Tag Archives: law

Just Mercy

“In debates about the death penalty, I had started arguing that we would never think it was humane to pay someone to rape people convicted of rape or assault and abuse someone guilty of assault or abuse. Yet we were comfortable killing people who kill, in part because we think we can do it in a manner that doesn’t implicate our own humanity, the way that raping or abusing someone would.” -Bryan Stevenson Just Mercy 

Bryan Stevenson is my most prominent living hero. I’ve had Just Mercy for a while but I haven’t had the energy to open it up. I knew it would be a beautiful and moving memoir, but also challenging and heartbreaking to get through. This week I finally worked up the courage to read it, and it delivered on its promise to be nothing short of everything.

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I grew up wanting teachers in my life but never really got them. I’ve sat in the classes of authoritarians who thought the only way to teach pupils was to denigrate them when they struggled; break them at their weakest. Human beings so damaged by their own limitations that they seemingly sought to trap vulnerable targets in their insecurities. Curmudgeons who demanded respect not knowing what it meant to offer it in equal measure. Women who would encourage the demoralisation of other women. Men who endorsed gender inequality. I remember on several occasions trying to get my parents to switch me to a home school in high school because I did not want to become a sheep; complacently digesting what was being fed to me- barring all curiosity for what character I might birth with silent acquiescence. I feared I would lose my capacity to form independent thoughts and dismiss acts of impunity because I was told to simply not worry about it.

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Unfortunately, my parents rejected the idea of home school, displeased with my inability to confront growing pains more pragmatically. So instead, I think I started to read non-fiction to learn from the teachers I wish I’d had. People who commit themselves to the very purpose for which they were born and have the audacity show up on time. This is where books are my closest companions- lessons from real teachers. The ones who do not give out homework assignments, but force us to acknowledge our inherited duties to someone or something on this earth that we owe our best efforts. The ones who are patient enough to listen to the voices of children when they cry out, and speak to them from a place of true consideration. Bryan Stevenson is my ultimate teacher.

In Just Mercy he talks passionately about his remarkable work, while driving a narrative of lamentation for what indiscretions the American judicial system ought to remedy. Be it the release of the wrongfully convicted, a reduced sentence for a lifer or the abolition of inhumane legislation (including capital punishment)- his words are not choked by despondency but rather inspired by resilience. It is a tragedy that none of my living heroes are men or women I know, but such a relief that the written word has allowed me to find educators in script.

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We may not be able to touch the hands of those that inspire us, but what a gift it is to know of their work, and thus know their hearts.

I don’t believe in a lot of things/people anymore.

But I believe in Bryan Stevenson.

On many days, that’s really all I need.

People of color in particular please read Just Mercy.

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Diaspora Diaries: How do we justify burning a child alive?

Repost from: Chathe and Ebra 

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Fire by Matty Ring

 

 

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Pity is not a taxable income!

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In my experience, it is not uncommon as an African to hear comments about Africa. Most of them are negative, and occasionally misinformed, but all of them are said with such confidence, as though anyone with a functioning mouth is a workbook of knowledge on the state of Africa. But as an African I would like to comprehend what it is people get from making these announcements? Are you searching for a sense of heroism or a pat on the back for demonstrating that you have ‘working feelings’? “Oh there is so much poverty”- congratulations you have eyes. “Oh the starving children in the slums make me so sad”- well done, your heart isn’t made of stone.

What do you accomplish by saying things about us that you pretend don’t exist in your own countries? Have we begged you for pity and opinions, or does this come free of charge? Your dollar-a-day campaigns; your endless supply of grains because children will not suffer from kwashiorkor if they can swim in an undying stream of millet and maize meal; your “quick, we have to save the Africans from themselves“ attitude? You initiate “Hunt-Kony-Down” movements and show pictures at dinner parties of that poor African girl you sponsor, through that multinational NGO, with $25 a month who, “bless her, sends a thank-you note in terrible handwriting whenever she can get her hands on some paper and a stamp in the village”. You take pictures and record stories to share among your social circles, as though we are animals of a different species, with no voices of our own. So while Museveni is passing heinous laws, and other African leaders and criminals are committing unfathomable atrocities, your attention is on what you think is the REAL problem. Why should we make a puppet our priority, when he’s a dispensable pawn on the chessboard of a greater monopoly? Honestly, if I am starving, I’m not focused on the future; I’m living for the present. So ask me to take a picture and give me some food in return, and HEY PRESTO- starving African kid acquired for FB #tbt picture upon your return home. Hunger is a deplorable demon- don’t take advantage of how easily manipulated someone is in that state. Jacob and Esau people, it’s a heck of a story. You’re not a hero, you’re today’s meal ticket.

Perhaps it’s that you’re trying to “save” us by encouraging perpetual dependence on you. But this is not the 16th century- we’re not trying to encourage one-hut missionary schools in a field of dust somewhere in the middle of the Kalahari, where people are learning to read and write, so they can achieve basic literacy for blue collar work- we’re fighting for REAL development that gives EVERYONE a chance to dream of a dignified future. Why must we sell our children a dream, when we know that your ostensibly “helpful” handouts are not sustainable? You say poverty and Africa like one would Australia and beaches. But Africa has beaches, flamingos and sunshine; Australians are just very good at hiding their poverty- so why must we assume the SOLE role of poster child for destitution? You say Africa and aid like New York and dreams. But you don’t do any research as to what this money is used for or whether it is actually beneficial, but the fact that it’s aid MUST mean it’s good. You don’t think we dream? You don’t think there are some people in New York in need too? And yet you will also say Seychelles or Mauritius and associate them with honeymooning and luxury, like they are two magical lands where Dora the Explorer and Boots play. DO YOU KNOW WHERE THE FUCKING SEYCHELLES ARE?

When we don’t put coins in a beggar’s box on the street, it isn’t because we have hardened hearts and have rejected to acknowledge the state of our nations. In many cases it’s because we realise that feeding a man today, doesn’t guarantee he will eat tomorrow. Imagine spending your life begging and every day you live is another day you MUST beg to eat- is this life or is this cruel impending death? There are Africans who work diligently IN AFRICA, who assess the situation, identify the cracks in the system; corrosion of the chains, and their blood sweat and tears go into sustainable development; strengthening of institutions; improvements in the legal system; improvement in healthcare; microfinancing for lower level income earners; investment in quality education; fighting corruption; trying to educate the population on failing leadership; cutting ties with greed; addressing lack of proper security; funding entrepreneurship; exploiting freedoms under the constitutions; investigating how mineral wealth can subsidise poorer communities, etc. If we don’t address the problems that perpetuate poverty, we give it a platform to fester. Would you weed a garden by snipping off the top, or do you pluck from the root? People are WORKING, really WORKING to create something that the generations that follow can inherit. We’re not sitting around waiting for a hero- but we cannot fix many LIFETIMES of errors in a day. So forgive us if we don’t worship the ground you walk on because your band-aid solutions have not as of yet proved SUSTAINABLE in the long run. I know at the end of the day, many people will take offence to what I have said, because your intentions may be pure, but your approach sits unevenly. So please, I IMPLORE you, for the sake of the poverty stricken Africans you ‘weep’ for, if you take nothing else from this, at the very LEAST acknowledge that your pity is not a taxable income.

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Anti-Homosexuality Act 2014

My views on the Anti-Homosexuality Act that was recently passed in Uganda. If you like the video please share it 🙂 If you haven’t heard about this Act, please look it up- it’s worth your time and opinions.

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05/03/2014 · 7:16 pm

Kenya: 50 Years on and not a whole lot to be proud of.

“The law helps the vigilant before those who sleep on their rights.”

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As we mark the 50th year of Kenya’s independence, let us take stock of how we celebrated our “supposed” freedom this year. 50 years hence, have we justified our forefathers fight for liberty? Have we made them proud?

With regard to Children
In June it was reported that a teacher in Thika punished a student by making him drink a cocktail of his classmates saliva. Traditionally in Africa, cultural norms have been the underlying reason for the unquestioned respect of adults and authoritative figures alike, but how can we not see this incident as anything but an asinine, abuse of power. Is it not reason enough to revise these norms, which in the case of the above mentioned student, could serve to be detrimental to his health? Is it not contradictory that a learning institution responsible for the nurturing of young minds, is instead breaching the rights of the vulnerable? If this teacher goes unpunished, is it safe to assume that children are totally void of constitutional rights because they must remain obedient?

With regard to Women
On the 26th of June, it was reported that a 16 year-old girl was brutally gang-raped by six men, on her way home from her grandfather’s funeral. Following the attack the men discarded her in a deep pit-latrine which she managed to climb out of and call for help. After reporting the incident to the local authorities and even identifying her attackers, the officers proceeded to arrest the men, who suffered a once-off punishment of manual labour; this involved cutting grass in the police compound after which they were released. As a young woman, I find it incomprehensible that there could be a worse insult than to know an issue as serious as rape could be addressed with such mockery, as to equate the weight of court ordered justice to that of a callous officer/s poor judgement. If we discount the fact that the young lady already had a reason to grieve, and if we ignore the traumatic experience she miraculously survived; can we really pretend not to see the tragic weakness on the part of our legal system where a woman’s worth is ostensibly equal to that of a gardeners basic chores? Months later, justice has not been done but over a million signatures from people all over the world have called for the law to intervene. However, we must ask ourselves, why does it take international media coverage for something to be done about a problem in our backyard? Are we not our sister’s keeper?

With regard to Leadership
On the 6th of September it is alleged that Nairobi Governor, Dr Evans Kidero, slapped Nairobi Women Representative, Rachael Shebesh. Several videos showing the incident regarding this claim appear on YouTube, in which dialogue can be heard in accordance with what Shebesh has stated took place- though the Governor has denied the allegations. Having watched the encounter on YouTube, I do support the claim that Shebesh was assaulted and for whatever reason this event took place, it is my belief that we cannot afford to condone violence in any capacity. When the people who are supposed to represent our views fail to do so adequately, it is questionable whether we can count on them to uphold what we as a nation should be unwilling to compromise. If we do not protect our societal values and ethics, how can we prove their existence? I am not dismissing the fact the Kidero may have been provoked, I simply ask what qualifies as leadership in a country where a government official would respond in such a primitive and unprofessional manner? What is the role of leadership in Kenya if not the example we should live by?

With regard to Security
On the 21st of September, a group of unidentified gunmen attacked Westgate Shopping Mall, killing approximately 72 people and injuring many more. The attack lasted four days and is allegedly the doing of Al Shabaab terrorists, displeased with Kenya’s military presence in Somalia. While the heartbreak and trauma that these terrorists have caused is unspeakable, perhaps what is most disheartening is watching a video of our own police officers looting where civilian blood has been spilled, and bodies lay sprawled out on the ground. As they looked and witnessed the loss of life, what possessed them to think it was okay to pick and chose their moments of heroism, disassociating themselves from their vows to protect and serve, ignoring the temptations of greed and undue advantage? If the ones we trust to protect us only do so when they think they are being watched, can we trust them to come to our aid in a time of helplessness? Can we preach security when we have reason to doubt our own?

With regard to the Election
Perhaps the most important of reflections must be that of our presidential election which took place in March. This year the international community, as well as Kenya, waited with bated breath for the results of the presidential election. The constant reminders of the devastating 2007 post election violence promoted a welcomed effort at tolerance among neighbors and members of different ethnic groups. Now, months after the nation has chosen a head of state, the imminent ICC trial is looming over our heads, stalking our movements, crippling our ability to address the growing challenges we face in this country. The law stipulates that one is innocent until proven guilty and given the importance of the law, allow me to quote a well known officer of the court. Nelson Mandela stated the following at the Rivonia Trial: “During my lifetime I have dedicated myself to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die.” I have introduced this quote in order to pose a question. Is not the foundation of a great leader the selflessness in which he acts? While I respect the choice that Kenyans made in electing our current leaders, I cannot help but wonder whether true admiration would come from one who waits to clear his name before throwing his hat in the ring; knowing full well the plausible implications that one’s absence could have on their beloved country if said person is found guilty of a crime?

Kenya, 50 years later we have a lot to atone for. What is written above has not begun to touch on the vast amount of problems that currently plague us. I have not addressed the torturous scenes of mob justice that make it okay for a desperate pick-pocket to be beaten mercilessly without the luxury of legal representation in a fair trial. I have failed to detail the greed that has potential to rob the people of Turkana of an opportunity to benefit from the newly discovered oil, in what has been a region previously and unfairly ignored. Where does one search for the reasoning behind the stealing of babies for sale on the black market, or the armed robbery of hard working citizens on unsafe, unreliable forms of transportation? How do we begin to outline the blatant disregard for the law that leads to fatal accidents and a growing culture of bribery?

My point is, Kenya is broken. We seem to have lost our sense of humanity. We seem to be oblivious to the need for accountability. Have we become so complacent or so desperate to fit into this corrupt system, that to a foreigner, we might appear mere savages masked as men? If you disagree with what I have said, I respect that it is your prerogative to do so. But this Kenya is not one I am interested in inheriting and it is one, which as it stands, I am embarrassed to call home. I refuse to find comfortability in its brokeness, and if destiny has it that our sole claim to fame be our great runners, then I should only wish my Nike’s could carry me far enough to a time in the future when Kenya is as it should be. I don’t believe the reality we are living is the dream our heroes died to fulfill. Our Kenya is our responsibility and if we do not progress the work that was done 50 years ago to set us free, we will regress into something regrettable.
We will become the monster we saw in the colonialist.

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