Tuesday, July 27, 2010
Kenya: The harsh reality
2:07 PM | 
Posted by
Krox's world |
The other day I was talking to my dad on some really solid issues that were bothering me. Obviously the main agenda was linked to the constitution which is a major topic in Kenya. Don't get me wrong, I'm not talking about the constitution, rather, I am talking about Kenya as a society. Before I even go further, it is important to know that the constitution is integral to the running of any state in the world.
I quite cant tell where this conversation started from, but it was linked to development of African states. Not many African countries are developed. Not because they would not want to, not because they do not have the capacity to,(in form of resources) but because of the deep culture of impunity that has got hold of the African people. It is not a strange thing to be asked to bribe, or to be offered a bribe. Some do it in the most decent way possible, some offer to buy you a soda,or take you out for lunch. As much as this may not be seen as bribery, truth be told, it is. The culture has grown in us so much that we always think in those lines no matter what. It is pathetic. I have seen some well dressed , respectful police men pick bribes from matatus form not as well dressed touts as they.
Some months back, my best friend was getting his National identification card for he had lost the other one. What surprised me the most is that the ladies serving him bluntly and rudely refused to serve him until he gave out "something". Eventually, he gave out twenty shillings, and believe it or not, they took it and served him. And the system is like that. It is rotten to the core.Corruption starts from the highest form of government. From the ministers themselves.I won't even stress on that. There is no African who doesn't know that. (although I am informed that otther African states are better off)
Still, that is not what I wanted to talk about. It is just that knowing how the system works eats me up so much.
There are many rights that are provided for in the current and proposed constitution that do not take effect in this our country. For one, you are not supposed to be arrested from not having an identification card at night. There is no such law. Then you are supposed to be arrayed in court within 24 hours. While at it, you are supposed to be innocent until proven guilty. Unfortunately, the opposite happens in Kenya. You are guilty until proven innocent.
Back to where this conversation between my dad and I was. I came out boldly, and told him how I have a right in this country. What followed was a long talk and revealing truths about Kenya. I will share with you some, and if you are a Kenyan, the rest will automatically come to you.
Most of the times, some police men, who are obviously evil, will not arrest you and let you go Scot free. I have heard, and witnessed, numerous cases of people who were apparently caught with bang. As much as this is cliche` to you, It's true, people really get framed with bhang. When you go to court, for such a case, obviously, being like me , you will think to yourself,
"I know my rights, justice must prevail, I am guilty till proven innocent, they have got nothing on me," right??
well,my friend, you are wrong. I mean, its not all Kenyans that are able to afford a lawyer to tackle their cases. Very few can. The rest, spend more years in remand than they would have in prison.
I personally experienced a case, where an old man was taken back into remand for another 3 months (his case to be heard on September 14th) under charges that he was drinking chang'aa. Him, knowing ( I believe it is the truth) decided to stick to the truth that he was arrested falsely, but instead taken back into remand. Just like that, and the magistrate did not even want to hear what he had to say. Sitting there, I saw a number of people who were taken back into remand for weeks and some months awaiting the hearing of their cases.
This really cut me deep. You see there is no justice prevalent to all in this country. And that is the sad truth. I would mostly never have written about this, but it hurts knowing that you are living ion a nation where the beautiful reality never blossoms to its beauty. It hurts to know that the proposed constitution promises so much(whether amended or not) but that dream may not materialize. It also hurts me to know that many Kenyans like me, hope for the best, think that it will all be better someday.
I chose not to live in that optimism any more , As much as I am confident and hopeful this country will change. But until then, I'd rather admit that I had no seat belt on, even if I have, and pay a two thousand shilling fine, other than spending ages in Remand. I chose to accept the harsh reality. Just as it is.
I quite cant tell where this conversation started from, but it was linked to development of African states. Not many African countries are developed. Not because they would not want to, not because they do not have the capacity to,(in form of resources) but because of the deep culture of impunity that has got hold of the African people. It is not a strange thing to be asked to bribe, or to be offered a bribe. Some do it in the most decent way possible, some offer to buy you a soda,or take you out for lunch. As much as this may not be seen as bribery, truth be told, it is. The culture has grown in us so much that we always think in those lines no matter what. It is pathetic. I have seen some well dressed , respectful police men pick bribes from matatus form not as well dressed touts as they.
Some months back, my best friend was getting his National identification card for he had lost the other one. What surprised me the most is that the ladies serving him bluntly and rudely refused to serve him until he gave out "something". Eventually, he gave out twenty shillings, and believe it or not, they took it and served him. And the system is like that. It is rotten to the core.Corruption starts from the highest form of government. From the ministers themselves.I won't even stress on that. There is no African who doesn't know that. (although I am informed that otther African states are better off)
Still, that is not what I wanted to talk about. It is just that knowing how the system works eats me up so much.
There are many rights that are provided for in the current and proposed constitution that do not take effect in this our country. For one, you are not supposed to be arrested from not having an identification card at night. There is no such law. Then you are supposed to be arrayed in court within 24 hours. While at it, you are supposed to be innocent until proven guilty. Unfortunately, the opposite happens in Kenya. You are guilty until proven innocent.
Back to where this conversation between my dad and I was. I came out boldly, and told him how I have a right in this country. What followed was a long talk and revealing truths about Kenya. I will share with you some, and if you are a Kenyan, the rest will automatically come to you.
Most of the times, some police men, who are obviously evil, will not arrest you and let you go Scot free. I have heard, and witnessed, numerous cases of people who were apparently caught with bang. As much as this is cliche` to you, It's true, people really get framed with bhang. When you go to court, for such a case, obviously, being like me , you will think to yourself,
"I know my rights, justice must prevail, I am guilty till proven innocent, they have got nothing on me," right??
well,my friend, you are wrong. I mean, its not all Kenyans that are able to afford a lawyer to tackle their cases. Very few can. The rest, spend more years in remand than they would have in prison.
I personally experienced a case, where an old man was taken back into remand for another 3 months (his case to be heard on September 14th) under charges that he was drinking chang'aa. Him, knowing ( I believe it is the truth) decided to stick to the truth that he was arrested falsely, but instead taken back into remand. Just like that, and the magistrate did not even want to hear what he had to say. Sitting there, I saw a number of people who were taken back into remand for weeks and some months awaiting the hearing of their cases.
This really cut me deep. You see there is no justice prevalent to all in this country. And that is the sad truth. I would mostly never have written about this, but it hurts knowing that you are living ion a nation where the beautiful reality never blossoms to its beauty. It hurts to know that the proposed constitution promises so much(whether amended or not) but that dream may not materialize. It also hurts me to know that many Kenyans like me, hope for the best, think that it will all be better someday.
I chose not to live in that optimism any more , As much as I am confident and hopeful this country will change. But until then, I'd rather admit that I had no seat belt on, even if I have, and pay a two thousand shilling fine, other than spending ages in Remand. I chose to accept the harsh reality. Just as it is.
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