8/16/2016

THE BOOK OF OPINIONS

| By Alphonce Odhiambo

As you read remember these are

just thoughts and opinions. You
may agree with some and you may
disagree with some.

LEGAL OPINIONS
The reasoning behind the 18 year rule.
What is the reasoning behind the 18 year rule, otherwise referred to as the majority age? Is 18
year threshold a mere declaration of law or a scientific conclusion that on attaining 18 years the
human brain develops in such a manner that gives people capacity to enter into legally binding
agreements? How much reliance does one need to place upon the age of another as he or she
considers engaging them in specific activities? In contract law one of the requirements for a
valid contract is capacity to contract. Contractual capacity is then defined to mean legal
competence to form a valid legal contact and those below the age of 18 are considered to lack
that particular capacity. The same age requirement is confirmed by the Age of Majority Act Cap
33 at Section 2 and Alcoholic Drinks Control Act at section 28. This same law was applied in the
case of Mercantile Union Guarantee Corporation Ltd vs Bell in declaring a contract entered into
by a miner in which he intended to buy a lorry for his business to be void. This doesnt surprise
me much, what surprises me is the fact that the same laws allow a girl at the age of 13 and a
boy at the age of 16 to enter into much more important contracts. In my opinion, a marriage
contact needs to have a higher requirement in capacity than simple business contracts. This is
in consideration of what is at stake in both contracts; in business what is lost as a result of any
contact can be recovered through an award of damages yet in a marriage contract no amount
of damages can take anyone back to where he or she was before the marriage (e.g recovery of
youth). Secondly, in a marriage one gives up certain rights that he or she would otherwise have
if he or she was to retain singlehood. Finally, it is much easier to walk out of a business contract
than it is to do the same in a marriage contract. The proof that one needs to convince a court of
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law that a marriage has broken irreparably during divorce petition is much harder to procure
than a few lousy reasons needed to walk out of a business contract. This brings me to the
question I wanted to ask, can someone be so kind as to explain to me why it is okay for a
person who lacks capacity to do simple or less important things to be allowed to do complex or
more important ones? I put it to you that it is this ease of entering into marriages that makes it
easy to mess up peoples lives. A girl with a very promising future gets married at 15 and by the
time she is 22 she has 4 or five children and the man has walked away in search of younger
women. I believe that if at the age of 14 a person has legal competence to make marital
decisions then he or she can definitely make better business decisions. If this is not the case
then no one should be allowed to get married below 18 years, it should be 18 or more than 18.
Divorce petition
In a divorce petition, after the judge or the court has felt convinced that sufficient proof has
been availed as to broken nature of the marriage( Marriage Act, section 83), they will not only
allow the petition (Marriage Act, section 90)but will also handle the division of matrimonial
property between the petitioners that were once married (Matrimonial Property Act section 7).
One of those pieces of property that the court is to determine how to share or who to give it to
is the matrimonial home (defined at section 2 of the marriage Act). If the reason why the court
allowed the divorce in the first place was as a result of fault of the part of the man; adultery, 3
year desertion, cruelty or insanity, can the court allocate or give to the woman a matrimonial
home that is built on or situated at the mans ancestral land? Does the location of matrimonial

property affect the division of that property in cases of divorce? (Take note of the difference
between ancestral land and communal property).
Feminism
Of all the impossible or failing fights, there is not another I have recently heard like the fight
against gender based violence. I think it goes without saying that gender based violence is
mainly against women and girls and the few cases of men get special public attention because
they are indeed always special situations. All the laws, affirmative action, public support and
religious backing will be useless if ladies themselves do not decide to whole heartedly engage in
the fight .There will be no success, at least not now when girls themselves see renowned
feminists as women who lack morals and ability to raise families. At least not now when
beautiful girls sneak out of schools to undergo female genital mutilation because the societies
they come from have made them believe that they are not beautiful enough, that they are not
eligible candidates for marriage and that they remain children if they dont undergo the act.
They base their whole purpose of existence on marriage and are ready to do all it takes to be
eligible for marriage. The fight will never be won if girls still believe that being beat up by men is
a sign of love, they endure pain and suffering in marriages with abusive men thinking they are
loved. A grown woman in the United States files an application seeking to divorce her husband
whom she, even during the proceedings, describes as her soul mate, her best friend and says
that they had no problems at all. Her only reason for divorce was that the husband was too nice
and the beating didnt come when she expected it to; whenever she did something wrong the
husband didnt beat her up, the husband said I love you too many times and for these reasons

the lady wanted a divorce. The fight will not be won if girls still think that all they have to offer
is their physical appearance. Having constant and regular update of their rack, hips and faces on
social media on a daily basis and some as much as twice a day. The day a girl in a little simple
town will say loud and clear enough that her life and purpose of existence is not pegged on
marriage, doesnt revolve around men and that her choices in life are not dictated by the
bygone traditional and barbaric definition of what a woman should be or behave like or
trending styles, fashion or mode of dressing and behavior, that is the day the fight will be won.
You dont have to hurt your beautiful legs walking on high heels or walk almost naked putting
on short or transparent dresses just because thats what the society describes to be ideal or
trending. Breathe some life into the war against gender based violence by refusing to be a
victim, be yourself by setting new standards to be identified with not the identity that women
have been associated with throughout history. As long as the female population has to wait for
men or somebody else to fight the war for them we are always going to remain where we
started.
Here is post that will be a bit long but totally worth your time, I guarantee. There are two types
of short sightedness; medical short sight and visionary short sight. Medical short sight or
myopia is a condition where the light that comes in does not directly focus on the retina but in
front of it causing the image that one sees when looking at a distant object to be out of focus.
On the other hand visionary short sight is the inability of one to see beyond the immediate
problem at hand, commonly said that he or she cannot see beyond his/her nose. In this post I
focus on visionary short sight or lack of foresight, I hope you can stay to see the tail end of it.
Most people always focus on solving a small problem using whatever means at their disposal
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without thinking about what happens next. They make permanent life decisions based on
impulses or just take serious steps in life just because of someones opinion. You walk down
some street in a big town and see a billboard or post advertising vacancies in a prestigious
company. You read through it and see you have all the requirements for the job and you
convince yourself you will get the job. You draft a letter of resignation and present it to your
boss in the job you are currently employed. The company accepts your letter of resignation,
employs your replacement and pays you all your dues. You fail to get the other job, get back on
the streets jobless just like all the other millions of people just because you didnt think of what
would happen if you failed to get the job. The best example is what happens when people fall in
love, they stop thinking. You meet someone you really like, everyone around you make you feel
insecure and you start believing that its just a matter of time before he or she finds someone
else. All your friends like him or her and they tell you he or she is out of your league, they make
you believe that you will one day wake up and find him or her gone. All you are concerned
about now is making sure you avoid the chances of him or her leaving you at any cost. You
convince him or her to move in with you and you cohabit for just enough time for the law to
recognize you two as married. Some also use pregnancies as a way of making sure the union
lasts longer, you get a girl pregnant so that the rest of the boys can stop coming after her. Some
girls also trap men by deliberately getting pregnant and using responsibility over that baby to
keep the man in their lives for as long as they can. The only question that all these boys and
girls dont ask themselves is what next? What happens after you have managed to keep that
boy or girl, man or woman that youve been made to believe is out of your league? The answer
is so simple, laws kick in. You manage to keep her to yourself using cohabitation and when
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disagreements arise courts resolve it. This is when you discover the effects of divorce and
sharing of matrimonial property in proportions that wont be to your liking. You spend the rest
of your life painfully paying for her maintenance even though you are no longer married. The
worst scenario of all is a girl who is very vocal about feminism, believes in equality of all genders
but when she meets this man she ends up marring him under religious customary laws or
African customary law. You marry into a community that allows men to sleep with multiple
women without marrying them, a community that forces women to dress in a certain way, a
community that does not allow a woman to lift a single finger without written permission from
her husband and a community where a woman is expected to take orders from the mans
siblings and uncles. When issues arise they are resolved under the customary law of the mans
ethnic community and as you know 99.9% of customary laws are oppressive to women and
favors men over women. You come from being a free woman to a slave with very limited rights
and freedoms just because you were solving an immediate problem of keeping the man and
forgot you believed in equality. In other countries such as Botswana, customary law is
exempted from prohibition against discrimination meaning that even the most unfair practices
under customary law will not be challenged before courts. The amazing part is that when you
prince charming comes to meet your parents in choppers, Mercedes Benz, range rover and
limousines you think its modern, just because there is glamour in the way he chooses to do an
introductory session doesnt make it modern, its still African customary law. Say NO to
visionary shortsightedness, think before taking any step because one wrong move can change
your life in a way you wont believe. Sometimes its wise to let those who want to go go and

those who want to stay stay without any manipulations or tricks, it can save you from so much
regret.
The effect of amendment to legal instruments
What is the effect of amendments to Constitutional provisions and repeal of Acts of
Parliament on ongoing cases? For example, if there was a law in Kenya that stated that
smiling at a person of opposite sex suggestively constitutes sexual harassment and you
got charged with an offence contrary to that particular law. If someone else goes to
court challenging the constitutionality of that law and courts indeed declare it
unconstitutional, what happens to your case? Does it continue taking into account the
law that existed at the time the offence was committed even though that provision has
been declared unconstitutional? Do you get charged afresh under the new or amended
law where the situation will be to the effect that that law is applied to your case
retrogressively? Does the law let you walk away against legitimate expectation of the
complainant that at the time he or she come to file a complaint, it was clear that
whoever commits that offence should be punished by the law as it was the law at the
time?
The place of chiefs in dispute resolution process
Long before I come to law school, I asked myself what the level of fairness was in a case
presided over by a chief of an assistant chief. I for one have had the distinct displeasure of
seeing for myself a case being handled by a chief in the early days of 2012. I took it upon myself
to research into the operations of the chiefs and their justification during my free time as it
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seemed the least I could do. I treated myself to a cocktail of questions ranging from their source
of authority, their legal duties, procedures for handling cases, what remedies one had if they
were wrongfully judged by the chiefs, why people have their case resolved by chiefs and finally
to where exactly the place of chiefs is in the dispute resolution mechanism in Kenya. Am afraid
my findings on the matter are not as impressive and interesting as I would have had them be.
The chiefs and assistant chiefs all derive their authority from the Chiefs Act Cap 128 of the laws
of Kenya revised in 2012 and Im sad to say that there is not a single line in the whole act that
says that chiefs have the mandate to hear and determine cases. My sadness comes from the
fact that for a long time now this has been the done thing, chiefs have given themselves the
authority to hear and determine cases and in the process causing so much injustice to so many.
Unlike in a court of law where judges and magistrates have a code of ethics controlling their
behavior and are actually trained to resolve cases, the chiefs are not. Chiefs will easily form an
opinion against a person merely based on his appearance. Hairstyle, dressing and tone of voice
whether male or female will be put into account in determining guilt which should not be the
case. A chief will decide that one is guilty and order for punishment of the accused immediately
and sometimes do the punishing themselves. If one wanted to appeal the decision of a chief it
would be of no use because there is nothing, not even compensation can take away the pain
that is already inflicted on ones skin. In a dispute resolution mechanism, the one given the
power to resolve disputes has to maintain the highest level of neutrality and objectivity
because its the only way he or she can find the truth. In a situation where the accuser and the
chief are on one side and the accused on the other, its not realistic to expect any fairness in the
process. Just to be clear, section 8 of the Act states that the work of the chief is to prevent
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crimes from being committed. They are to do this by arresting suspects and taking them to the
nearest police station or presenting them in court. In the words of the Act and any person
arrested under the power conferred by this subsection shall, without delay, be taken to the
nearest police station. Being under the authority of a person who is the source of his own
authority is not a move I would advise anyone to take. Neither the backlog of cases in courts
nor the cost of litigation should be reason enough to make one seek the services of a person
who is not empowered by any law to perform those particular functions. I consider myself to be
a fairly flexible and open minded person so if there is any law in sight that explains why the
chiefs do what they do please show me. Until then, use courts and the pro bono services
offered by advocates if you cant afford an advocate. Dont deny yourself justice.
The success of the rule of law
The success of the rule of law not only depends on the judges, advocates
and police force but also on the general public. The willingness of the
citizens in a particular state to live their lives according to set rules and
policies is to me the main pillar that supports a legal system. There are
sources of law in Kenya that in my opinion of no benefit to those they are
meant to protect if the general public is not made to respect and support them. The
Constitution of Kenya 2010 at Article 53 (1)(b), Section 28(1) of Basic Education Act no 14 of
2013, Childrens Act 2001 section 7(1) and (2) (revised in 2010) and Article 28 of the United
Nations Convention on the Rights of the Child all provide for the right to free and compulsory
basic education in respect of children with the meaning of everyone below the age of 18. In my

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opinion Kenya is still one Act away from making these laws useful to the child in the Kenyan
context. There needs to be an Act of Parliament that outlaws belittling of a childs goals or
dreams, telling the child that his or her goals are too big or small, telling them that whatever
they hope to be in life is unrealistic by anyone including the parents and teachers; It should be
an offence punishable in law. Children must be allowed to pick whatever goals they want to
achieve in life without control or influence from anyone. The free and compulsory basic
education then comes only to help them achieve their goals not as a goal in itself. As long as it is
okay to discourage children as much as we want, make them lose interest in the things that
initially interested them the most and impose our own dreams on them and expect them to
achieve, those laws will continue to be useless to them. Its like watering a plant whose roots
have been cut off and expecting it to grow, totally impossible.
Human rights
Before one goes to court to claim that his or her rights have been infringed upon or denied
there must be proof that that particular complainant is entitled to those rights. The source of
rights in Kenya is the constitution under chapter 4 the bill of rights and in the constitution,
every person is entitled to those rights, article 20(2). Some rights are universal while some are
domestic; we enjoy them by virtue of being Kenyans. This brings me to my first set of questions;
who is a Kenyan? What makes us Kenyans? Does having a national identity card make us
Kenyans or is it that being a Kenyan guarantees us a national identity card? What is more
important, the ID card or citizenship? I believe citizenship is more important and once one
acquires it through one of the numerous ways of acquiring citizenship in Kenya, he or she

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should be extended the same protection under the constitution just like the rest of the citizens.
Basing reliance on the above analysis, I believe deportation of Somalis from Daadab refugee
camp is morally wrong and unconstitutional. Somalis have been allowed to live in those camps
for several (years 25 years)now and children have been born in those camps. Some of these
childrens parents have since died, some have grown and Kenya is home to them. If these
children were to be deported with the rest of the people in those camps we Kenyans would be
sending them to a strange place which they know nothing about. To the adults Somalia may be
home but to the children born in Kenya their home is here, Kenya. They acquired Kenyan
citizenship by birth and that acquisition came with rights that must be protected by the Kenyan
government. Secondly one of the reasons given for the planned closure of Daadab refugee
camp is that it has become terrorist breeding grounds. To me this is a blanket judgment that
will lead to children paying for the sins of their fathers. If the adults in the camps are involved in
illegal activities, then the government needs to deal with those adults and leave innocent
children out of it. The question is, are Somali children born in Kenya Kenyans? If they are then
why does the government want to deport its own citizens to a strange place? A person who was
born in 1992 in the same camp is now 25 years old, is that a Kenyan or a Somali?
Acquisition of citizenship
After a long and confusing discussion cum argument during children and the law class, a
resolution to which I hold a reservation was arrived at. The issue was that when an expectant
woman or lady boards a plane and without knowing that her time to deliver has come, ends up
delivering on the plane as it flies, the new born acquires the nationality of the state that owns

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the airspace. The reasoning behind this was based on the property law maxim cuius est solum
eisus est usque ad coelum et ad inferos which in English means that whoever owns the soil
owns all the way to heaven and down all the way to hell. My reservation is based on the
following basis; i) whether the property law maxim mentioned above applies strictly to fixed
property or to humans as well; ii) whether human fall within the definition of property to begin
with; and iii) the issue of jurisdiction of states. In my understanding the effect of aircrafts, ships
and embassies that have flags of other countries are considered to be an extension of the
territory of the states that own them. Kenyan embassy in Switzerland is a small Kenya in simple
terms. According to article 14(1) and (2) of the constitution of Kenya 2010, it doesnt really
matter where or on what vessel one is born; whether its in Morocco on a motor bike, South
Africa on a wheelbarrow, Venezuela on a parachute or Italy on a Rolls Royce, as long as one of
the parents is a Kenyan then he or she becomes a Kenyan citizen by birth. Can any forth year
taking FLB 413 remind me why and how we came to arrive at the property law maxim, It seems
I wasnt really concentrating.
Right to honest negative opinions in Kenya
Do you as a Kenyan have a right to hold an honest negative opinion about another person,
situation or institution? An example of an honest negative opinion would be something like,
Hallo, you look pretty ugly this morning. I believe that by the time you read to the tail end of
this post you will make up your own mind whether you do or dont have that right. There is a
difference between freedom of expression and freedom to hold an opinion, the constitution
provides for the two separately. Article 32(1) provides for the right to hold an opinion while

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Article 33 provides for the freedom of expression. Hate speech is only an exception to freedom
of expression but not right to hold opinion. There is no exception to the right to hold an opinion
anywhere in the 2010 constitution. The constitution does not go further to explain what
constitutes an opinion or the nature that ideas should take for them to be regarded as opinions.
How do you tell when someone is communicating his or her honest opinions from times when
they deliberately intend to insight others? Do courts read into the intention of the accused
when deciding cases to do with hate speech charges, or is it only about what was said? Where
is the line drawn between an honest opinion and hate speech? What if your very honest
opinion is defamatory to someone else or considered to be amounting to hate speech? Here is
what lord Denning had to say in Slim Vs Daily Telegraph 1 all ER 497; if the writer is an honest
man expressing his genuine opinion on a subject of public interest, then no matter that his
words conveyed derogatory imputations, no matter that his opinion was wrong or exaggerated
or prejudiced and no matter that it was badly expressed so that other people read all sorts of
innuendos into it; nevertheless he has a good defense of fair comment, his honesty is the
cardinal test. He must honestly express his real views. So long as he does this he has nothing to
fear even though other people may read more into it. I stress this because the right of fair
comment is one of the essential elements of free speech. In light of all the cases that end up
in court as hate speech, can you confidently say you are entitled to your honest negative
opinions about people of government?
Customary law
Summary

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1. There is no common African customary practice.

2. Not everything that happens in the rural areas constitutes African customary law.
3. People should learn to say I do not like this and that instead of that is not our culture.
The highest percentages of people who talk of African culture or customs know very little if not
nothing about African customs. They commonly judge everything everyone does and compare
it to their illusion of what African culture should be. In Swahili we say, sisi kama waafrika. I
find it amazingly misleading when a person from one region tells others from other regions that
what they do is against African culture. What is considered to be a customary practice in one
region may be regarded as taboo in other regions. If Luos decide to go to the river and
circumcise their boys it wont be a customary practice, the same applies to Kalenjins removing
their lower teeth or Kikuyus piercing their ears like the Maasai do. As long as that act has not
been in practice since time immemorial it is not a culture as long as that ethnic or tribal group is
concerned. For this reason, wearing of miniskirts for instance is not against African culture so
should not be condemned. There were African communities that used to cover their nakedness
with very tiny animal skins that if compared to the miniskirt, the skit wins the length race. For
that type of tribe or community one cannot say that wearing miniskirts is against their customs.
It is also wrong to say that putting on long or baggy dresses and cloths makes one more of an
African than the rest. If you are from tribe A and you dont know what constitutes a customary
practice in tribe B then you cant pretend to know what is against African culture for the person
you seek to judge. If you dont like how someone dresses, cooks, talks, decorates his or her
body or anything else, simply say I do not like this and that instead of blaming it on African

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culture. It is we Africans that give African customary practice a bad name by always associating
it with things that are not in any way related to it.

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MOTIVATION
This section is meant to be encouraging but there are no guarantees, it may fail to serve its
purpose.
1. Realness of men and women
For some time now Ive watched on youtube, read countless articles, books and even witnessed
in real life this debate about realness of men or even women. I didnt go through the trouble of
perusing through these materials so as to be a real man but out of curiosity of knowing what
people really mean when they say someone is or is not a real man or woman. While I celebrate
the ever changing spectrum of masculinity, I totally do not appreciate the cultural patterns,
pressures and expectations that men endure from the ladies on whether they are really real
men. Using the term real man implies that a man who is doing or being the opposite of what
qualifies to be real is somehow fake or inferior to others. We need to stop checking if men have
stuck up to the stereotypes of real men we see in movies, soap operas and billboards. Is a body
builder more of a man than those slender athletes? Is Bill Gates more real than a low salary
earning primary school teacher? Is a woman who drives tractors in road construction less of a
woman than models? We need to allow people to embrace and express their own unique flavor
of masculinity and understand that there is no such thing as a real man or woman. There are
only two people on earth; the person you are and the person people want you to be. You dont
have to shave, dress, speak or exercises in a particular way to be more real than you already
are. You are real if you say you are.
2. The tragedy of the truth
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Truth as defined by the dictionary is being in accord with facts or reality to an original standard
of ideal. The most difficult thing about the truth is that its always certain, precise and simple
set of facts that once said its always over. There are no two truths, better truth or more
interesting truth. Most of the time its always possible to say everything you want to say in one
single sentence but then does that work to your advantage? Ask yourself these questions; when
was the last time you had a nice long honest conversation with anyone without having to
exaggerate or withhold certain facts to keep them interested? How much did you have to say?
After that encounter did they yearn for a second conversation with you? Answers are all to the
negative, with the truth you have so much to lose and so little to achieve. If you want to stay
relevant to a person who means something to you then there are certain hard choices you have
to make. You have to make this one person see you in certain light: you say what they want to
hear, go where they want you to go, dress how they want you to dress and so much more. You
hate clubs but you go frequently because you want him or her to say you are a fun loving
person. You hate meat but you keep buying because its the only way you can share a meal with
him or her. You want to sit down and study but you cant because keeping him or her requires
constant and frequent picnics and walks in the park. You want to be seen as being strong
financially so you borrow from everyone you know to keep the status quo but then you keep
getting deeper and deeper in debt. You know very well that the person you really are and the
person your special one dates are two very different people. For how long can you keep looking
into the eyes of a person you care about and lie over and over again just to keep them around?
This is where the crossroads come in, do you stick to the truth and be this undateable, most
boring person the world has ever seen or do you keep living a lie being the person people think
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you are instead of the person you really know you are? Think about this as you go for holiday.
Congratulations to the graduating class and happy holidays to the rest of the student body.
3. Activism
Activism is not about preaching to the converted. Its not about motivating the already
motivated. Its not about talking to people who are ready to fight or people who are well aware
of what they want to do. Its not just about what one does but when; timing is so important. Its
all about going to places where something doesnt exist and creating one; hope for the
hopeless, courage for the afraid and strength for the weak. Its about changing the minds of
people who have been made to accept bad situations as their fate when it shouldnt be so.
Activism is meant to enlighten women who have been convinced that their place is in the
kitchen and the kitchen only and they have accepted it. Its meant for a skinny child in a rural
school with a funny name who when asked what he wants to be when he grows up he says an
advocate or a university lecturer but then he is told to be realistic and pick something else. Its
meant for the benefit of girls who are convinced to just stay at home when others go to school
because someone will come and marry them and take care of them and they actually bought
that. Its about making people understand that everyone is responsible for his or her own life.
That if they do what people want them to do then theyll be what people want them to be BUT
if they do what they want to do theyll be where they want to be. If you want to be an advocate
you need no permissions or approval from anyone, just go be it. To me a hero is not one who
fights other peoples battles but one who makes people get up on their own feet and fight for
themselves.

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4. Truth, honesty and principles

I can say with absolute certainty and without fear of contradiction that the most difficult thing
to be is truthful, honest and principled. Living or leading a lifestyle in which you clearly state to
yourself and to those around you that this is my life, these are the things I can do and these
other ones I cannot accommodate. These are the things I believe in and Im not willing to lay
them down for any person or reason whatsoever. The strength and the will to say thank you
but no thank you to the offers that go contrary to your belief and the ability to make decisions
and stick by them regardless of the consequences. I believe that there comes a time in the life
of a normal human being when he/she is faced with multiple options to choose from. Are you
going to lead your life making everyone happy except yourself or will you think about your own
life and disregard the opinions of everyone else? In the book of Kings, Prophet Elijah says to the
Israelites as follows Today let Israel make a decision; if Baal is god let him be worshiped and if
God is God let him be worshiped. In the book of Joshua when they are going to Israel he tells
the Israelites as follows; choose ye now whom you hall serve, the Lord of the Amorites or the
Lord God. As for me and my house we shall serve the Lord. Am not talking about religion or
the Bible but the act of making a decision. Will you sacrifice your dignity, morals and self
respect just to fit in or will you learn to fight for something? Choose ye now whom you shall
serve.
5. First impressions
First impression is that general conclusion you make about a person you meet for the first time
during the first moments of your encounter. First impressions are supposed to be a glimpse into
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what someone is like not a final call to who he or she truly is. The way people are dressed, their
hair style, walking style, accent , how much they say when you talk, language etc contribute a
lot into the kind of first impression people have about us. Just because someone seems to have
certain traits doesnt mean they truly have them. Reserved people always seem shy or lack
interest because they say only what they have to say and speak when they have to speak. They
dont jump into conversations uninvited but when they finally speak its a lot of sense. You need
a friend with specific qualities but then he or she looks exactly opposite to what you are looking
for. The first impression you have about them is totally bad but when you get close enough to
hear then speak you become speechless. It goes without saying that first impressions are
limiting in many ways. Sure we get a positive or negative vibe about a person but more often
than not it really limits our ability to know someone beyond a superficial level. Be patient and
have an open mind, dont let first impression be the guiding point to someones overall
demeanor. Everyone deserves more than just an initial judgment call. Dont think you have
people figured out merely on the basis of first impression because chances are you dont have
any clue about them. Take a risk and do more than just looking, make a step and say hallo, say
something and you will realize how wrong you have been so far about them.
6. Tradition of pursuing a girl
The long practiced tradition of running after a girl for ten months was useful and practical back
then when relationships and marriages lasted a life time. A time when dating led into marriages
and one was convinced that however long it took to convince the girl into accepting a date
proposal; the union would be a very peaceful and long lasting item for the betterment of those

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involved. The issue of cheating in relationships was there but not all over the place like it is
now; courts are on a daily basis accepting new divorce petitions on grounds of infidelity, those
in the armed forces keep shooting people left right and centre over women and young people
in universities keep killing each other over girls. That particular practice of running isnt really
economically viable at this age in time, not when breakups are like the new thing in town;
everyone wants to try them. For what reason would someone want to run after you for ten
months if you are only going to date for two months and break up? It is this tradition of running
after a girl for so long that gives them the illusion that they are at the only position of power in
relationships. That is why most girls find it easy to wake up one fine day and walk away for no
good reason expecting boys to keep running after them endlessly. I know am quite a dreamer
but I believe this is a period in time when there is equality of both genders; neither is above nor
below the other. This is a time when its perfectly okay for a man to come home and fix his
family some food without feeling guilty for something he cant really explain. A time when a
lady can ask a man out on a date and foot the bill without asking for any assistance from the
man. A time when a lady can actually put a marriage proposal on the table if she is dating a man
who takes forever to make up his mind. This is a time when girls dont really need boys or men
to help them make up their minds; saying NO/MAYBE expecting that he will convince you to
change it to a YES. This is a time when everyone knows what they want and can make decisions
without the need for other peoples input. You meet at a round table and ask, ARE WE DOING
THIS? The other confirms or declines, YES WE ARE. They both do what they can and life
continues. Who wants to be first in saying the customary statement, IT IS NOT THAT SIMPLE
even though we all know it is far much simpler than it actually sounds.
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7. The mind
The mind is one of the most important assets we have. Predominant thoughts influence
behavior, attitude, actions and reactions we have. If you think you are not good enough for
something or someone then you are; if you think you are sick then even the most mild of
headaches will keep you bed ridden; the mere thought of weakness is strong enough to weaken
your muscles. Whatever you feed your mind, whether positive or negative directly dictates its
output. Every single time you change how you think you actually become a new person because
we are not how we look or feel but how we think. I premise this little piece on the arguments of
these worthy individuals;
1. French philosopher and mathematician Rene Descartes who said Cogito Ergo Sum
meaning I think therefore I am
2. Steve jobs; founder of Apple company said people who are crazy enough to think
they can change the world are the ones who do
3. Henry Ford ;the founder of Ford Motor Company whether you think you can or you
cannot you are right
4. Nikos Kazantzakis; a Greek novelist, play writer and philosopher in order to
succeed we must first believe that we can

It doesnt have to be a beginning of a new calendar year, academic year or birthdays, every
time you change how you think its a new beginning for you. As early as now, start feeding your
mind what you want it to produce. I think it has been sufficiently established that when it
comes to the mind, INPUT is directly proportional to OUTPUT.
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8. The search for happiness

The search for happiness was, is and will always remain mans main goal. However long one may
take to accomplish any goal it remains short term where happiness is in question. Everything
we seek ; be it academic qualification , love , company , power ,control , peace and so much
more, they are all aimed at making us happy .The search for happiness has come a long way ,
from I who live today to Aristotle who died in 322 BC. Several authors and thinkers have
written on and spoken about happiness some of them being Aristotle, Helen Keller, Abraham
Lincoln, Mahatma Gandhi, Frederick Koenig, Thomas Jefferson, Marcus Aurelius and Carl
Sandburg. The reason why I tend to quote Aristotle so much is because of the situation he finds
himself in, he has credit for the creation of present day education system worldwide, he knew
more in those primitive times than we will ever know in modern times. He is the one who
classified areas of human knowledge into distinct disciplines such as mathematics, biology and
ethics but even with all these he didnt find satisfaction. As his death drew closer he decided to
write about happiness and declared it the central purpose of human life and a goal in itself. If
humans so blessed with brains not only to read and understand but also to create new areas of
knowledge can put aside all they had and dedicate their lives to finding happiness, why cant I?
The kind of happiness my old friend Aristotle and his comrades were after was connected to
achievement of goals that one sets for himself but the one I seek is largely connected to love
and all related to it. Of all the quotes I have read so far this is my most favorite, There is only
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one way to happiness and that is to cease worrying about things which are beyond the power
of our will by Epictetus. How, when and from what we derive happiness doesnt matter, what
counts is that we finally find it. Dont we?
9. Search for validation
Im amazed by how much we are ready to do just for validation. We constantly and repeatedly
ignore our own voices and opinions in matters where all we really need is just that. For most
girls its always all about what Tyra banks, Oprah Winfrey, Beyonce, Kim Kardashian or Rihanna
has to say about literally everything. Reasons for dressing how they dress, walking how they
walk, the kind of sports they play and even food is all about what some celebrity said or how
some celebrity looked in a dress. The same goes for the boys, walk into any gym and you will
find ridiculous reasons why they are there. One person is there for health reasons, another
trying to cut weight, another looking for six pack because thats what celebrities show in music
videos. Some people walk into the gym only to leave worse than they come because they had
no personal reason for the exercise but just validation from people who associate manhood
with muscles. One gets an imbalanced body or chest pains and some actually get killed by the
facilities at the gym for no good reason. Just in case you didnt know, six park has no health
benefits so dont kill yourself for it. Yes celebrities, politicians, friends, relatives, classmates
have something to say about everything, but the most important opinion about you is from
you. Forget about everyone else, what do you have to say about yourself? I find it that most of
the time when people are not looking for attention they actually get it, when they are not hell
bent on looking good they look so much better and when they dont care about what people

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think of them they actually get thought of very highly. Just go with what you think and forget
about the rest.
10. Sense of self worth
I dont know whether its just me that is concerned about the things on which we base our
sense of worth, or someone else is too. Who said the status of a desperate person is measured
based on the things he/she does or doesnt do on phones? Who said the faster we react to
other peoples actions determine how desperate we are? The need to adhere to this rules that
spring from nowhere has been prioritized even over the curiosity of knowing what the caller
intends to say. When your phone rings you have to let it ring two or three times before picking
the call just to be safe from accusations of being desperate. When someone sends you texts
you have to wait for some minutes to pass before replying just to be safe. After waiting for
some minutes to pass you still have to be conscious about the length of text you use in your
reply because I now understand that various lengths actually mean various things to various
people. I was just wondering, what if your best friend calls you in the middle of the night trying
to get some help because apparently someone is trying to break into his or her house or she is
in labor alone in the house. As usual your sense of self worth is more important that everything
else so you wait for the phone to ring several times and when you finally pick there is no reply.
The following day someone tells you that that friend was killed in a robbery or just died
delivering. You live with the guilt of knowing that there is something you could have done to
help but you chose what others would think over the well being of that friend. Better still, you
receive a text that you have been waiting for and instead of replying freely you place

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restrictions on yourself over length, how it will appear or just some stupid rules that have no
basis at all. I think giving up your freedom to freely express yourself over the phone whether
through text messaging or calls just because of rules whose origin you cant tell is so
unreasonable. Writing a one word reply when you really want to write a paragraph is a privilege
I cant deny myself. You can pick the phone the second it rings or freely reply texts and still not
be desperate. Just because someone has been saying a lot of rubbish to you for a long time
doesnt mean that is what they intend to say every time they call, maybe there is immediate
danger you can save them from or they can save you from at that moment. I think living with
the guilt of knowing you could have done something to help is much worse than people
thinking you are a desperate person.
11. Basic rules of etiquette
There are some very simple and basic etiquette of conversation that everyone should have.
Whether its through texting or a face to face conversation, you need to posses certain courtesy
tips and use them even when you dont mean the words. Someone meets you in school on a
Monday morning and is very happy to see you, he or she says to you, Good morning so and so,
how are you? Then you say Im okay or give certain answers that show you really have other
better things to do than standing there exchanging pleasantries. It is considered good manners
that if a person cares enough as to inquire how you are doing be considerate and do the same
for him or her. Instead of saying in your reply that am okay and keeping quiet, you should say
Im fine, how are you? if someone asks, I heard you were unwell yesterday how are you
feeling today? Give your answer and confirm whether he or she is okay too, I know some

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people dont care how the rest of the world is doing but at least pretend to care. Dont get used
to using replies that make it impossible to get from one stage to another in a conversation,
some replies just kill conversations. Even in turn taking the person who speaks before you gives
you a clue about what you are supposed to say based on what he says during his or her turn.
Sometimes your speech will depend on who you are talking to, if he or she knows how to make
conversations then you will always find things to say but if he or she is the kind of person who
gives half answers then you will always think you dont have things to say to each other. People
can make you feel anti social when you are indeed a very social person.
12. Uniqueness
There have been very many kind hearted and extremely helpful women in changing peoples
lives unfortunately there can only be one Mother Teresa. The same happens with activism, no
one will ever be Martine Luther King Junior however much they do to benefit others. There will
only remain one Mahatma Gandhi, one Rodger Federa, one Barrack Obama, one Michael
Jordan, one Nelson Mandela, one Lord Denning, one Isaac Newton and one Pythagoras. We
celebrate these individuals for being themselves not for being other people. Now that we
already know we will never be these great people why do we still keep trying? Why wont we
just be ourselves and be the best version of ourselves that we can possibly be? Why cant you
celebrate me for being myself as I celebrate you for being yourself? Why wont we write a new
chapter in history without having to compare and contrast ourselves to someone we know or
heard about as we grew up? Dont run like Hussein Bolt, run like you. Dont smile like that
famous celebrity you like, have your own natural smile. Dont study at 2 Am because thats

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what I do, study at your own time. Just be free and be yourself, am sure someone somewhere
will celebrate you for what you do.
13. A step backwards
Have you ever gone so far into the wrong direction; doing things that not even you can
understand? Laughing the loudest when people laugh even when the joke is as old as
we can remember, when people spend 10 shillings you spend 11 just because you want
to be on top, when it comes to free time you have the most but when you retreat back
to your hostel away from your group, crew or whatever you call it you sit on the floor
and cry asking yourself questions like what am I really doing and why? you think about
your options of whether to stop or continue doing whatever youve been doing.
Whatever youve accumulated in terms of friends, fame or popularity cannot really be
rated against knowing where you are and where you intend to be tomorrow. If loosing it
all will put you back on track to where you want to be take a step back, loose it all.
Sometimes a step backwards is the step in the right direction.
14. The cost of happiness
I have never met anyone all my life that isnt interested in happiness or fun. Everyone even
those who pretend to have no emotions or feelings for others actually need happiness. The
question is what is the cost of the kind of fun you are after? When I talk of cost I do not mean
monetary quantification but fear, tears, insecurity, sacrifice and loss. Most if not all girls are
after bad boys, they are attracted to the type of boys who live on the edge, adventurous,
dangerous, and so many weird stuff. What is the fun in being on the edge with someone if you
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are the only one with the possibility of falling over? Of what fun is a dangerous person without
self control or ability to exercise restraint? When that danger in that person easily transitions
into violence against you is it still fun? Have you asked yourself where these men who kill their
girlfriends or bit up their pregnant wives come from? Do they just wake up one day and
accumulate that much cruelty against helpless women or is it that that cruelty was always there
and they were just waiting for an opportunity to use it? Some girls are attracted to violent men
and when that violence is used against others they feel safe and protected yet if used against
them its wrong. Girls are so desperately looking for bad boys that any boy who lacks manners
or care for others is a good candidate for whatever it is that amount to fun for you. The
desperation is so much that girls no longer know how to tell a bad boy from a beast. You date a
bully or a cold hearted murderer who will not think twice about cutting your throat and you feel
lucky just because your day hasnt come. Every day we wake up to news of a girl killed by
boyfriend, a man burns all his children and wife in a house, or police officer shoots wife and you
think it just happened, nothing happens out of the blues. Keep breading a beast when time
comes for the beast to consume you dont blame the entire male community. It stars with a
slap and ends up with you in the grave. I dont think there is anything in this world worth
sacrificing a life for; In fact, its the other way round. One should do everything humanly
possible to keep living. Any kind of fun that takes away life or that puts you at a constant
danger of losing your life isnt really worth pursuing. In this world some people poses the bad
boy traits but are safe yet some are simply evil, know the difference and stop poking the bear.
That law of attraction should be found and amended or repealed by the law of care and
common sense before girls go extinct.
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15. Equal but separate existence

It takes more than just a big heart and good intentions to change certain situations from those
we distaste to those we desire. Because of this, I often find myself in compromising positions
where all I can do or say is, I wish. I wish I had law degree, a post graduate diploma and a
practicing certificate as early as yesterday so I could help those who seem to need assistance
the most but are always denied that particular need. I wish I could walk into schools and save
little boys and girls from the claws of the bullies. I wish I had so much love in my little heart to
give to those who always love and never get any love in return. I wish I had enough fathers in
my pockets to give to the fatherless and mothers to the motherless. I simply wish I had a simple
solution to everyones problems which is neither possible nor realistic. Anyway, as I wait for the
documents that will make it easy for me to assist others in courts of law, I believe I can offer my
pro bono services in the court of public opinion to a group of people who need it ;the shy. The
world has for a long time now treated shyness as a problem, a disorder and just a type of
behavior that is less worthy of appreciation. This worries me rather more because everywhere I
look I see people suggesting solutions to shyness. Ive had the distinct displeasure of reading
from the internet a few for myself I must say. Let me say with the greatest possible respect that
I totally disagree with this view to shyness and the treatment that shy people are always
extended. It is fair to say that shy people are not perfect and probably not better than others
either. However, it is very fair to say they are no better or worse than any other person out
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there. They are people who have a different way of doing things. I personally find shyness an
extremely remarkable and exquisitely adorable character in people more so if it happens to be
a girl. Why wont people just let the world run its natural course without trying to control
everything? Why wont they just be so kind as to let the shy be shy, the courageous embrace
their courage, and the rational keep at it? Would it hurt if the world was just allowed to
accommodate all the characters in us without someone trying so hard to make the whole world
behave like him or her? The beauty of the rainbow is not based on any single color but on the
fact that all the colors have equal but separate accommodation at every moment the rainbow
appears.
16. Should what others think really matter?
Legal profession is one line of work that deals in selling and buying of legal services. What
determines how much service is sold is the kind of reputation that precedes one. How you
express yourself, how you conduct yourself, how much you actually know as opposed to what
you think you know and many other character traits. Basing my argument on this premise, law
students should quite misleading themselves by saying things they dont really mean like; I
dont care what you think of me. You care and you know you do. It would otherwise be right
for one to state as follows, I care about what you think of me but it doesnt control or dictate
how I live my life. There are so many advocates in Kenya but every time there is case that
attracts public attention there are just a handful of advocates that we hear about. One example
is in swearing of affidavits; a criminal conviction does not render one incapable of making or
swearing an affidavit but being adjudged incompetent does. So in law, having a reputation of

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incompetence is worse than being declared a criminal. People associate not caring with
strength and independence but thats not always the case, you can care about the reputation
you create out there yet still be independent. The point here is reputation in certain professions
such as law is everything and dont pretend you dont care.
17. Adoption of beliefs without question
There are things that we hear people say and we just adopt and pass to others. We never stop
to think about the truth in them or even try to understand what they mean. Most of these
phrases have a lot to do with conclusions we make regarding different struggles or events in
life. Some of these phrases are love is blind, no one is perfect and hundreds if not thousands
more, there is no shortage of them. Lets take no one is perfect as an example, do you really
believe no one is perfect? The dictionary meaning of the word perfect is conforming absolutely
to the description or definition of an ideal type and satisfying all requirements. The second
definition is having all required or desirable elements, qualities or characteristics as good as it is
possible to be. Most of us always create some imaginary person in our minds, a person with all
the qualities we desire then we walk around trying to find him or her. We all have preference in
height, complexion, level of confidence, financial ability and some even consider the content of
ones brain. If you have 10 desires to be satisfied and you meet a person who does satisfy all of
them then that boy or girl is perfect as far as you are concerned. The same thing happens in
employment, when vacancies are advertised in employment sector the advert comes with the
necessary qualification needed for ones suitability for that particular position. If you meet all
the requirements then you definitely are perfect. Perfection is a relative term that depends on

34

the individual carrying out that particular assessment. To one person you can be perfect but to
another you might be miles away from perfection. Whether or not we are perfect depends on
the one assessing us.

18. Peoples negative behavior may have positive effect on others

There are these cruel things that people do to others thinking that their whole world is going to
crumble. Instead of you being miserable or your world sinking in on you, it actually becomes
better. Someone who didnt appreciate you walked out of your life and instead of living a lonely
miserable life youve actually met someone who has kept you happier than he or she ever did.
Someone refused to explain a concept to you so you had to go and find answers from the
library, now you not only understand that single concept but several others. Youve grown to
be a frequent visitor to the library and you are the one with answers to other peoples
problems. When someone pushes you in the right direction thinking that its the wrong one
then these are the kind of individuals I need in abundance. Its good to say thank you to these
group of people because without them we would not be where we are today.
19. What would you do in these situations?
What would you do if someday you walk down the streets and someone shouts thief! Thief!
You fear for your life so you try running to save yourself but then the mob catches up with you.
You get beat up pretty bad, fortunately the police arrive on time and leave with you. The
following day you get arraigned in court and as usual you take a plea of not guilty. The case

35

drags itself for several months with you in police custody and finally the court issues its ruling in
your favor; acquitting you of all the charges leveled against you. What would you do? Do you
smile all the way home shouting halleluiah Im home at last! Do you sue all those who beat you
for assault and seek compensation for the sum used in settling your medical bill? Do you say I
forgive youll, I just wanted to clear my name? Well, the same questions are the ones others
have had to deal with. James Richardson was released from prison after serving 21 years for
poisoning his 7 children, a crime that was committed by his baby sitter. William Dillon was also
released from prison 27 years later after being wrongfully imprisoned for murder he actually
didnt commit. Just when you thought 27 years was the worst, we get to Anthony Porter who
was sent to death row and had his name cleared just 5 hours to the time he was to be killed by
lethal injection. I think some questions just have no answers to go with. If it were you, what
would you do?
20. Comfort zone
According to an Italian author who goes by the name Bartolommeo De Las Casas, an explorer
known as Christopher Columbus sailed to and discovered America in 1492. When he
encountered difficulty and harshness from the original inhabitants who felt threatened by their
presence, his sailing buddies were for the idea of traveling back to Spain so Columbus made
them stay by ordering the burning of his ship; the only vessel they had to travel back. They
settled to form the present day America, the most powerful nation on the face of the earth.
Sometimes all you need to achieve a great milestone is to eliminate those things that are ready

36

to take you back to levels youve outgrown. Yesterdays comfort zone is neither todays nor
tomorrows, you have to leave one in order to find another.
21. Types of friendships
For the short time I have had the opportunity to learn about people and behaviors first hand, I
have come to the conclusion that friendships fall within either of the two; constructive or
declaratory. Declaratory friendships are always based on feelings and what seems to be instead
of what actually is. Declaratory friends will tell you exactly what you want to hear, how and
when you want to hear it even when they know they are misleading you. They make you feel
good about yourself at whatever cost and always think about immediate moment of time never
about the future. You will put on makeup that make you look hilarious and when you ask them
how you look they will always give positive feedback instead of telling you to go back into the
house and wash it off. When you put on a dress that instead of enhancing your good looks
actually does a disservice to you, they will focus on the cost of that particular dress and
encourage you to put it on. Most of these friends will hang around you for what they get from
you instead of what they give to the friendship. What they say about you in your presence is
the exact opposite of what they say in your absence. You will declare them your best friends
merely based on how you feel and when asked who your friends are you mention them first.
On the other side are your constructive friends, they dont really focus on what you want to
hear and will always tell you the truth even if it makes you hate them. They will tell you what
you must hear to your face and defend you in your absence. You will say things as a by the way
and they will remember and remind you about them. When someone asks you out on a Friday

37

afternoon and you quickly accept, they will pull you aside and remind you of the appointment
you have with your dissertation or clinical supervisor at the same time. These friendships are
always one sided as they consider you a friend yet you dont really see them as such, in fact,
you wouldnt even mention them in public. While your declaratory friends immediately forget
about you after campus, your constructive friends will surprise you will a call four of five years
down the line when they see a job advertisement. They will ask you whether you have a job and
will not only care about their own. Most people have declaratory friends and the irony is that
when asked to choose between the two, most people will choose declaratory friends over
constructive friends just like people think with their hearts instead of their heads. Dont let
what seems to be prevent you from appreciating what really is.

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WISHES
1. Poor borrowing culture
If Kenya was a servant, I wouldnt send her shopping on my behalf. She is one of those
individuals who say they are going on shopping sprees only to turn up with one item at hand.
How practical is it that Kenya only chose to borrow the English legal system when there was so
much to put in the same trolley. Didnt she see the glamorous British three piece suits, the
amazing British sense of identity and courteous nature? How about the beautiful British English,
wasnt it on the shelves? Watch British movies or read books written in the early decades you
will love every bit of it. Sentences appear in the following manner;
I become worried because the music was rather loud. I was afraid it would disturb my husband
so I asked Sir Paul if he would mind turning it down a little. I begged, I implored, I knew there
was going to be trouble because he had had a great deal of wine to drink. We waited for about
five minutes, it could be longer, I dont really know. Sir Paul come back and just stood there in
the doorway staring as if he had seen a ghost. It was late and I was tired so I said Paul I must go
home its awfully late. I went to go past him through the door and he said no! No he said and he
slammed the door in my face, turned the key, walked across the room and threw the key out
the window. We could see it lying there in the snow I like the way they retain identity
throughout their lives. Theyll say Lady Mercy, Sir Paul, and Lord Phillip and so on and so forth
unlike Kenya where someone will identify you based on your relationship with others and not
just you; If not someones daughter, sister, friend, wife or mother. If your name is Mercy, it
should remain so whether you marry, divorce, have children, and become someones sister,
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employee or servant. I do not like the dropping of ones identity and taking up someone elses.
If Kenya wanted to borrow, it should have borrowed the right things. Maybe next time we
should send the right people to go borrowing if we must.
2. The good old days
I long for those old days when people had real conversations without the shortened words and
slang or a mixture of English and Swahili. I long for properly constructed sentences with phrases
and tenses as they should be. I long for chronology of ideas one step after another not a mash
up of everything at a go. The days when letters were the order of the day, I would like to write
someone a letter and wait for a week or two before getting a reply. The anxiety that came with
having to wait for days before getting a reply is what made the message special. Reading
through a letter top to bottom without knowing who sent it made the letter even more
interesting and when we finally get to the part where the sender identifies himself or herself
we gently let the air we held inside gently flow out. Could anything be more special than that
surely? I long for the days when people would wait for plays in theatre one after a long time
and when finally availed it would be of good quality and creativity. The times when people
would meet over a cup of tea or coffee in a small, silent and simple cafe and enjoy each others
company without having to pull out phones and check for texts. The days when you would ask
someone special to a dance and the dances were ballet, salsa, tango and twist not bend over
.the days when if you were dating someone it would be as official and public as possible and at
the right time. The days when courtship was a sure way into marriage not just bed. The days
when one would take the other for nature walks and it would be enough. I long for the days

40

when people would dress properly without having to prioritize fashion over comfort. The days
when honesty, integrity and principles were admirable virtues. The days when artists were
people with talent not just anyone with money to access the studios. The days when we had
real music the likes of Jamaica Farewell by Harry Belafonte and properly written books like the
Merchant of Venice by William Shakespeare. The days when a yes meant yes and no meant no
not try harder. Oh how sweat those days were. If God was to grant me one wish, it would be
that I wake up and find myself in a world exactly like that.

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POLITICS
1. Creation of employment
Ever single year people graduate from universities, colleges, polytechnics and other institutions
only to be told we have no jobs for you. It saddens me to hear that there is a parent
somewhere with a masters degree yet his or her family still relies on handouts because there
are no jobs. Its even worse for trained teachers watching Teachers Service Commission say
that they will not recruit new teachers because they have no money. I believe the government
is the source of all unemployment in Kenya and can also be the solution to the same problem.
Just to be clear, when I say the government I dont mean just President Uhurus government
but all the governments since independence. We all know what brings about unemployment so
I will only focus on solutions. First of all, there is no law dictating that the president must or
shall increase salaries for its employees during Labor Day. The president MUST stop raising
salaries during this particular holiday because its one of the causes of unemployment in Kenya.
Every time the government directs employers to pay more money to the employees without
saying where the money to be used in increasing salaries will come from then employers are
forced to fire some employees and remain with a smaller number that they can afford to pay.
Secondly the government needs to use its influence in parliament to repeal most if not all of the
minimum wage regulations that this country has. This will lead to Kenya being a free market
economy where employers and employees come to the table and arrive at an agreement that
will ensure that both the employer and employee survive. The companies that can pay a million
shillings monthly should go ahead and do so while those that can only pay 50 thousand shillings

42

should also go ahead and pay as long as its a mutual understanding between the parties to the
employment contract. A good example is that of house helps. A person who earns 15000
shillings cannot pay 12000 to the house help and so this should not mean that those who earn
less should not have helps. People must be allowed to pay what they can afford to pay. Third,
the government should subsidize the production process so that the end product is cheap
enough for everyone to afford with however little they earn. In summary, this will lead to lower
salaries for employees but higher employment rate. If a company has only one engineer who
only gives instructions while others follow and pays him one million shillings, the same
company can actually hire ten engineers at 100000 each per month and get 10 times the same
amount of work in the same time frame. Once so many Kenyans have been employed, the
salaries can begin to rise according to how much profits the company makes. The reasoning
here is that if the government continues controlling how much people are paid then some
people will end up with zero in their accounts while if Kenya becomes a free market economy
they will at least have some money. Its all about freedom of contract, people should be
allowed to come up with what is agreeable to them in their contracts and the government
should only ensure those contracts are honored.
2. Patriotism
Just wondering, does patriotism really allow for better or worse kind of commitments I see in
Kenya? Why do we swear allegiance to political parties whether they are right or wrong without
thinking? Must we align ourselves to politicians, political parties or coalitions? Cant we choose
to have no party at all and still be patriotic? Patriotism is all about love for ones country and I

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believe we always do what is in the best interest of the things we claim to love. Support ideas
that are in the best interest of the country whether they are from the government or
opposition. We need to be on the side of beneficial ideas so when the government wants to
develop a marginalized part of the country we need to support them and when the opposition
wants to bring a bill that has importance to the country we support them too. There is no rule
that says if you support jubilee or Cord in January you must support them until December.
Support them when they are right and condemn them when they are wrong. It is only for better
in politics but not for worse. If you ask whether I support jubilee or cord I will say I support
neither of them because am still waiting for them to say the plans they have for the country am
patriotic to then I choose who to support based on those plans. Hold every situation in isolation
so that you condemn me for my selfish ideas today and support me for my new useful ideas
tomorrow. There should be a time when we rest on the grey area just waiting from ideas from
either side before taking sides. That is the only way to ensure something is in the best interest
of a country to which you proclaim patriotism. I believe politics and its effects in Kenya will
never be changed by politicians but by Kenyan themselves. When a politician starts talking
divisive politics people should deny him the privilege of audience by walking away from that
venue until he notices there is something wrong with his speech. When the government has its
priorities upside down like giving laptops to a school that has no water, electricity, security and
students study under trees and mad built classrooms that are almost falling. Remind them what
you need most whether its basic needs or luxuries. Let politicians know its not them we
support but ideas that proceed from them so they should sell the kind of ideas that Kenyans in
general would actually want to buy.
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3. Civic education
I have on more occasions than one said that Kenya is one country with the same English words
but far much different meanings and interpretations of those very words from what the English
intended. As the late Michael Wamalwa would say, if you choose to speak the queens language
do it like the queen herself would. I now find myself one of the thousands of people who have
written about what must already seem a rather over discussed issue or topic in Kenya. The
topic I refer to today is CIVIC EDUCATION and I know what civic education means in other
countries but am sad to say that I have no clue as to the meaning of the same phrase in my own
country Kenya. Perhaps what I should do is ask questions and hope to find correct Kenyan
answers. When those tasked with the duty of conducting civic education come to the media
and say we have done our part, what do they mean? What is the priority in agenda of these
particular civic education programs? In my very honest opinion I think there are only two points
to clarify to the electorate during these educative programs;
1. The effect of ones name on the ballot paper
2. How election petitions work.
I have never seen a ballot paper with the name of a community or tribe on it. It will always
show names of private individuals for example in a presidential ballot paper,
1. Peter Kenneth
2. Martha Karua
3. Abduba Dida
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NOT
1. Kikuyus
2. Maasai
3. Luos
Might I also add that there has never been a law suit against the general public or tribes. It will
never be Raila Odinga vs Kikuyus OR Wetangula versus Kalenjins. In Summary what am saying is
that if a private citizen makes a decision to vie for political or public positions, whether they win
or lose they do so as individuals. The community does not win, lose or occupy any offices and
only private citizens do. It is my submission that when aspirants win or lose they do so in
private capacity not the tribes they come from. That is what civic education MUST aim at
achieving in peoples minds. It is only when we know who the contestants are that we can
prevent and avoid fighting and maiming fellow Kenyans in the name of politics. Since the mind
is the standard of the man, those conducting civic education must standardize our minds the
right way and in relevant light. Teaching voters HOW to vote is not enough, they must go
further and remind them WHY they vote in the first place and WHAT happens after voting. This
is what I think and I hope there is someone who thinks the same as well. Private aspirations
must be allowed to have private consequences not public. Share if you see any truth in this.
4. Elimination of options the only solution to most of the problems in government
The billion dollar loans than African countries receive will never help them develop. The only
things that will change the status of African states are policies. Policies to limit and reduce the
choices of African leaders and force them to develop whatever they run for in the developed
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countries. It should be a rule that politicians and their children go to public school in the
country, get treated in public hospitals within the country and reside within the country at all
times. The issue of having children study under trees for decades while politicians children
study in international schools or abroad will not repeat itself. Hospitals without doctors and
medicine while the politicians and their children get treatment all the time even if its just check
up will be a thing of the past. Politicians sending their families to live in other countries and
setting the country on fire in the name of politics will not happen. When the only choice a
politician has is to build the kind of hospital he would want to be treated in, to build schools he
would be happy to see his children go to and to ensure a peaceful country good enough for his
own family. That is the only way Africa will ever develop. As long as there is an option to hide in
another country while yours burns down, we will remain where we have always been.

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THE LIFE OF A LAW STUDENT

1. Immunity
The safest place to be is in fourth year. By the time one gets to fourth year the school, friends
and the system in general have all done their best and worst to you and nothing can either
surprise or disappoint you anymore. When people try so hard to break your heart you silently
smile because that was already done to you so long time ago only better. When the people you
held in highest esteem and had the best of intentions for already disappointed you, no other
disappointment can be as hurtful as the first. You put your best foot forward and instead of
appreciation the foot got crushed, there is only one first time. When your peers focused on
which bore tie to match with the tuxedo and heels to dresses, you were locked in your room
consuming civil procedure yet the lecturer still gave you just enough to pass when what you
wanted was an A. Your clinical and dissertation supervisors have frustrated you so successfully
that everybody else think youve given up. Well, let me assure you its not giving up, its called
immunity. Being immune to frustrations and disappointments, everything they do to you now is
just a weaker and smaller version of what others already did to you. The only thing one needs
to remember in fourth year is that he or she came to law school for a law degree and as long as
he or she leaves with it nothing else matters. It matters not how cold your nights were and your
days lonely. It will not matter how many times the school gave you supplementary, retakes and
missing marks. It will not matter how many times you went to bed on an empty belly or rushed
to class hungry. It will not matter whether you were harassed or frustrated by your clinical and
dissertation supervisors for no good reason. If at the end of your four year course you can leave

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with a law degree then thats all that counts. Whatever happens between 2012 August and
December 2016 is of very minimal significance to me, all I care about is I came for a degree and
am leaving with it. I LOVE IMMUNITY.
2. The value of ones word
There is a stage or age in life when what one says is of no meaning or importance unless he or
she relates it to someone else. If a five year old child gives a statement of hope and courage to
his or her father, the father can easily laugh it away. If that child gives a subsequent statement
saying that that quote The only thing we have to fear is fear itself was a statement issued by
Franklin Roosevelt on March 4th 1933 then the father can begin to see some sense in that
statement .what convinces the father is not the child but the person with whom that quotation
is associated.
However, there are some things in life were we are our own authority, we dont need Lord
Denning or justice Lenaola to tell us about them through precedent, we dont need renowned
writers like Ken Follet, Louis L'Amour or Ngugi Wa Thiongo to tell us through books and we
definitely dont need eloquent speakers the likes of John Doe and Barrack Obama to speak to
us about them. Here is what Im driving at; life in annex is like the earth that spins on its own
axis but at the same time going round the sun. At any moment should the earth leave its axis,
all the objects that depend on the earths gravitational pull will fall to their destruction. There
are several things that we derive fun or pleasure from when in session in annex; the games like
basketball, clubs, movies, food and relationships. The success of all that Ive mentioned depend
on academics, the day you will have an issue with academics everything else will lose meaning;
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that food you love so much will suddenly lose taste, that game you play will just seem difficult
and worst of all that person who has time for you now will for some reason be too busy to see
you. Take an example of first years, they have only taken first semester exams so none of them
has a transcript .they dont know the academic abilities of each other so their friendships and
relationships are quite genuine and has very little to do will academics . When they engage in
discussions everyone gets audience and the same level of attention but this will soon change.
When results come out they either put you above or below others, nothing remains the same.
Your opinion either begins to be taken very seriously or every point you raise faces very high
opposition .Senior students; third and fourth years know that most discussion groups break up
immediately after first year results are out, people begin to form new groups with those they
feel have the same academic abilities with them. Most of the people you considered friends in
first year are not the same ones you have in third or fourth year, so much has and will still
continue to change. The main reason we are in Annex is for academics, everything else is
subordinate to that fact. Dont let your desire to seek meaningless attention malnourish your
academic life. Let me leave you with Ahmed Nassirs advice to the Supreme Court; You will
find opportunities later in life where you can express yourself more.
3. Sacrifices for a law degree
Being a law student is already bad enough for your social life, you will not have the luxury of
time to do some of the things you would have done were you to take a different course. First of
all, the perception that people in other courses or general public have about lawyers and those
in law school that everyone in law school is argumentative, manipulative, liars and always find a

50

way to win arguments even when they are wrong is one I would not be quick to adopt but then
we are all guilty by association as its a blanket judgment. Secondly you dont really have time
to run after one other person whether a boy or a girl. You have to weigh your options, would
you rather spend your time running after a girl or be in the library? When in contracts law the
lecturer prescribes five books, two articles and a handout that talks about the same thing on a
Monday morning expecting that you will have read them by the time you meet for the next
class on Tuesday morning. Its also not that you are only taking contracts law, there are actually
14 courses for the same student to take in one academic year and all are just difficult in equal
measure. Do you go to the library and get busy or take time to run after that person who thinks
everyone everywhere has the same amount of time to do the same things? Lastly its the work
load; doing half of the things one is suppose to do as a law student will make you lose weight,
have constant headaches, food regularly disappear from your stomach, your eyes will need
constant checkups and time will fly at a speed you cant really explain. I was just wondering, if
we were to read every single material we are suppose to read, if we were to read full versions
of case law wouldnt we all be an a psychiatric ward? Anyway as I always say, if all we wanted
was fun then 600000 or more that we spend in fee would have been enough to fly us to the
Bahamas.
4. Academic metamorphosis of a campus student
The basic and most common perception about law school to a person who has not walked into
an actual law school is that its a place of highest level of focus and a stock of big old books to
be read. Whether you are in campus through private or government sponsorship, the mere fact

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that you are a student in law school puts you in a position of respect and admiration by all the
rest. This is because there are only three ways to be in law school; you are brilliant, rich or both.
At least, this is all as far as perception is concerned; lets talk about facts on the ground. The
point at which you receive the almighty calling letter from the magnificent, prestigious,
respected Moi University School of law, your parents can already picture you in court litigating.
They can already count the number of cases you will help them solve and how good you will
make them look among neighbors. If you live in a neighborhood where people care about each
other, a party is always organized in your honor for the huge achievement you have made.
Everyone wishes you well and encourages you to get first class honors in law because at this
point you have proven to everyone around you that you are an achiever. You have a very high
self esteem and belief in yourself and your abilities as a person and so you give a statement
promising to get that first class. Time comes for admission and you come to campus with
nothing but focus and an aim of walking out with a first class degree in law. Lecturers at this
point have not started coming to class yet but you have already started going to the library, you
dont have any time to waste. You read every day, you wake up early and go to bed late, when
others are looking for boyfriends and girlfriends in first year you are locked in your room trying
to be the ideal law student. You totally have no idea of what professor Wabwile used to say,
however hard or much you read in first year, you will never graduate in first year. If you are
in evening class, professor Sifuna will not remember to forget to remind you that the real
reason you are in that class is because you failed in high school. You get into discussion groups
and fully engage your brain in that discussions giving helpful answers that laiter help others
pass exams. After every exam you make small talk with friends and discover that those of you in
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the same discussion groups have written similar answers but then when results are out,
everyone has passed but you. You request for remarking because you believe in the answers
you wrote but then Miss Emaculate decides that there is no time so you have to take a
supplementary. You take it and the lectures assume that the main reason you have a
supplementary is because you are weak and not serious with studies so they mark with an
attitude and give you a retake. You move to second year and this time a few boys and girls who
have just discovered that they need to attract attention misbehave and annoy the lectures. You
know who they are but then you dont want to be a sell out so you keep your mouth shut. The
lecturer gets upset and leaves the class promising to penalize you. When results are out almost
quarter of the class have failed the course and those who have passed have 40s. In third year
exams no longer scare you, you say let come what may. You console yourself with the likes of
the famous Patrick Lumumba and you say that he only had a pass yet he now runs KSL (which is
not true being that PLO graduated with first class honors). In fourth year you have now
forgotten about the promise you made to your parents, all you want is to finish and go. You
fought, you tried, you grew through the four years but one thing you have learnt is that all you
can do is to STUDY, REVISE and take the EXAMS but you can never mark your own booklet.
However right your answers may have been, you can never decide whether you pass or fail. The
school receives you a focused hardworking student ready to sacrifice anything for marks and
makes you a person who only relies on hope and luck. This is how dreams and hopes of real
achievers are crashed.

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PERSONAL POSTS
1. Choice
I, as some may say, give up very fast on several things. Its not that I have no desire to make
things work or that am a very impatient person but because my respect for peoples right of
choice is far much greater that the desire to have things go my way. I will take no for an answer
any day even if someone was just joking about it. I have heard people say on various occasions
that I really like everything about so and so save for the fact that he/she is so choosy. Here is
my question, what is so wrong with being choosy? Since when has the right to choose been
lowered to the rank of vices? In the current world, people are used to moving with the flow of
the masses that if you choose a different path you become the awkward one. For instance
Fridays are days that people unwind; they give themselves a break from a week long routine so
its always parties, rave, and sleepovers and so on and so forth. If you say that for me, I will
sleep at 8 pm on Friday because I intend to wake up by 4 am on Saturday to study so no thank
you to all the offers from those who want to go out with you. Theyll say so and so is no fun at
all, he is so uptight and not cool. Its not being uptight actually; its called choosing a different
path. It doesnt take a genius to know the long, dark and bloody history associated with the
fight for liberty. So many people sacrificed their lives fighting for liberty which we now have and
I do not understand why it is wrong for people to choose what they want, when and how they
want it. You dont have to go west because everyone else is, if you choose to go east then do it
because its your right to choose. When everyone tells you that there is a shorter way of
achieving certain goals and you feel the long way is safer, take the long way because its your

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right. If everyone else is going out to have some fun and you feel it will interfere with your plans
stay back because its your right. Be the odd one out if you must, as long as you have an
opportunity to exercise your right of choice do it no matter what the rest of the world thinks.
Dont settle on things you dont like just because you dont want to come out as being choosy,
choose!
2. Routine
On Friday evenings I sit on the cold floor of my silent little room reflecting on how my week has
developed. I worry about the bulk of work that should be done by the time school resumes the
following week on Monday at 8 am. The assignments Ive been given, the new materials Ive
downloaded for my research work and just general revision. I look down upon myself and get
convinced that I probably wont beat the Monday deadline. However, before I can lose belief in
my competence one historical incident comes to mind. What did the little harmless America do
to Great Britain? What happened during American Revolution? When the war started it was
Great Britain against 13 colonies in North America but when it ended it was just Britain and
America the new world power. If the less motivated, less trained and less paid American
soldiers could win a war against the best trained and strongest army of the time, why cant I?
So this is what I say, Ill do the work bit by bit and when Monday comes I shall be done. True to
my word, when Monday comes am always done.

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