MENTAL HEALTH: IT IS NOT OKAY NOT TO BE OKAY

I have read several articles on mental health. Most of the mental health service providers seem to be agreeing that ‘it is okay not to be okay.’ Just like in the many normalizations that we have had with different social issues, we seem to be drawing an agreement that it is okay to feel a heavy heart. It is rather a cheap way of addressing a situation. The Centennials would associate with the language because it communicates how they wish it was done, by covering the real problem. The approach is taking a toll in many other spheres where society is expected to compromise on the platform of youth mainstreaming.

The World Health Organization defines mental health as a state of wellbeing in which the individual realizes his or her abilities, can cope with the normal stresses of life, can work productively and fruitfully, and can contribute to his or her community. Due to the pressures of life, many people are unable to access basic needs like food, shelter, clothing, and healthcare. This is coupled with the intricate nature of activities that one has to undertake to earn a living. This blurs the realization of the individual’s abilities. The individual feels unappreciated because he or she cannot have an achievement besides surviving. With the pile-up of stress, the individual falls for negative coping strategies that worsen their mental health status. The effect of this is an unproductive life and alienation from community contribution.

The approach of one being okay even if they are not feeling okay gives a false impression, yet cognitively, the person is disturbed. The expression seeks to create hallucination in an individual, to assume tranquillity where it lacks.

This article proposes a reframing of the phrase to acknowledge that it is not okay not to feel okay. In addition, that not being okay means that remedial action is necessary. If one does not contribute to the development of the community, there is a problem. If one does not acknowledge their capabilities, then there is a problem. Further, if one fails to cope with the stresses of life, and ends up in hallucinogens, drugs and substance abuse, then there is a red flag. The proverbial garbage truck makes a good start in understanding mental illnesses. The human mind is like a garbage truck. It is full of filth. The filth is the stress that people have to go through in everyday life. If the garbage truck empties at the wrong place, then it will cause a mess. Hence, it should only release at a designated point of collection. Similarly, an easily irritable human being symbolizes emptying of the garbage at undesignated points. On a slight trigger, someone may experience a disproportionate reaction. It is not okay to act in such a manner.

NATIONAL HEALING IS A JOINT RESPONSIBILITY

Society is defined by the increase in natural and manmade disasters and emergencies that continue to be experienced on an increasing frequency. Climate change is the major culprit, especially in natural disasters. The weather condition is becoming unpredictable with the rainfall becoming an unreliable source of water for agricultural use. Rain's spatial and temporal distribution keeps on shifting, causing massive economic losses to the farmers who rely on rain-fed agriculture. When it rains, it floods, causing erosion of fertile soil to the water bodies. This is partly due to the environmental degradation caused by human activity. Trees are cut down and agriculture has become massively mechanised that the soil becomes loose and infertile. The increase in temperatures due to global warming presents a conducive environment for the breeding of pests and diseases. This affects the health of the human, animal and plant population. This shrinks the available resources affecting the ecosystem balance. With shrunken resources, an increase in human population and inadequate capacity for each person to earn a sustainable livelihood, people fall into desperation and engage in unsustainable coping strategies. This leads to stress and depression that affects the productivity of labour. The build-up imbalance in nature creates gaps whose spiral effect increases exponentially. The net effect of the imbalance is the falling standards of living, poor health, and increase in crime.

This write-up seeks to contribute to the ideas that will help to heal the situation. It is based on the thinking that the universe's problem arises from an unsustainable environment and poor health. A large component of climate change is caused by poor environmental management practices. Human activity continues to degrade the environment by clearing vegetation cover, thus affecting the ecosystem balance. The felling of trees for agriculture, wood products, and human habitation has caused damage to the ecosystem. It has deprived many other living organisms of their natural habitation while affecting the water resources. It has left an unclean environment deprived of vegetation. Human economic activities continue to degrade the environment through unsustainable waste management and pollution.

Health is another component that contributes to the imbalance of nature and is a consequence of the imbalance. The World Health Organisation defines health as a state of complete physical, mental, and social well-being. The definition emphasises that health is not limited to the absence of disease or infirmity. Hence, a healthy society is peaceful and secure with the population living in harmony. A clean environment presents a healthy platform for healthy activities. Hence, the state of the environment directly affects the state of health. Under the HEAL conceptualisation, there has to be a balance in the ecosystem where predation does not lead to deprivation. Maintaining sustainable health involves the use of solutions derived from nature itself so as not to interfere with nature. Thus, human activity has to be synchronised with nature. This will promote mental health since activities will be conducted along with nature’s provisions. This will also promote social well-being because the natural balance will be maintained.

The third component of the HEAL concept in agriculture. This finds itself between health and the environment. Agriculture is among the major causes of environmental degradation. Attributed to this are practises like clearing of natural vegetation for human settlement and food production. The unsustainable clearing of forests creates ecosystem gaps that lead to disequilibrium in nature. Mechanized agriculture uses chemical compounds that kill useful microorganisms in the environment. To further boosts unsustainable productivity, livestock is treated with chemicals that boost maturity. This promotes quantity at the risk of quality. These chemicals have been found to have adverse effects on consumers of the livestock. An increase in the human population strains the resources. This is compounded by the capitalist economic policies that are characterised by cannibalism. People are no longer conscious of their neighbours. Greed has overtaken compassion thereby compromising the propensity to humanitarian action. Corruption has become endemic in a system where individuals strive to maximise material wealth at the expense of values. This deprives people of the time to take care of their mental wellbeing and building a holistic society. With the shrunken resources, employers expect too much from their employees. This approach has caused organisations to implement mechanical human resource strategies where people work extra hours to earn a living. Agriculture is the key to healthy eating, environmental sustainability, and a balanced ecosystem.

The three components will be successful if the community has the basic knowledge of the natural balance. The knowledge should be accompanied by the right attitude to act appropriately. People should be persuaded to act in a way that does not threaten any aspect of the environment, and that each person has a responsibility towards the environment. The community will act sustainably to restore the damage and promote natural healing with the appropriate knowledge and attitude. This will involve climate change mitigation and adaptation measures. Hence, the learning component is software that creates value in health, the environment, and agriculture.

Integrating the four components create a community-based disaster risk management system. Communities will be able to anticipate disasters, prepare, respond, and recover from the impacts in a short time. Hence, disaster risk reduction is the outcome rather than a set of activities.

The Solution of Human Problems is in HEALING: Health, Environment, Agriculture ad Leadership

Humanity is facing a multifaceted challenge that needs a coordinated but multidimensional approach to resolve. Disasters are becoming more frequent, with increasing severity of their impact. Yet humanity continues to degrade the environment, eat junk and overindulge in unhealthy practices. People have lowered their guard, and are on a negative sprint towards wholesome destruction. Nature is hurting as ecosystems become increasingly unsustainable. Several global and local interventions have been propounded at different levels, with steps being taken to reverse the losses. Climate change mitigation and adaptation has been touted as the approach to reverse the adverse effects of environmental degradation.

While reading the ideas by Eric Amunga, through his verified Twitter handle @amerix, I got the idea of sustainable mitigation and adaptation. Eric proposes a HEALing agenda for society. In his argument, HEAL is an acronym for Health, Education, Agriculture and Leadership. In his June 11, 2018, thread, Eric avers that for communities to be healthy, they need awareness. They cannot sit and listen to be aware if they are not educated. Hence, they need education. Yet to be educated, they need to have eaten from some agricultural produce. This produce, @amerix believes, will only materialise where leadership is visionary. This is his HEAL agenda.

This piece seeks to modify @amerix’s idea. The modified approach is meant to build on what the Government is already doing, and to complement the efforts through interventions that are not adequately covered by the Government. The HEALING agenda then starts with the component of HEALTH. The communities that are suffering from lifestyle conditions are the focus. People often take in junk food, negating the advice from nutrition experts. Fast foods have become the new normal. This denies the body the necessary nutrients found in the newly defined food groups (as opposed to the traditional balanced diet of carbohydrates, proteins and vitamins). We are what we eat. When we eat junk, our bodies become weak, with fragile immunity. Aside from consuming junk, people have normalised motorised travel, whether they are travelling long distances or shorter. Because many can afford vehicles due to enhanced standards of living, walking and exercising have been reduced. With increased commitments and tight schedules, many people overlook the need to reflect on their lives and enjoy the little achievements. Greed has taken control and many people only think of increasing their wealth, because wealth is an end in itself rather than a means to an end. Non-communicable diseases, nutrition, mental health and wellness are the main focus of the HEALTH component.

The second component is ENVIRONMENT. @amerix had education, which in this logic, falls under the leadership component. The increase in the frequency of disasters is partly a result of climate change. The globe is becoming warmer due to the depletion of the ozone layer. This is caused by unsustainable human activities resulting from environmental degradation. The increase in temperatures leads to the melting of the glaciers, a rise in water levels, an increase in ocean tides, and a disruption in the weather patterns. The effect is in the increase in pests and diseases for both livestock and humans. It further leads to failure in agriculture and scarcity of water due to erratic rains. The ripple effect is in loss of livelihoods, high cost of living and declined standards of living. This increases the vulnerability of populations, irrespective of the geographical location or economical status. Interventions here include restoration of vegetation cover for carbon sequestration and water catchment. This will also slow down environmental pollution and provide food and livelihoods for households. Waste management remains a neglected aspect especially in urban areas where waste is generated at high rates than they are collected and sustainably disposed of. Most of the poorly disposed waste finds itself in water bodies. The third aspect is on conservation of energy, reduction in the use of fossil fuel and investment in green energy. This includes investment in solar energy, biogas and recycling of biomass to produce eco-friendly energy like briquettes. Community disaster risk reduction initiatives should be introduced at this level. Community committees should be established and trained on disaster risk reduction, early warning systems and building resilience towards self-reliance. Personal responsibility is key because environmental conservation is a broad spectrum to be approached holistically rather than by single and isolated practices. It encompasses small acts like switching off the light when not in necessary use, turning off water taps, use of biodegradable material and ensuring that one does not litre around. Each person should ensure that their land has at least 10% tree cover. This is equivalent to 64 trees per acre or 7 trees in a 50*100 feet plot. Some estates have up to 90% tree cover, hence 10% is achievable. This makes them fruitful, calm, flowery and beautiful. The culture can be cultivated at the early stages of schooling through the environment clubs in schools where top environmentalists are celebrated.

The third component is AGRICULTURE. This is the main livelihood activity in Kenya. The more the population grows, the more agricultural production needs to increase. People are a product of their food. Hence, agriculture is key to a healthy diet. The government is investing modestly in agriculture. However, this is considered a trade for the rural communities who likely underperformed in formal schooling education. A social engineering effort is required to reorient agriculture as a livelihood for any class. This should involve the introduction of climate-smart farming and animal husbandry. From the foregoing, this cannot succeed without logical flow from the need for good health and favourable climatic conditions. Farmers' field days provide a platform for the exchange of ideas and sharing of farming experiences. The government supports the agricultural society of Kenya shows. Many people attend these shows for entertainment rather than learning the new techniques in agriculture. At the school level, the government is reintroducing the 4K Clubs (Kufanya, Kuungana Kusaidia Kenya). This is a novel idea that should be supported to improve the perception of agriculture by children. Entrepreneurship should meet health requirements through value addition along the agricultural value chains. Schools can introduce value addition chains to train the learners on entrepreneurship skills. This implies that under agriculture, there are aspects of nutrition where farmers are encouraged to grow crops that meet the recommended dietary requirements in their gardens or farms, and in the case of mixed farming, include the balance that would capture a holistic diet. The product should be as much for consumption as it is for business.

The fourth component is LEADERSHIP. This is comprehensive as it includes education, integrity, mentorship and coaching. One major problem with contemporary society is the lack of integrity. This is partly attributed to poor parenting due to the burden of professional or artisanal engagement of parents. The children are left under the care of domestic workers or daycare facilities. The daycare staffers and domestic managers may not have the requisite capacity to bring up a holistic individual the way a parent would. The abdication of parental role ends up bringing up moral retards with a limited sense of conscience. They are often brought up in environments that are not conducive to growth. The result is a generation that is not responsible for sustainability. The resulting imbalance causes a mental health challenge whose indicators include increased crime, homicides, suicides and violence. The increase in the number of accidents on the roads is partly attributed to the kind of society that is brought up from a weak background. People are willing to take high risks including sacrificing life on the altar of economic gain. In public and private service, virtue is less important. Many youths confide that given an opportunity, they will seek material wealth by whatever means. The wealth is an end in itself rather than being a means to an end. They would rather lose their friendships and gain more material wealth through unscrupulous means. During elections, the clean aspirants are taunted because they are not aligned to theft. They are loathed because they are unlikely to be corrupt when they ascend to political office. The system has been convoluted to accept deviance as normal. Here lies the conundrum: there are no leaders. A whole generation has been and continues to be wounded. Each person is for themselves. Positions of trust are opportunities to steal for oneself, their families and close associates. The leadership component in the intervention is to reverse the trend and inspire hope for the youth. Just like in the process of reclaiming the wasted environment, the approach here is evolutionary, to understand the drivers of the moral status, and reverse through addressing the pull and push factors. This can be achieved through establishing sessions in schools, inspiring the teachers and influencing the perception of the children. Regulatory frameworks should adopt the carrot and stick approach and corporates encouraged to reward progressive thoughts and ideas rather than mediocrity. Peer champions should be empowered and continuously capacity-built to address the misinformation in societies. Counties should endeavour to establish Youth Compacts. This is a forum where the youth-serving organisations hold quarterly sittings to discuss the employability and productivity of the youth The participants include tertiary institutions of learning that train the youths, the employers who absorb these youths into their companies, the government that sets the policies that affect youths, the security actors who deal with the young criminals, and the youths themselves.

Finally, people should appeal to their conscience. They should cultivate a culture of personal responsibility. A danger to the environment is a danger to self. Self-preservation starts with a safe environment.

The Necessary Constitutional Review

Politicians are engaging the citizens on the need to review the 2010 Constitution. The Constitution is a living document, and therefore there comes a time when changes are imperative. This could be or not be the right time for the changes. The Constitution espoused an inclusive society with measures to ensure the protection of the rights of the minorities and the marginalised. These include people, regions, beliefs, and ideologies. The framers of the Constitution were alive to the need for integrity and accountability both in the public and the private sector. To achieve these, constitutional commissions and offices were created. However, the dream continues to be elusive. Some of the state agencies are duplicating their activities, and sometimes contradicting each other. The result is a bloated wage bill, inertia, and plain incompetence within the civil service.

Devolution is a thought-out experience. It has proven to work where leadership is visionary. It is a tested example of bottom-up economics, in an attempt to have the Government closer to the people. This is akin to the Constituency Development Fund, which was designed to help people at the grassroots to achieve their development vision through government revenue. Whether the concept of Constituency Development Fund is conceptually sound, is a title to a different article.

The Constitution of Kenya 2010 has run through its first decade. A section of Kenyans believes that it is time to have an amendment to increase representation. This goes to debate without analysing whether the current representatives are representing the interests of their electorate. The Building Bridges Initiative proposed an increase of 70 Constituencies, in disregard of the current constitutional provisions that bestows the constituency and county boundaries review to the Independent Electoral and Boundaries Commission. The folly of this approach is that it will take a political turn, and influence the thinking of Kenyans towards the greed of the politicians. The increase in the number of constituencies will inadvertently tilt the scales in representative voting, where a few communities will enjoy an unfair advantage in the legislature. They will bring back the 'tyranny of numbers that Kenyans experienced and loathed after the contested Presidential elections in 2013 and 2017. The legislature was faulted for voting for bills based on the narrow party interests rather than the popular will of the citizens. In the melee, several bills were passed, including the controversial Computer Misuse and Cybercrimes Act, No. 5 of 2018 and the Kenya Information and Communications Act Chapter 411A. Both pieces of legislation were widely viewed as draconian but were rushed through the legislative process, with little regard to conscience. Nevertheless, the national parliament is bloated, and the Kenyan public is grossly over-represented. The creation of two houses of parliament was a novel idea because one was specifically tasked to defend devolution. The irony is that devolution was the people's choice, yet a whole house is designated to protect it. 

The National Assembly is made up of elected members from the 290 constituencies and 47 women representing the counties. There is a further elastic number of nominated members representing special interests. The size of the house betrays its significance. The 350 politicians cannot have adequate time to speak to issues of national importance in a seating. The House operates like a marketplace where legislators would sign in when they feel and sign out when the agenda is not interesting. Therefore, attending the parliamentary seating becomes voluntary, yet they earn huge benefits including seating in parliament. It becomes a challenge to gauge the contribution of individual members in their parliamentary role. The recall clause for members of parliament is a statement of democracy. However, in a system where people are concerned about their next meal, it is not feasible to have the recall clause taken seriously. It is necessary to reduce the number of constituencies to have it more efficient and effective in service delivery. This will provide the speaker with an opportunity to know each of his/her flock. The 47 counties can make a good start for the constituency delimitation. 

With reduced national parliament constituencies, the current 290 can be converted into sub-national assembly constituencies. The elected members at the sub-national level will be meeting at sub-national assemblies in the eight regions. Nairobi should remain under the National Administration. The 8 are North Eastern, Eastern, Central, North Rift, South Rift, Western, Nyanza, and Coast. The regions would each elect a governor by popular vote. The governor shall appoint a deputy and not more than 10 ministers from among the members elected to the regional assemblies.

The education level for the candidates for election in the national and sub-national legislatures should be pegged to a university degree. This decision acknowledges that a knowledge society is a progressive society. To represent, one must have gone through the education system and earned a degree qualification. This will accord the contestant a superior comprehension of issues and motivate communities to enrol for higher education. The system should use the mode propounded by the earlier proponents of state and government who advocated for leadership by the philosopher-kings rather than rule by the appetitive elements.

The presidency should be enhanced to control the national economy, health, education, national security, defence, foreign policy, international trade, and natural resources. It should retain 80% of the national revenue to ensure equalisation in the eight regions. The election of the President should ensure an absolute majority of the popular votes cast and a further majority in four of the eight regions. After election and swearing-in, the President shall appoint a Vice President, whom he may replace at any time within the term. The president shall appoint not more than 15 ministers from among the members of parliament.

Appointments to policy levels of government shall be based on regional, ethnic, ideological, cultural, and religious balance. The political class should focus on service delivery as expected by the electorate. An independent commission shall conduct and publish scientific findings on the performance of legislators at both levels. This will be based on the fundamental functions of parliamentarians to represent, legislate, and oversight.

A constitutional review is not a bad idea. The challenge is the motive of the review. The guiding ideal should promote government efficiency while reducing redundancies and unnecessary costs to the taxpayer.

Internal Contracdtons in the Bottom-Up Economic Model

The Greek Philosopher Aristocle (Plato) (428/427-348-347 BCE) dissected the three types of people in society: the artisans, the auxiliaries and the philosopher kings.
The artisans are the producers. They are the 'Wanjikus' making the base of the society, providing the market for goods and services in an economy. Kenya's contemporary uses the term "hustler" in reference to the category. A faulty economic system has an asymmetric effect on the artisan category because they often rely on day-to-day earnings from microenterprises for a living. In Sigmond Freud's categorisation, this group of citizens is driven by the id. They are concerned about the current and are driven by appetites and desires. They are instinctual, and will often act on what they see and feel. They often coalesce around politicians for handouts, besides attending religious worship with a hope of economic liberation. They are gullible to scums and are the fooder for the current cyber scummers. This category is incapable of strategic thinking, but are the drivers of the economy. When adequately empowered, the economy will flourish.
Plato's second class is of the auxiliaries. They are the spirited element that is advanced in their thinking compared with the artisans. They are courageous and brave to protect and defend the state. They may not have the moral compass, and therefore have to be guided by a superior. In the contemporary setting, these are the middle class, the administrators and managers. In Freudian thinking, they are driven by the ego. They are sandwiched between the artisans and the philosopher kings. They are expected to follow the orders of the philosopher-kings and ensure that the appetites of the artisans are managed. The auxiliaries are the employers of the artisans. They thrive whenever the economy is thriving and so it is in their interest to keep the artisans safe.
Philosopher-kings are established at the apex of society. They are the most knowledgeable, virtuous, wise and conscientious. They are responsible for the just running of the state. They are responsible to ensure that justice prevails. Justice, in Plato's thinking, is when every component of society functions optimally. The three arms of Government are responsible for ensuring a smooth running of the state by providing an enabling environment for social, political, cultural and economic interaction.
The Bottom-Up economic models attempt to empower the base for economic takeoff. It presupposes that the base is skilled and strategic to undertake economic decisions that will spring them to higher standards of living while reducing their vulnerabilities. The model tends to bestow the responsibility of economic management to the artisans, beyond their capacity to bear. The approach was hypothesised by Karl Marx and was found to be feasible only when the capitalists have been toppled by the working class. The economic model hence looks for a state where the capitalists would be overthrown and power handed to the artisans. This is to be characterised by the nationalisation of private assets. This move started by drawing a dichotomy between the rich and the poor through the hustler-dynasty narrative. Ironically, the people fronting the approach are themselves among the wealthiest Kenyans with vast interests in private enterprise.
Proponents of the bottom-up approach argue that the people will have access to unsecured credit services to enable them to spring up. This would be rolled out differently from the revolving funds extended to the elderly, OVC (orphans and vulnerable children), people living with disabilities, youth and women. More resources are directed through the National Constituency Development Fund, and the respective county social safety nets.
Cases are replete of people who get promoted at their employment, and their promotion ends up in killing their talents and careers. The promotion is often made from the area of capacity to a managerial position. Artists have been promoted from their fields of play, music, comedy, etc to managerial positions. The promotions have killed their cares because they cannot continue with their calking, yet they are expected to perform in the managerial and administrative roles. This, according to Plato, is a misjudgement that results in injustice.
The Bottom-up economics, besides causing confusion in the economy, is likely to be a costly experiment. From experience, Kenya is supplied with opportunists who find loopholes in every government undertaking towards the citizens. The nation will lose a considerable percentage of the GDP in the process of implementing the approach because the motive of some of the functionaries is to get rich. The moral fabric of the state is torn in the middle.
Government loans and security will be defaulted because of the internal contractions in the strategy. The mass employment that the model proposes will lead to massive underemployment that will exacerbate the mental health situation that the nation is already grappling with. The people will be directed into areas that are not of their competence and passion, driven by economic motivation. This will worsen the state of affairs that has already been created by the confusion in the education system through the poorly implemented competency-based curriculum.
An approach for Kenya's economic fortunes is to create an enabling environment for businesses to thrive. This is through infrastructure development and a reduction in corruption, wastage of public resources. The citizens should elect the right people for political positions, with the knowledge that these positions determine the policies and laws that are enacted. The bottom-up economic model does not only fail to be the panacea for the current challenges, it is a disaster waiting to happen.

THE COVID-19 PANDEMIC AND VIDEO CONFERENCING FATIGUE

The SARS-CoV-2 Pandemic has brought to fore new ways of conducting business in the government and private sector. With the transmissions occurring mainly through contact with respiratory droplets, health research established ways of minimising infections. These include social distancing of maintaining a gap of at least six feet between two people. The science behind this is that the virus could not move in the respiratory droplets past six feet. Hence, the transmission is highly unlikely under the case. Secondly, the health research established the need for donning masks in public on in congested areas. This also prevents transmission through respiratory droplets from an infected person to a healthy person. Protocols have been issued on donning and doffing of masks. Further items that help to reduce the risk of transmission are the use of gloves and face shields. People have been advised to stay in their houses unless there is a compelling reason to get out or to travel. This has led some countries to impose radical lockdown measures with a view to reducing the rate of transmission. With over 90% of the positive test cases being asymptomatic, one may never be sure whether someone within the environment is an asymptomatic patient. 

A further advisory on caught etiquette and respiratory hygiene is recommended by the health experts. One is expected to cough or sneeze inside a folded elbow and immediately sanitize with an alcohol-based sanitizer approved by the standards agency. Alternatively, wash hands with soap and running water for at least 20 seconds, the time which the protective proteins of the virus is broken down by the action of soap on the virus. 

For note, however, not anyone or two of these measures is adequate to prevent the spread of the virus. Each of them has to be considered to increase the probability of desired safety. However, with all the measures considered, there is still a chance of spreading the virus. This is because the virus is said to be airborne, and most often people touch the front of the masks or touching their faces, thus exposing themselves to the virus. Research indicates that the virus gains entry into the human body through three points: the mouth, nose, or eyes. 

The Practice of Videoconferencing

The onset of the pandemic brought in new modalities of socialising and conducting meetings. Operations had to continue even with the lockdowns and the cessation of movement. Hence, video conferencing becomes the preferred mode of conducting meetings and coordination activities. This came at a time that most of the people had not had the opportunity of learning or using virtual platforms for meetings. Hence, there are embarrassing members from some of the meeting participants while conducting the virtual sessions. There is one incident that was recorded and ran viral in the social media, of a meeting of diplomats. One of the diplomats stood from his seat, proceeded to the washroom, and relieved himself on life meeting. In other lesser embarrassing moments, people holding the meeting at home, then children come running and use uncivil language while the meeting is in progress. In some cases, there are technical hitches where the microphones or earpieces fail, thus affecting the meeting.

Addressing the embarrassing moments

To be able to conduct a successful virtual meeting, the participants should prepare themselves as if they were attending a physical meeting. The preparation for a physical meeting is usually preceded by the choice of a serene venue. The sound systems, lighting, and ambience are checked to ensure that the conference room is fine. The meeting participants ensure that they have set their mobile phones in a way that will not disrupt the meeting once it starts. People are not usually allowed to walk in freely or disrupt the meeting while in progress. These are actually ordinary protocols for physical meetings. The same, if applied in virtual meetings, leads to productive engagements. One may consider the following points to host a productive meeting. 

1. The host should share the meeting link address early enough, allowing ample time for testing the tools before the official starting time of the meeting. Where necessary, someone should test the gadgets of the meeting participants in good time to ensure there are no technical hitches with the gadgets 

2. The meeting participants should dress up appropriately and decongest the meeting room, or environment by sitting in front of a clear background. This will avoid the temptation of people getting lost to the patterns or the mages in the background. Proper dressing is meant to accord the meting the seriousness that it deserves 

3. Each of the participants should ensure that they have an adequately strong network connection. Weak links often disconnect midway thus affecting the flow of communication. This will also cure the waste of time by repeatedly asking whether one is being heard by the colleagues. 

 4. The participants should be prepared adequately for the meeting by going through any documents that are meant for presentation. The early preparation will make it easier to run the meeting since all are aware of what is being discussed. A productive meeting is one where all participants are on one page at any given moment, and contribute their ideas with the hindsight of the meeting agenda. 

 5. The meeting host or the moderator will guide on whether the participants should be on video or audio. This decision is informed by the strength of the network, and the available bandwidth, and access. If the participants are not able to afford the desired bandwidth for clarity, or when the infrastructure deployed is not optimised, then the meeting may proceed in audio format. The advantage of video is that the host is able to follow on the attentiveness of the participants. It is a common practice that some participants set on the meeting, mute their audio and video, and then leave for other activities. This means they are neither active nor passive participants. They are clearly ghosting. 

 6. Using the meeting, participants often switch languages. This may sound informal, and hence dilute the formal nature of the meeting. In a formal meeting, the participants should try their best to maintain the use of one language 

7. The person taking the minutes of the meeting should be keen to ensure they follow up on what is said and what is written on private chat. In the place of the participants, the secretary can take a screenshot of the portraits of the people present. In this case, each of the participants should indicate their official names for the record. 

Addressing the Video Conferencing Fatigue

 Videoconferencing fatigue is caused by various factors, key among them being the drain one gets while stuck in a meeting for long. As opposed to a physical meeting where one can whisper to a colleague, in a virtual meeting, participants are often in their own rooms, looking at faces on the computer screen. Studies indicate that people attending virtual meetings tend to be looking at themselves more in the video that the time to gaze at other participants. This creates more self-awareness and hence the need to put more effort into one’s appearance. This results in more fatigue as one thinks of how best to present themselves in subsequent meetings. They are hence working for the cameras and not for the people. 

Participants in a virtual meeting, especially using the computers tend to multitask. They may be responding to emails, or to chats unrelated to the meeting in progress. This reduces their concentration in the virtual meeting, hence overworking their brains to process other information concurrently with the information of the ongoing meeting. 

 The constant gaze at the screen is a cause of fatigue. This is complicated by some of the background designs of the meeting participants. Through the video, participants scan through the background of colleagues’ environment, thus forcing the brain to multitask. This adds to the fatigue level of participants who try to analyse the background appearances. 

 To address these concerns, the meeting should not last longer than an hour without a break. This allows time for the participants to recollect themselves and reenergize. On the matter of complicated backgrounds, the participants should use simple backgrounds, if not plain or solid colours. Busy backgrounds are most likely to affect the other participants.

The meeting host should allow participants to mute their videos at some point. This offers their eyes some rest from staring at other people faces on the screen. Related to this, as well, the one should hide their own video so as not to concentrate on themselves but look at the other participants’ faces.

The virtual meetings should be adequately spaced. Crowding the meetings would lead to fatigue because meetings drain the brain.  

Despite the challenges of virtual meetings, they prove to be cost-effective and often directed straight to the main agenda as compared to the physical meetings. With the COVID-19 pandemic containment restrictions, the meetings are the best alternative that allows communication in the context of the pandemic.

The Solution to Behavioral Degeneration is Mentorship

A social scientist has a responsibility of analysing the social contexts and come up with the workable options. Whereas a natural scientist has a laboratory, a social scientists lab is the society. The laboratory for a social scientist is in the environment. Through observation and interaction with fellow human beings, a social scientist can decipher the problem and analytically produce a proposed resolution. The difference between the two is that one may establish an absolute solution to a problem, while the other produces probabilistic options. Since the onset of the SARS-CoV-2 pandemic in Kenya in March, there have been concerted efforts at establishing containment measures. Most of the effort was on the development and production of alcohol based hand sanitizers, facemasks, hospital beds, and other personal protective equipment. However, the software component was forgotten, only to surface when cases of sexual and gender based violence were noted to be on the increase. Further, there was need for mental health and psychosocial support services. A natural/hard scientist may not immediately understand the social engineering on these issues as a priority, as s/he would for the tangible tools and equipment. On this backdrop, I explain the gap that exists in the society that needs the social scientists to establish a path for engagement. The Status of the Moral Fabric Long time ago, there was a clearer distinction between law and morality. Whereas morality was the main guide for behaviour in the society, laws were made and enforced by reward and punishment. Thus, what is immorality is not proof of illegality. It is, for instance, good manners for children to vacate a seat for an elderly, but it is not illegal not to vacate. It is good practice in some communities to conduct cattle rustling, but it is illegal under the law. Morality is the inner appeal to do good and avoid doing bad. It is guided by reason and conscience. Laws are universal, while morality is contextual. The growing influence of modernity has greatly eroded morality. The society has become sensitive to rights, to the extent of trampling on the very social fabric that tied communities together. The call of humanity has been watered down by the rights of individuals propagated by positive movements. Effectively, morality has been subjected to the whimsical interpretation, often leaning to short-term economic gain. Hence, morality is at the brink of precipice. On this understanding, the society is experiencing an increase in crime and violence. The different age groups are fighting to outdo each other, leading to the neglect of the senior members of the society by the younger generation. For instance, the centennials consider themselves equal to the baby boomers. The centennials are so exposed to the internet and the social media, and are able to learn many things without adequate supervision. Together with the late millennials, the Centennials drive the demand of the online content, and are often driven by the desire for quick wins and instant gratification. This characterisation further punches holes to the moral fabric that once kept the society intact. The need for instant gratification is demonstrated by the increase in corruption. To this category, success is measured by the cost of living of a person. This is indicated by the kind of house one lives in, the cost of clothing and the type of vehicle that one drives. The generation is further sensitized their rights and freedoms more than duties and responsibilities. Most have a do-not-care attitude with an above-average sense of self-importance. Some would receive their phones while in meetings. This is indicative of their imagined sense of self-importance. They think the world revolves around them, and so they should respond to any call, any time. This has also been witnessed in classes. When they are not talking on phone, they are watching videos or listening to music on their handsets. Hence, their concentration on the content delivery becomes compromised. Causes and proposed solutions to the Problem Poor parenting skills are partly to blame for the situation. There are cases of teenage parents who got pregnant before they were mature enough to bring up a child. Hence, there is need to have parenting sessions for people of reproductive age. The shared experiences during the sessions may help the parent to understand the logic of the parenting style adopted. The elderly should also be asked to talk to young parents and their adolescent and adult children about parenting. Secondly, the success has been misinterpreted. A section of millennials and centennials define success in terms of monetary value. One would therefore use any available means to create wealth, irrespective of principles of integrity, transparency, and accountability. There is need to explain success in terms of the quality of both physical and mental life. This is created through networking and sustainability. Further, the message of philanthropy should be emphasised as a way of cohesion and people-to-people development. Thirdly, the society is short of role models. There is a shortage of modelling in learning institutions, communities, religious forums and other social places. The role models should be vetted people of integrity whose success can be logically explained. They should be people who have risen gradually to their status. There have been stories of rich people whose rise to fame and riches is shrouded in mystery. Conclusion In conclusion, some of the problems in the society are solvable through mentorship. Success should be measured by the difference one makes in someone’s life. Money is a means to an end, and not an end in itself. Hence, money is a part of what defines success, but not success itself. Good health, safe environment, empowered community, and good mental health is the key to the definition. The role models should awaken the giants in themselves and volunteer to build their communities.

ADDRESSING THE CHALLENGE OF EXTREMISM AND RADICALIZATION IN KWALE COUNTY

It has been a very busy week for me trying to coordinate youth forum sessions in Kwale County to establish the likely causes of extremism and radicalization in Coast region generally and Kwale County in particular.

METHODOLOGY

Three youth were selected from each of the twenty electoral wards in Kwale County. They were then trained on how to conduct sessions at ward level to establish the root cause of poverty, extremism and radicalization. The youth were required to keep the relevant authorities informed of the activity.

The ward level youth forum sessions were done in a week's time with close supervision and regular updates done.

The youth were then invited for a two-day forum to discuss and share their findings. The 20 wards were merged at sub county levels to yield four groups.

A plenary discussion was held to contextualize the activity, after which break-away session based on the the four sub counties were done. The session informed the collocation of issues affecting Kwale County.

FINDINGS

Eleven issues were identified as the challenges affecting the youth in Kwale County. In order of intensity, the list presents the issues as raised :

1. POOR LEADERSHIP AND GOVERNANCE

was identified as the major cause of extremism and radicalization. The respondents felt that lack of visionary leadership based on strategic management is to blame for the state of affairs.

2. CORRUPTION

This was ranked number 2. The respondents felt that abuse of office by government officials and lacking integrity, transparency and accountability is to blame for the status of the youth. They complained the high cost of doing business diminishes returns. Besides, the youth do not have proper identification documents due to the hidden charges of acquiring them.

The police service was also identified as very corrupt and intimidating. They officers often arrest innocent youths on accusation of engaging in either terror related activities or drug and substance abuse.

3. UNEMPLOYMENT

This came as challenge number three in the list of the challenges affecting the youth in Kwale County. A sizeable majority of the youth in Kwale are jobless. Most of them use the available time in non-productive activities. As the potentially most productive segment of society, the unemployed youth may engage in any activity that would keep them busy including engaging in criminal and terror-related activities.

4. RESOURCE CONFLICT

A majority of Kwale County residents do not yet have title deeds for their lands. Land conflict has been the main resource conflict affecting the residents. Other resources that are a source of conflict are water points and grazing lands.

5. LOW LEVEL OF EDUCATION

The level of education in Kwale County is very low. The County is among the worst performers in national exams, both at primary and secondary level. At the moment, there is one university campus, the Technical University of Mombasa. The 200-student Campus is located in Mabokoni in Ukunda. There are however a number of tertiary institutions including youth polytechnics and the Kenya Medical Training College. However, the psyche to enrol into these institutions is still low. In some cases, there are no applicants due to the required minimum secondary school pass mark. A case in point is the offer by Base Titanium Company to sponsor 10 youths from Msambweni Sub County for any course offered by the Kenya Medical Training College. In the first year of the sponsorship, only three young people had achieved the pass mark. Seven positions were therefore wasted.

6. NEGATIVE PEER PRESSURE

This came sixth in the ranking. Due to the high illiteracy levels and the remoteness of some of the areas within the county, there is no role modelling in these areas. The youths are their own advisors and role models. Since they are almost all of the same level of education and exposure, they end up lacking proper guidance on the way of life. They learn to accept any information (and often misinformation) that comes their way. The youth forums in these remote areas would therefore degenerate to forums to discuss non-productive, and often criminal activities. This would continue as the population swells, thereby enhancing the vicious cycle.

7. DRUG AND SUBSTANCE ABUSE

This was also identified as a major challenge amongst the youth in the county. This could be attributed to the readily available means through the ocean. Statistics indicate that 54% of the youth in Kwale County are affected by drug abuse.

8. LACK OF LAND OWNERSHIP DOCUMENTS

This matter affects a huge population in Kwale County. Land related conflicts have been steadily increasing as some people are selling land whose ownership cannot be easily ascertained.

9. POOR RELATIONSHIP BETWEEN YOUTH AND SECURITY AGENCIES

The relationship between the youth and the security agents has been deteriorating. Despite the police reforms that being implemented, the youth have a negative attitude whenever they interact with the police. The police are accused of mishandling innocent youth and intimidating them. Since most of the Al Shabaab members are young Muslims, the police are being accused of profiling suspects based on their religious affiliation. This creates suspicion between the youth and police hence affecting their relationship. Besides, police were accused of soliciting huge bribes from the youth in exchange for freedom from police custody.
The police are said to be lacking in integrity. They do not protect the identity of the civilians who report the unbecoming conduct of their colleagues. This further complicates a case while endangering the life of the citizens who report police misconduct.

10 TRIBALISM

This is done by favouring someone on the basis of his ethnic background for public goods like employment and awarding of tenders and government loans. Though Kwale County is dominated by two communities of the Digo and the Duruma, there are many other ethnicities both within the larger Mijikenda group and ethnicities from mainland. Tribalism is therefore observed in allocation of public resources at both levels of government. The business community also suffers the brunt tribalism through the buying patterns. A buyer would most likely purchase a commodity from a shop owned by his or her tribes mate.

11. RETROGRESSIVE CULTURE

Culture is a people’s way of doing things. It is the totality of the daily routine of a community based on its socialization. The residents of Kwale County have some cultural practices that are retrogressive to development. These include early marriages, polygamy and wife bartering among others. Some of the communities consider girls as a source of income at the time of marriage, and therefore they don’t deserve education.

12. LACK OF YOUTH FRIENDLY SERVICES

The youth are not well served by the government. Though the national government introduced Huduma Centres to ease public service delivery, the available facilities are not adequate for the surging number of clients. There is need to increase the coverage of these services to ward levels I order to reduce the distance covered in search for these services and also to reduce the probability of bribery.
The services could be better still made online since most of the youth spend time on the internet. Other services that are youth friendly include recreational facilities like sporting and enterprise. The government was asked to enhance the capacity of the many devolved funds to the youth, women and persons with disability. Awareness campaigns may also be considered to enlighten the youth on the need to be self-reliant.

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DISMISSAL OF THE INSPECTOR GENERAL OF POLICE AND THE INTERNAL SECURITY CABINET SECRETARY IS NOT PANACEA TO NATIONAL INSECURITY

So much has been said about the state of insecurity in Kenya. The general public has been debating the situation since the election of the Jubilee Government in March 2013. Kenya came under a spate of perpetual insecurity ranging from terrorism, stripping of women, thuggery, robbery including carjacking of a presidential motorcade vehicle, arson, among many other matters insecurity. The citizenry has demanded the resignation of the security leadership to a deaf ear of the President. The Coalition for Reform and Democracy movement has been at the forefront in demanding action from a government that specializes in issuing unqualified warnings. After more that 500 Kenyans succumbing to acts of terror claimed over 500 civilians and over 300 security officers, the President announced changes in security system by replacing the Inspector General of Police and the Cabinet Secretary concerned. The Presidential decision has proven to be too little too late, coming after the opposition coalition had called for the resignation of the President himself. The President outraged Kenyans by blaming the citizens for not doing enough to curb insecurity. Suffice to mention that Kenyans have faithfully paid taxes that are used to fund security agencies. The President, in an unprecedented speech reacting to the killing of 28 non-Muslim passengers in a bus in the North-Eastern County of Mandera absolved himself and the state from the blame on the killings. A week later, 36 Kenyans were killed by a terror gang in the same county hours after two Kenyans lay dead in the same county. It was not surprising therefore, after piled up anger from Kenyans that the President finally relieved the two security officers. The act, though tough, does little to prove the seriousness of the President. It would therefore be logical for the People of Kenya under a political outfit to call for the resignation of the President on grounds of incompetence. The primary purpose of state is to assure its citizens of their security. Kenya is the strongest power in the East and Central African region, and such insecurity only serves to compromise the gains so far made by hardworking citizens to build their country. Failure by the state to assure security means the state officers involved, starting with the President himself, ought to resign. The Coalition for Reform and Democracy on their part should work harder to strengthen their internal structures and offer a challenge to the Jubilee Coalition. As matters stand, the Orange Democratic Movement is the face of the Coalition, dwarfing the Wiper Democratic Movement and the Forum for the Restoration of Democracy-Kenya. This means therefore that in case of an alternative, ODM is the outfit to watch under the leadership of Prime Minister Raila Odinga, Chairman John Mbadi and Secretary General Ababu Namwamba. The opposition, irrespective of the outfit, should come up with strategies in consultation with the civil society organisations. Kenya is sitting on a time bomb. Give credit where it is due. The Uhuru Kenyatta Government has opened up the Government and widened the democratic space through the myriad ICT-related initiatives. Infrastructural developments are evident and economic planning improved. However, economic growth is subservient to security needs of a citizenry. Kenyans were poorer under the Daniel Moi regime but felt more secure. Security may just be a state of mind, but this state is influenced by the omissions or commissions of the government. With the confusion in state apparatus charged with security, it is time that the people of Kenya must force the resignation of the Uhuru Kenyatta administration and their tyranny of numbers in both houses of Parliament. Kenyans should come out in large numbers demanding a fresh election, by hook or crook. I rest my case.

STATE OF INSECURITY AND PRESIDENTIAL GOOF

The Presidential statement that Kenyans should take responsibility for their security is just another pointer that Kenya needs a more focused leadership that understands the theory of the origin of state. It is the responsibility of state to provide security for its citizens as theorized by Thomas Hobbes in his state of nature. In his submissions, life in a stateless society is “solitary, nasty, brutish and short.” Man established a leviathan to whom he surrendered his power in return for security. Following the spate of insecurity across the country from both terrorists and ordinary criminals, the president, who is the sole commander-in-chief accused Kenyans of being irresponsible in their own security. He absolved the state from any blame of insecurity by asking Kenyans to ensure they are safe. The interpretation of the presidential remark is that the state has failed in its role of protecting its citizenry as theorized by Thomas Hobbes and other social contractarians. Kenya is therefore getting into the league of failed states. The security situation is dilapidated to the extent that even a presidential escort vehicle was stolen and later traced in the neighboring country of Uganda. The deaths of politicians (or assassinations) is also raising serious security concerns. Two years after general elections, the country has lost two opposition-leasing senators in unexplained circumstances. The passing on of Senator Mutula Kilonzo under mysterious circumstances has not yet been explained. Senator Otieno Kajwang also passed on. Autopsy reports indicated that the latter’s six ribs were broken from a man who was in the Senate a few hours before meeting his death. Terror-relating insecurity has also affected the country. Months after the Jubilee Government was sworn into office, the worst terror attack of the millennium hit the country at Westgate Shopping Mall in Nairobi killing more than 60 Kenyans. A number of several other attacks have rocked the nation without a comprehensive report besides the political lashing and blame games by the government. Ultimately the security lapses in the country are blamed on the President. The buck stops with the Commander-in-Chief. I agree with the president that security should involve the citizens. The insecurity elements reside within the citizenry, and some are well known. However, it is also known that some security officers collude with criminals in their heinous activities. This has compromised the openness of the citizens in revealing suspects as the practice endangers their own security. There is need for behaviour change on the side of the security agents. The police service ought to be responsive to insecurity cases, put on a human face and act diligently on criminal intelligence from the public. A refresher course is in order for the security agents, while dismissing from the service those whose allegiance is not within the service charter. However, by the President asking Kenyans to take care of their own security, he admits publicly that he has failed to curb the menace. It is a way of passing the blame on Kenyans for his stately failures on security. Kenyans are paying their taxes religiously, monies that fund the security agencies, including the criminal investigation and national intelligence departments. The Inspector General of Police and the Director of National Intelligence Service must be put to task to explain the lapses. The President was elected to ensure the security of all Kenyans courtesy of the huge taxes levied on them. When it becomes evident as it has, that all the President and his cabinet secretary are doing is to issue unmet ultimatums to the criminals, the citizenry is in order to issue an ultimatum to the President. Mr Kenyatta should either shape up or ship out. Enough with political rhetoric, theatrics and public relations by his digital officers. The opposition Coalition for Reform and Democracy on its part need to come up with an alternative security strategy instead of engaging in endless blame games. Should Kenyans replace Mr Kenyatta as the President, there is no sufficient proof that CORD would be better. The political party in power ought to implement its political manifesto as a document under which the party was propelled to power. It was theoretically the manifesto that was approved on the ballot, and so the manifesto should be implemented as crafted. Opposition parties on their part ought to establish an alternative government. With the shadow ministers and their commanding numbers in parliament, CORD ought to come up with a party position on socio-political and economic challenges, not just for criticism of government, but for support where warranted. The admission by the president merits two arguments: One, that Kenya is going back to the state of nature where everybody is for themselves. In this state, life is nasty, short and brutish. It is a man-eat-man society where might is right. This is an unfortunate state in the 21st Century, signalling the failure of constitutionalism. Secondly, the admissions was a salute to the power of criminal gangs. Having known that they have outsmarted the state despite the latter’s legal and operational authority, these criminal groups will multiply in numbers by recruiting more members in their ranks. The third point is that the police service is rendered ineffective in its constitutional responsibility. Thus the President’s admission absolves the police inspectorate and the entire security mechanism of any responsibility. The US Secretary of Defence resigned because he felt incapable of handling the ever-growing threats to the United States. With the increasing national insecurity, the President ought to consider a reshuffle and have a more competent person as Cabinet Secretary. In conclusion, the Presidents is expected to provide a father-figure and unifying force for Kenyans. He has to assure Kenyans of the safety through the constitutional mechanisms. The opposition parties and civil society groups need to suggest alternatives and enhance awareness among Kenyans on the state of security in the country. Should the insecurity continue, then Kenyans may resort to removal of the incumbent through any constitutional means which include mass action.

THE SPEAKER OF THE KENYA NATIONAL ASSEMBLY’S FAULT

Following the ruling by the Speaker of the National Assembly on the admissibility of the nominees for the position of the Chief Justice, Attorney General, Director of Public Prosecution and the Controller of Budget, it is clear that the person Kenyans have had a lot of hopes on decided to be intimidated by threats of a censor motion. It is unfortunate that the good Speaker of the National Assembly, an Advocate of the High Court, is setting a dangerous precedence by making a ruling that is clearly unconstitutional without a blinking of an eye. It is indeed a sad moment for democracy in Kenya as the Speaker has clearly arrogated to himself the position of the Chief Justice, by declaring that even the High Court Ruling is inconsequential in as far as his legal opinion is concerned.

Allow me to shed some light in putting the issue in perspective. The newly promulgated constitution of the Second Republic of Kenya provides for three arms of government, these being the conventional branches of the Executive, legislature and judiciary. Each of these arms has a boundary of where it reaches. The work of the legislature is to make laws and policies, and to provide a checking system of the operations of the executive. It is the responsibility of the judiciary to offer redress whenever justice is denied to any citizen or a section of citizens in Kenya, whether by the state, state agency or a non-state entity. Finally, the executive arm is responsible for the day-to-day operations of state, checked by both the judiciary and the legislature. Plato argued that there can be happiness when each element of the human mind is contended with its position and therefore work in harmony for the fulfilment of state functions.

It therefore came as a surprise that the Speaker of the National Assembly Kenneth Marende, bowing to pressure and threats from the Party of national Unity under the leadership of President Mwai Kibaki, made a ruling as to the admissibility of the irregularly nominated names to the positive. Some members from the President’s side had threaten a censor motion against the speaker should he rule against admissibility of the four names. The whole nation waited with bated breaths for two days to get the speaker’s ruling, at the same time the High Court was to give its ruling on the same issue. Initially, the Judicial Service Commission had cast aspersions on the legality of the President’s move in forwarding the names of the nominated candidates without due consultations as required by the constitution. It has sadly been the practice of President Kibaki to abuse the loopholes in the Constitution whenever his parochial interests are at stake, in total disregard of the spirit and letter of the law. Not so long ago he appointed Keriako Tobiko as the Director of Public Prosecutions. In August last year, Kibaki delayed the promulgation of the Constitution by using frivolous excuses even if form the same constitution. The very president, who is accused of presiding over the country illegitimately, refused the Prime Minister to be Secretary of Cabinet in the spirit of a coalition Government. The appointment of the CID Director was equally controversial as was the appointment of the Leader of Government Business and Chair of the House Business Committee. The President has refused to crack the whip on corrupt elements in his Government, and an excuse on this would be that no cases are ongoing on some of his lieutenants. This means that the President is reactive as opposed to proactive, and that he would wait for others to find fault for him to react.

The ruling of the Speaker is a clear indication of impunity on the legislature. The precedence being set on the basis of “interference from other arms of government” may be applied by the executive arm. It is imperative that the speaker of the national assembly recollects himself and rectify this anomaly before it is too late. The respective parliamentary committees need to be adequately advised, to find flaw in the original ruling by the Speaker. Impunity is simply defined by exercising authority in disregard of the law. It has been a cancer in the governance of Kenya since independence, where government officials in their respective capacities make decisions that are legally questionable, but are let off the hook because the are merely carrying out “orders from above.” This was the excuse given by the individuals netted in the country’s biggest economic sabotage operation, The Goldenberg Affair. It is also evidenced in the police and security forces where extra-judicial killings have been done in the guise of “orders from above.” The new constitutional dispensation is expected to sanitize the governance and politics of Kenya, starting with the highest echelons of power to the grassroots, yet the Speaker of the national Assembly works to retard the advancement already recorded.
In his lopsided ruling, the Speaker claimed to decline to respond to a Constitutional question asked by a Member, on whether it was constitutional for the President to nominate members of the constitutional offices without adequate consultations. By shying away from giving guidance for fear of being censored, the Speaker actually ruled in favour of the President’s unconstitutional nominees. Whether the nomination process was constitutional or not, the four names are already stale, based on the public debate and partisanship that has gone on. The state officers, if appointed, may not carry out their responsibilities with the desired impartiality. A clean set of nominees should be forwarded. In the legal parlance, it is a theory that justice should not only be done, it must be seen to be done. This connotes a political as well as legal process: legal for purposes of balancing and political fro mobilization, and for confidence of the citizenry to the justice system. It is in the public domain that the Attorney General is opposed to the process used by the President to nominate the said officers. The Attorney General is the Government’s chief legal advisor, yet he signed a document critical of acts of the government! Others who questioned the nomination process are the judicial service Commission. Yet despite all these, the Speaker of the National Assembly finds it prudent, in what some media houses have termed “solomonic ruling” of the Speaker. I fault this description, and instead term it as “selfish” ruling.
As the debate on the ensuing events rage, it is important to point out the concept of separation of powers. An ancient Greek philosopher called Plato came up with his argument on what constitutes a just society. He opined that a just society exists where each organ of the society carries out its duties with contentment. He argued that society operates like a human being. The human system, according to him, has three parts: the rational, the spirited and the appetitive elements. For him, there is harmony and inner peace when each of these parts plays their roles. He describes the rational element as the highest, which ought to keep the other two elements under check. However, this element cannot operate in disregard of the other two. There is always a symbiotic relation. The second element, the spirited element, is the element of courage. In a political system, this is the security apparatus. Finally, is the appetitive element, comprising the commoners. Should any of these elements overstep its borders or performs below expectations, then order will be disrupted, to result into anarchy. It happened in the 2007 General Election where the three elements became mixed up with the philosophers, princes and the priests (the three Ps) failed in their societal roles as to take the roles of their fellows. The world witnessed a degeneration of a state into anarchy, throwing into pieces the vested interests of the western economies.

It is this state of affairs foreseen by Plato that Mr. Marende, in his wisdom (or otherwise) wants to bring Kenyans. One unique thing within the legal parlance is that precedence is a source of law. It follows that some elements of Marende’s ruling are fresh entrants in the books of law and some parliaments within the Commonwealth may refer to it. How myopic, then was Speaker Marende as he made his ruling! Kenya has gotten into books of history for initiating a power-sharing governing following a stolen election. It (Kenya) exported a failed system to Zimbabwe, and could do the same to Ivory Coast. Now the Speaker wants to export a selfish ruling to colleagues in the Commonwealth.

It should be remembered that the Speaker’s ruling on the nomination of the leader of Government Business and Chair of the House Business Committee some time back was met with positive comments by all when he (Speaker) declined to be dragged into the wars and power plays within the Executive by declining to make a ruling. He instead took over the leadership of the House Business Committee until the time when the President and the Prime Minister would agree on one name to the position. Indeed, this ruling was not expected. Many had thought the Speaker would rule in favour of his party, the Orange Democratic Movement, whose leader is the Prime Minister himself. Were it constitutional for him to rule in same manner this time round, Marende would have declared himself nominee for the Chief Justice, Attorney General, Director of Public Prosecutions, and Controller of Budget. This indicates that Mr. Marende is power hungry, and a power maximiser per excellence. He has come out on many cases in defence of the independence of the legislature, on many occasions drawing justification from the interference experienced during the Moi era. This is in error because it creates a wrong impression that parliament is the only organ, supreme as to control the other organs. It is indeed abuse of democracy to have Parliament arrogate itself functions of other arms of government. The control of the Constituency Development Fund (CDF) by parliamentarians is a sign of deviation and a mockery of democracy. This is an executive function, which should be under check by both the judiciary and legislature. For parliamentarians to take over its management is a political misuse of power as these very managers will use the Fund to further their political ambitions, thus lacking in fairness in distribution of the funds. With the qualifications of some of these members of parliament, anomalies are expected. For one to qualify as a candidate for parliament, literacy is gauged on ability to write and speak in English and Swahili: a standard five dropout, in the Kenyan case is eligible to contest a parliamentary seat, so long as s/he is at least 21 years.

Besides taking over executive functions through resource distribution, the legislature has shown that it can arm-twist the executive to favour the legislature in execution of its responsibilities. This may happen through blackmail from parliament. In the debate over the eviction of squatters in Kenya’s biggest water catchment area, the Mau Forest, the Prime Minister, being the Principal of the two responsible for the conservation of the resource, was threatened of censor by parliamentarians from the Rift Valley region. This is because the eviction was interpreted as a political game by some members of Parliament. It has been a problem in Kenya that the Prime Minister’s moves are seen from the political angle, and from the 2012 succession game tricks as politicians strategise for the General Elections scheduled for 2012. His erstwhile enemies read politics from policies and processes, and strategize on political duel rather than development plans. Parliament thus is reduced to a House to settle political scores both real and imagined. It has led to some members of the executive looking at the government agenda from a point of political mileage rather than development strategy. However, this is not only with regard to the legislature against the executive. Even within the executive itself, it has happened. When Eldoret North MP William Ruto was Minister for Agriculture, his innovativeness and aggressive approach, hands-on style of administration caused his transfer to a less vibrant Ministry of Higher Education. Mr. Ruto solidified his base in the Ministry by moving to all corners of the country in his bid to reform the agricultural sector in Kenya. Some allies of the Prime Minister warned that Ruto’s rising popularity with the people posed a political danger to the Prime Minister. They read sinister motives in Mr Ruto, considering that the Eldoret North MP had fallen out with his party boss. Ruto was disgracefully transferred from the Ministry of Agriculture to a “less prestigious” “white-collar” Ministry of Higher Education, swapping places with the Aldai MP and fellow Kalenjin and diplomatic historian Dr Sally Kosgey.

In conclusion, it is important that state officers consider the larger interests of nation in their actions, decisions and principles. This is the time that Kenyans should be very keen, as it is the formative stages of the implementation of the new Constitution. The nation is still experimenting on the new-found constitution and therefore running a risk of establishing wrong precedence. The actions of the first Chief Justice will be instrumental in the justice system in the country for years to come. This could be the reason why the principals are flexing their muscles to have people who share in their personal philosophies get senior state offices. To give an example, a task force mandated to consider the operations of the county system is chaired by a university don Dr Mutakha Kangu, of Moi University. The law lecturer is an ardent advocate of a federal system of governance, a structure highly regarded by the Prime Minister. The country waits to see the recommendations on the nature of the county governments and how they relate to the centre as proposed by this task force. As the head of the legislature, Speaker Kenneth Marende is yet to make many other rulings, still in line with the process of implementing the Constitution of the Second Republic. Should he mess up as he has done with the present ruling, then the public should demand his replacement, noting that his rulings are for the present generation as well as posterity.

PREDATORY GOVERNANCE AND QUEST TO JUSTICE: PLACE OF ICC IN NATION STATE AFFAIRS AND INTERNATIONAL RELATIONS

COURTESY OF JAVAS ARAFAT BIGAMBO

It is trite law that under international law states ratify or assent to international conventions or treaties in good faith. No state can claim that her ratification of a convention, agreement or declaration is as a result of duress or unorthodox means. It follows then that the adherence to any international instrument is pegged on the principle of Pucta sunt servanda. No country has a right to be involved in the affairs of another otherwise that would amount to abuse of sovereignty. Be it United State of America, Japan or Kenya, international law sees these countries as equals and applies to them in similar manner.

The international community has in history suffered great deal of atrocities, be it racism, terrorism, gender discrimination, apartheid, colonialism, neo- colonialism, genocide, crimes against humanity and many more. It is on this notion that the international community found it necessary to come up with various conventions to counter these atrocities. Raphael Lemkin in coining the term genocide was met with a lot of difficulties as to how the perpetrators of these heinous acts would be punished as justice is given to the victims. The international community therefore set up various tribunals to counter check these acts, the Nuremberg Tribunal was formed and indeed justice was seen to be done. Many of the perpetrators were prosecuted.

Through the years there were many ad hoc tribunals formed to address these atrocities. The Sierra Leone Tribunal, Former Yugoslavia Tribunal and the Rwanda Tribunal were and are still instrumental in curbing these gross violations of human rights. The International Criminal Court (ICC) through the Rome statute was established to prosecute individuals or states or state agencies who commit these atrocities. African states and indeed Kenya having ratified the Rome Statute are not immune to the jurisdiction of the court. It is on this premise that the ICC can at any time intervene in matters that fall within its jurisdiction as long as it is able to prove their commission.

Is ICC a western project? This would be the chicken and egg question; I would sit on the fence when faced with such a quagmire. Reason being that the Western states have always been the ‘big brother’ to African states and therefore dictating whatever they feel deem as long as it serves their interest. The Universal Declaration of Human Rights (UDHR) for instance, was violated by the United States of America by having discrimination laws in their national legislation while preaching against the same vice to the developing countries, further, England and other European countries had colonies in many African states: a clear violation of UDHR. ICC may perhaps be another western project in trying to get a grip of African affairs. There have been no prosecutions of George Bush or Tony Blair or any leader who supported war on terror despite it resulting in the deaths of more 48,644 Afghanistan civilians as at 10 the of August, 2010. This in clear terms is violation of the Rome statute but the ICC has closed its eyes and focused on African affairs. The ICC has not prosecuted any government official from the Democratic Republic of Congo (DRC) because the western states are economically gaining from the vast minerals in that country. The ICC has been blind to the mass killings (genocide), rape and persecutions of innocent citizens because it is muzzled in one way or another by the western powers.

On the flip side however, the African states must not be forgiven for the atrocities they commit to their populous. The government of Zimbabwe has through corruption and bad governance neglected its citizens and caused mass deaths of innocent people, Sudan in the Darfur region, Nigeria in the Delta region, Sierra Leone case and of course Kenya in the post election violence are but a few of the African nations that have negated performance of their obligation in the Rome statute. The ICC has been instrumental in ensuring that the perpetrators of these acts are prosecuted. The ICC has been able to instill fear in the governments of the day and in one way or another prevented the violation of these rights.

Kenya must therefore embrace the wrath of ratifying the Rome statute and accept that it has the teeth to bite when the provisions therein are violated. Kenya ratified the Rome statute in good faith and therefore must accept to be bound by its provisions and let the ICC continue with its work. Kenya did not constitute a local tribunal within the given time and therefore indirectly allowed the ICC to take its course, it is further noted that government through its leadership acquiesced to the presence of the ICC prosecutors and even signed various documents giving it the go head in commencing the process. It is critical to note that the lives and properties of many Kenyans were lost, justice must therefore move in with expediency to ensure that those who organized and instigated the violence face the full force of the law. It will be unfair to the victims of the post election violence to be left in limbo without any assistance from the ICC on the guise of sovereignty and territorial integrity by the Kenyan government. The scales of justice must be seen to balance equally.

In conclusion, Africa Union must accept the mandate of ICC and stop inciting its members from abrogating their duty under the Rome Statute, it must instead ensure that its member states do not commit crimes against humanity and then circumvent on technicalities in an effort to derail the process. Kenyan leaders in one way or another are culpable for what happened after the election and therefore must account to the Kenyan citizens. Impunity must never be allowed when it serves the interests of a few well connected political elite rather all must be punished for whatever wrongs they commit despite their social status. As one judge said, no one is too high to be above the law or too low to be beneath the law.

ABUSE OF KENYA'S SOVEREIGNTY

The International Criminal Court has mentioned six potential Kenyan suspects of the heinous killings pursuant to the 2007 post election violence that cost lives of more than1,300 people, destroying property worth billions of Kenya shillings and displacing over 600,000 Kenyans. Indeed the events leading to the political crisis need a critical mind to accord justice not only to the victims but to the facilitators of the violence as well. Justice should not only be done, it should be seen to be done. Justice however applies both ways, both to the offender and the offended. Public opinion may stand an obstacle to the way of justice, as evidenced by the acts of mob injustice. Though a majority of Kenyans seem to be supporting the International Criminal Court in its pursuits of Kenyans who sponsored and financed the post 2007general election violence, various issues need attention as we consider the course of action.

The International Criminal Court itself is an institution established on the principles of international law. As this institution is under consideration, caution should be taken in understanding the operations of the court. In expressing the standpoint of the United States of America in relation to international law, former envoy John Bolton stated categorically that international law is subservient to the law of the United States, and that it is merely international morality, and not obligation. Should this be considered as a reason as to why the United States is not a signatory to the Rome Statute, of which it is the reason, then equality principle of states in the international arena should be reconsidered. China and Israel are other notable states not signatory to the Rome Statute. This means that the most powerful states of the world are not party to the Rome Statute. It leaves the grand institution expected to accord justice internationally to armature states of Africa, Latin America, Eastern Europe and Asia. Logically, it follows that the institution is a tool of the central powers to force the periphery to submission. Stated differently, it is a form of neo-colonialism of the west to impose decisions on the peripheral states.

Several facts have to be stated clearly to shed light on the argument. This argument begins with the disputed presidential result of the 2007 general election. It was a surprise that despite the reports by the international observers that the declaration of the election results by the electoral commission was suspect as to who really won, the American envoy in Nairobi congratulated Kibaki for the ill-gotten victory. Whereas Ranneberger was busy congratulating the incumbent for the stolen victory, the United Kingdom parliament decried the declaration of the presidential result. After wide international outcry, the United States changed its position to question the presidential result. The then Secretary of State Dr Condoleezza Rice called for a real power-sharing deal between the contending parties, that of the Orange Democratic Movement of Raila Odinga and the incumbent Mwai Kibaki’s Party of National Unity. Rice called for a real power-sharing deal, a position that was shared by the European Union. Actually Dr Rice was for the interests of the United States, and not for the suffering masses in Kenya. Kenya is a centre for many American interests in eastern, central and the Horn of Africa, and so the United States could not sit back as they watch Kenya deteriorating into chaos. The coordination of Somali and Sudan offices could be thrown into disarray. Besides, the piracy business in the Indian Ocean coast would thrive.
It is a strategic choice for the developed world to subject the developing world into a state of perpetual poverty and dependence through conditional loans and donations. Should the developing world empower its citizens to self sufficiency, then the North, as the industrialised world is known in International Relations would loose its influence.

The Ocampo six comprise of the head of Kenya’s civil service and secretary to the cabinet Ambassador Francis Muthaura, who mention is an assault to the Presidency of the Republic of Kenya. Due to lack of a strong sense of nationalism by the Kenyan citizenry and the effects of brainwashing through the undiplomatic activities and tendencies of western diplomats notably Mr Michael Ranneberger, a majority of Kenyans believe that the acts of Moreno Ocampo the ICC Chief prosecutor are for the good of Kenya and Kenyans. It is an assault on Kenya’s sovereignty, condemning the state into a failed pariah entity, comparing it to Somalia. By negatively mentioning the secretary to the Kenyan cabinet is a clear indication that the whole structure of Kenya is ailing. Mr Francis Muthaura, alongside former police commissioner Major General Hussein Ali, and a journalist are three non-politicians in the list. This balances three other politicians, Cabinet minister Henry Kosgei, the Chairman of the Orange Democratic Party and Minister for Industrialisation, a close confidant of the Prime Minister. Another notable personality is Uhuru Kenyatta, Deputy Prime Minister and Minister for Finance, son to the founding President of Kenya and presidential contender in 2012. He comes from President Kibaki’s Kikuyu ethnic group. The third politician is William Samoei Ruto, deputy party leader of the Orange Democratic Party, and a nemesis of the Prime Minister, from the Kalenjin community like Henry Kosgei. From this list, the ICC Prosecutor made calculations to have three pro-ODM and three pro-PNU personalities.

Mr Moreno Ocampo vowed to make Kenya an example of how effective the International Criminal Court can operate. This pronouncement should cautiously be understood as a case where Kenya is made a laboratory specimen for a trial and error experiments. A state celebrating a peaceful constitutional transition giving birth to a Second Republic at a time of peace and stability cannot be a specimen for international political power plays and desire for personal ends of individuals like Ocampo and his ilk. It should be borne in mind that Ocampo himself is a tainted prosecutor scandalled in his efforts to deny justice to suspects appearing before the international criminal court. If he had a clear conscience, it could be expected that he could have investigated two individuals, George W. Bush and Tony Blair. Others to be questioned would include Donald Rumsfeld and Colin Powel, Dr Condoleezza Rice, among other people to be implicated in the invasion of Iraq and Afghanistan.

The fact that Moreno Ocampo did not conduct his own investigations is an indication that he relied heavily on the disputed list compiled in an atmosphere of political intrigues and favouritism. The public mentioning of the names in public is a case of lack of professionalism that results in denial of justice to the potential suspects. It would be advisable to take the names to the pre-trial chambers for them to be approved as suspects before mentioning them in public. Alternatively, the suspects could be informed by the prosecutor in a private manner so that they prepare themselves psychologically without affecting their public reputation. What the ICC has done through its prosecutor is to subject innocent Kenyans into psychological torments, as these individuals have families, friends and relatives who would be disturbed with the mention of the names. It is clear that Ocampo is playing into western politics to bar some powerful individuals from free association. In a leaked cable published by the Wikileaks outlet, the American Government has laid strategies to empower the youths in Kenya to oust the incumbent regime. Several individuals have also been banned from visiting the United States on allegations that they are anti-reformists. It is no surprise then that the ICC is an appendage of the United States congress, up to further the interests of the United States around the world.
The invitation of President Omar Hassan El Bashir of the Sudan to Kenya during the promulgation of the new constitution of the Second Republic of Kenya was highly criticised by the western world as the height of impunity on the side of Kenya. Civil society organisations, sponsored by western nations demonstrated in the streets against the invitation, calling for the Government to arrest El Bashir. It is regrettable that the demonstrators were doing so from the viewpoint of the United States and not the regional circumstances. The invitation was in order for two reasons: Kenya is a custodian of the Sudan Comprehensive Peace Accord, an agreement signed in phases in Kenya to end the decades long civil in the northern neighbour. Kenya could not have invited other countries leaving out one of its neighbours. Secondly, there is no morality in international politics, and this the western world knows pretty well. Kenya had its own security and economic interests in inviting Bashir on this very important and historic occasion. It was a way of telling the world that Kenya is an independent state, fully sovereign, able to make decisions without unnecessary interference from outside. If Kenya committed a crime in international law, then legal procedures could be resorted to rather than diplomatic bickering. Suffice to mention that the United States has flouted myriad of international obligations, and would comply after considering political and economic consequences, not legalese. In the run-up to the 2003 invasion of Iraq, the United States went against every provision of international law by unilaterally attacking the gulf state in an effort to unseat [resident Saddam Hussein. Undiplomatic language was used to put off ardent opposition to the planned invasion. A case in point is the exchange between then US Secretary of Defence Donald Rumsfeld and the French President Jacques Chirac, when the former told off the latter that France may as well through its UN veto power to the toilet. This was amid diplomatic efforts by Secretary of State Colin Powel who was silently opposed to the war, and later admitted that there were intelligence errors leading to the war. It is the same United States that went against international human rights provisions by establishing concentration camps for terror suspects. The Guantanamo Bay case is a clear indication of this, where terror suspects are incarcerated without trial.

Conclusion

The realist approach to international politics holds that states exist to further their own interests. In his Politics among Nations, Hans Morgenthau argues that interest drive the behaviour of states in their international relations. The United States and other European powers are right to force their desires on the developing world. It is the responsibility of the developing world to find ways to counter these forces in an effort to demand relative fairness.
Moreno Ocampo is striving to justify his position and to build his own name internationally. That is why he engages in public diplomacy and politics rather than in curving out ways of countering international crime. Kenya being a regional force ought to lead by example by emphasising its sovereignty. The conduct of foreign envoys in Kenya should be under radar, and any diplomat flouting or interfering with Kenya’s sovereign status should be deported immediately.