of the public, to “demystify” the Judiciary, the judicial system and other legal institutions. I spent the first day at the LSK booth – filtering complaints and listening to people’s stories – of which there were many. One fellow came and told me how his court date was cancelled because of the event, and his parents – a small old couple standing behind him, who didn’t speak or understand english, but continued to smile very eagerly at me – had come from up-country to support him. They were all scared he would be sent to jail. He didn’t tell me what he did, but he sincerely explained that he was “a victim of circumstance,” and regretfully committed a crime. He had no legal representation and no money to afford a lawyer, so he came asking for direction. Sadly, there was very little I could give him. I pointed him to a few other CSOs that provide free legal aid – but I noted that they tend to restrict their cases to either ones affecting women or children or those with a public interest (like the LSK). The demand is just too high otherwise. I felt incredibly guilty giving him such little assistance, but I suppose my hands were bound by the many limitations of the justice system here – most prominently the lack of a national legal aid scheme (so far). It has been something I’ve been working on since I’ve been here – as a national programme has been in the works for 8 years – but what I’ve come to realize is that people drag their feet when it comes to implementation – and paying up. And by “people” I mean the government mostly.
The second day I spent at an open question period – in which about 12 or so High Court and Court of Appeal judges, put themselves at a “qualified mercy” before the public – who were able to ask questions of them (“qualified” because they were craftily able to answer whatever they wanted, in as general a manner as they wanted)… Still, they didn’t try to restrict the scope or type of questions asked. Which, lucky for them, were mostly in the nature of personal grievances and individual cases that had gone wrong or taken years to see any kind of result. I spent the last hour trying to get the Chair to “pick me! pick me!” – but with no success. I wanted to ask about the bigger picture and the necessary changes – about delay, equal gender representation in the judiciary, corruption and the discipline of judges, and finally, I wanted to get a public commitment to the now-waivering National Legal Aid scheme. But I got nothing. I gave up and walked out of the huge conference room and as I was doing so, a friend of mine, Justice Isaac Lenaola, a very progressive, young and enthusiastic Justice of the High Court and the leading organizer of the event, ran up to me, asking me where I was going, how things were, etc., I told him, “I’ve been trying to be heard!” – he said, “Wait! Let me see what I can do…” but as he was saying this, the Chair took the last question and wrapped up the event.
Too late.
Although I spent the afternoon having drinks with a few of the High Court judges themselves, with ample opportunity to ask whatever I desired – it was the public pronouncement that I really wanted.
The image of the young man with the cancelled court date now blends into the images I witnessed later during the week when I went to the Kibera Law Courts to sit in on some cases. So many petty robberies and people operating businesses without a licence – all very poor, all desperate, and all trying to get by. One young guy was sentenced to pay either 500 shillings or spend 10 days in prison for stealing 70 shillings – that’s $1 US. I imagine he’d find it quite hard to come by 500 shillings if he was stealing $1 – but I guess the judge didn’t concern himself with such details. The sentencing here takes place immediately after a guilty plea by mostly unrepresented accused who plead guilty because if they don’t, they spend more time in the rotten prisons, awaiting trial. The judge doesn’t consider any personal background in sentencing as the circumstances of the accused are never a factor in the commission of the crime. Of all things, one would think that their background and circumstances played a part…
The week after the Open Days event, I was heavily involved in preparing and then helping host a CBA [my bosses! – the Canadian Bar Association] Governance Workshop. It was 2 days of great interaction and reflection with some of the leading members of the legal profession (those involved in the governance of the legal profession). My only hope now is that the commitments and enthusiasm made and displayed, will endure beyond those two days to perpetuate the changes that are so necessary at the LSK. So many of the things we discussed, as simple as instituting an e-mail system of correspondence, were things that I’ve been pushing for since I arrived. It was refreshing to finally get a group consensus that these things are essential to progress, but so frustrating that it took having a 2-day organized workshop in order to get that consensus. Which still may not even result in anything unless the right people take the reins.
Okay, so I’m venting just a little.
A final work-related recency was our monthly luncheon, which was graced by the presence (which I’m sure had nothing to do with this being an election year) by Uhuru Kenyatta - the leader of the opposition, the ODM party, and the son of the founding father of independence – (who, by the way, looks just like his father in real life!) His speech was, as expected, a campaign speech, focusing on the issue of essential minimum reforms in the Constitution before the election (a hot issue right now). Although I know the LSK is in support of the reforms - I queried some of the LSK Council members as to how the LSK could be seen to be taking a non-partisan stance in general, when we invite Kenyatta to speak at our luncheon. I realize we invited the Justice Minister (Hon. Martha Karua) of the presiding party at our last luncheon – but frankly, I’m getting a bit sick of these token appearances – during which there is a lot fluff, a lot of talk, and very little pressing of the real issues. These would have been ideal opportunities to really cross-examine, as lawyers do, and yet, there are these underlying formalities that tend to keep peoples’ mouths shut. For instance, Kenyatta, in speaking of the current administration and the growth in the Kenyan economy, said, “they may have put food on the table but that doesn’t mean they can do whatever they want,” and I wanted to ask – not just of Kenyatta, but of everyone seated there at the luxurious Stanley Hotel, eating their five-course lunch – whether they agreed that “food” has really been “put on the table” – because as I see it – in the last few years, the rich have been getting richer, and fatter, but the poor are only getting poorer. As a testament to this, the following day, the United Nations released a report indicating that the gap between rich and poor in Kenya was widening at a disconcerting rate. Of course the administration has immediately refuted the statistics, not wanting such an issue to complicate the election. But the reality on the ground, points to the verity of those statistics. Kibera is a ready example. (I know there are many others, but this is just a place that I can personally identify as indicative of this country’s ignorance towards the poor).
Speaking of which, my friends Kim and Andrea arrived from Vancouver on Friday morning and we spent the day at Kibera – visiting HIV+ widows and their families, and helping them with clothes and money for medicine, rent, and so on. It was yet another deep look into the tragic problems that plague impoverished African communities. And sadly, the women were incredibly surprised that us “mzungus” were concerned about their welfare. No one, other than the NGO workers (such as MSF) who they come across at the clinics, had expressed such concern. One young girl, who was 32 years old but looked to be about 15, with 5 children, asked Robert (a friend of mine who lives in Kibera, works at KCYP and often takes us on our walks), in Kiswahili, if there were any words of encouragement we could offer her. I told him to tell her that her life wasn’t over, that she should continue to try to enjoy her life with much more ahead of her, that she was very strong and brave, and that we were very hopeful for her. He translated. She replied, that I was right, she was diagnosed in 1998 and was still living and doing her best at keeping positive. She told us not to forget her or the others once we went home.
And it wasn’t just her words that demonstrated such strength, it was also the fact that she said this within the darkened walls of her cow-dung hut, with no electricity, children at her feet, and no money for medication.
During the visit, I also tried to persuade Robert and the others in KCYP to investigate safari companies that have been taking people on tours of Kibera. An issue that has received partial media attention and the hostility of Kibera residents. I told him the companies were surely doing it for profit and very likely not contributing anything to the community. He agreed that it was unfair and said he would look into it - I’m hoping that in the very little time I have left, something will be said or done.
Other than work, and Kibera, I have managed to also squeeze in some quality time enjoying late nights and relaxing days with many of the good friends I’ve met here.
And now that Kim and Andrea are here, I’m back in quasi-holiday mode – hitting all the tourist spots and looking forward to another weekend on the coast. As it turns out, I hadn’t already done all there is to do in Nairobi! Yesterday, we visited an animal orphanage (in addition to the elephant orphanage and giraffe breeding centre) – where we managed to finagle our way behind the barriers into a cheetah’s lair! Where a very placated and sleepy cheetah awaited us. Kim and Andrea were a little hesitant to get too close at first, but I was all over it! I sat down and started petting and cuddling her, as she started to purr and roll around on her back so I could scratch her stomach and kiss her face. I couldn’t pull myself away, it was one of the most amazing moments of affection I have ever experienced! Eventually I did have to pull away, but I don’t think I’ll ever forget being able to cuddle and roll around with a loving and full-grown cheetah. (Especially after having witnessed cheetahs viciously chasing gazelles and other prey while I was in the Mara…)
Animals are just the most remarkable creatures – our guide told us of a lioness in Samburu who had adopted a baby topi (a deer-like animal) in 1998, whose mother had been killed by lions. It received international attention because she was mothering an animal that normally would constitute her dinner. People surmised that the lioness was raised by humans who had other animals, and she therefore had a natural affliction to other species like the topi. She had previously adopted two others who were eventually killed by other lions.
Perhaps our civilization – both humans and animals – aren’t as naturally savage as Locke would have us think afterall.
Though at the same time, I’ve also noticed that philanthropy may not come so naturally either.
So I remain – partially optimistic and partially jaded after all of this.
Kwaheri for now.
posted by Nadia at
3:32 AM
0 Comments:
Post a Comment
Subscribe to Post Comments [Atom]
<< Home