The World is Bizarre
I’ve been paying attention to the news lately and all sorts of crazy and bizarre things have been happening. Earthquakes, Tsunami’s, wars, etc, etc. However, I suppose on another level, that has always been what the world was like and in this respect, I’d like to introduce my next topic, which is, how one should analyze this bizarre world.
I want to begin with Willy Mutunga and his wearing of a diamond stud. Most people don’t think it’s an issue, but I think that for a 64 year old Kenyan man, choosing to wear an earring in a conservative culture such as Kenya’s, is actually bizarre. Mutunga’s explanations on why he chose to wearing a earring left me thinking…well…that’s even more bizarre. First, he said it was for religious purposes. Which religion requires this? Then, he said, he was doing it in reverence to his African ancestors. Did Africans wear diamond studs? If he wanted to keep it real, what he should have done was cut his ear loop and put in an ivory piece (because that’s what they did).
Then, I start wondering why this man with bizarre behavior is being so highly touted to become the country’s chief law interpereter. He’s never been a judge and thus, there’s no record on how he might rule on any specific case that comes before him. The bulk of his legal career was working for civil society and human rights organizations. So, has he ever litigated a case in the real world?
Then, I heard that he’s been twice divorced (which is fine) but that he doesn’t financially support the children from his second marriage and I’m like…who is this guy? Nobody seems to care about these questions. The only thing they’re looking at are his supposed academic writings and his educational credentials, but as we’ve seen with the IMF chief who just got arrested for sexual assault, when someone voluntarily decides to run for public office, an examination of their private lives is absolutely in order because it will affect their judgements (& when you are applying to become a judge, judgement is crucial).
However, it becomes even more bizarre when I read that both Kibaki and Raila support his appointment and I start thinking to myself..well, that’s odd. Since when have Kibaki and Raila ever agreed on anything? Some may say that’s a good thing, but the only explanation I have for this is that Kibaki is very confident that the redistricting he engineered will virtually ensure that Raila has no chance to win and thus, a tribally oriented chief justice will not be that important in 2012.
So, since we’re talking about the law in general, I want to conclude by saying that the emphasis I’m seeing (whereby people in Kenya are placing so much faith in legal systems, e.g. a new constitution, a new chief justice, etc, etc) is also bizarre to me. It is bizarre to me because, legal frameworks will not address the underlying economic problems. i.e. unless that society becomes more productive and starts creating jobs for those 40 million (& growing) population, an implosion will eventually be in order.
I don’t know if anyone here read the constitution, but I did and I thought that it was a poorly written document, full of grammatical error’s, missing sentences and generally bizarre. How will that document change an agrarian society (I thought to myself). More democracy, but you still don’t have jobs? It doesn’t make sense.
Then, I look at Ben Bernanke and realize that he is going to print and print and print (he has no choice anymore) — America cannot pay back it’s debts and Bernanke will default via printing. So, the economics blogs I read, tell me that this printing is going to create massive inflation (worldwide). We’re already seeing the effects of this inflation in the Middle East. People couldn’t afford to eat and they took to the streets. Sub-Saharan Africa is poorer than North Africa. Why haven’t they started rioting yet? Someone told me that you can’t have revolutions in tribal countries, which is true, but if Bernanke keeps printing, food and energy prices are going to keep going up and the poor are going to get hit the hardest. No amount of new constitutions or diamond stud wearing Chief Justices is going to be able to stop what’s coming and that is when things will start get interesting.
You cannot avoid the relentless math problem forever. That’s the only question I ask myself when I read about constitutions and chief justices. How will they resolve this relentless math problem?
i posted here because i could not find an email address or name to correspond within your organization….please, i’m traveling to nairobi and Nyahururu from June 3 to June 23 2011 with an NGO entrepreneurs program funded by the us state department…love to connect with you and perhaps be introduced to your community…i am representing two media “outlets” http://www.eonetwork.tv and http://www.Treppingout.com and would love to schedule a few interviews with a variety of your entrepreneurs…sorry for the late notice…just found your site!
KE,
I’m not dismissing Mutunga off-hand. I’m just saying I won’t bet on his being CJ bringing much needed changes in the judiciary as long as Kibaki / Raila et al are in charge. Like you, I’m wondering why Kiabki / Raila has so much (forced?) confidence in him.
Also like you, I’ve been slightly (?) worried by the looming damage the worldwide inflation is going to have on the world economies. Here in Kenya, things certainly don’t look so rosy what with the daily price hikes. Yet nobody is talking about it. It’s all about how the constitution is going to make life better for all of us with a bloated government and now, to top it off, KES 2000/= per month to the over 60 year old citizens “to cushion them against the rising inflation”. Makes me wonder of we have any economists at all in government.
Chiron, Anybody endorsed by Rev Njoya cannot be dismissed off-hand. The telling point Njoya makes about Mutunga is that he deliberately avoided Parliament as he saw it as “… the graveyard of intellectualism.”.
Many of the reformers who disappointed us entered politics which in Kenya require tribal and money-driven approaches which inevitably leads to disappointing performance of policians – See latest Nation article by Njoya endorsing Mutunga
(http://www.nation.co.ke/oped/O.....index.html)
KE – One explanation is that Kibaki and Raila consider the candidates independent and not aligned to one side – essentially a draw that they can live with. On the other hand, not sure if 2 principals are not playing a long game and leaving it to their Parliamentarians to block the nominations.
The 2 nominees may prove to be independent or may be a disappointment – I cannot be 100% certain. What I like is that the nomination process has increased the chances of getting more independent judges.
Geoffrey – Lawyers and judges are part of the same legal fraternity with similar, experience and frequently interact in court. A better parallel is that of military forces with air force, army, navy etc. Appointing the 2 nominees will be the equivalent of making an AirForce General and Navy Admiral, the Chief of Staff and Deputy Chief of Staff in charge of Army, Navy and AirForce. This a common occurrence and can work effectively.
KE,
When one looks at it soberly, the odds against Mutunga ever doing anything meaningful are definitely stacked against him. If I were a betting man, I’d keep my money in my pocket.
Why? Look at all the other activists who came into government in 2002 and what they have become. Both Kibaki and Raila, two anti-reform “reformists”, know exactly what they’re doing. Anyone here think they both want a truly independent judiciary to ever go after them or their offspring in the future?
A chief justice who has never been a judge, deputized by a lawyer-activist who has never been a judge either. I think Kenya has lost its sense of statehood because no country would allow such a thing. Even Moi, with all his flaws, could clearly have seen the dangers of such appointments. It’s like appointing a Chief of General Staff who has never been a soldier.
Panafricanist:
Let me tell you what I don’t understand. I don’t understand why either Kibaki or Raila would cede power to an NGO activist like Mutunga and my bewilderment is built on the premise that neither Kibaki or Raila was ever interested in true democracy.
What all politicians in Kenya (& Africa) are interested in is power and money. Why? because wining the presidency in any African country is akin to winning a mega-billion dollar lottery. The state, literally becomes your piggy bank and once that happens, you can literally ensure that your future offspring will never, ever have to worry about money again. Think of people like Uhuru Kenyatta and Gideon Moi. Then, add in their children and children’s, children. The money stolen will ensure their financial survival.
So, why would Kibaki, Raila or any other politician cede power to a 64 year old diamond stud wearing activist? Who is this guy Mutunga and why do the politicians trust him so much?
KE, Back after a long time. Concur with you that if we do get jobs for our youth, the “unmentionable” will hit the fan and we will be well on our way down to the level of Cote d’Ivoire (which has frightening parallels with Kenya) or worse, Somalia.
The key difference is our new constitution,a more assertive Parliament, devolution via counties, more transparent appointment procedures, term limits and new political leaders reduce tensions and alienation as well as increase participation which, in turn, buys us time to figure out how to generate the jobs and get production going.
Although, I am sure you are likely to disagree, the improved governance of the Kibaki Government (in comparison to earlier authoritarian phases of Moi and Kenyatta Governments), has encouraged investments (real estate which generates jobs, higher investments in agriculture/agro-industries which generate jobs, etc) than in earlier times. The improvements are still way below what is needed to prevent long-term problems but it buys us time to figure out better approaches and institutions that can work better.
These new constitutional mechanism will enhance confidence as it will not be so easy for some connected fellow to simply take your hard-earned assets – the Judge with the diamond stud is unlikely to be easily bought off. I am still cautiously optimistic that this new constitution will be useful but (here I agree with you) not sufficient on its own.