You shall eat from your own sweat

Matrimonial Property Bill 2013 Commandment:

You shall eat from your own sweat

Today during the Church Service a couple arose and walked to the podium. The programmer wanted the pair to greet us and invite us to their wedding. They were dressed in marching khaki suits and smiling. They were easy on inviting everybody to their wedding as well as reception to “eat rice”. We cheered and congratulated them. Then they went and sat down.

Their wedding comes against the backdrop of Matrimonial Property Bill 2013. I am not wishing them to divorce. On the contrary I would love to learn that they have a happy marriage. But the bill affects them and millions of Kenyans. This bill is not just for the married, the bachelors or the estranged. It is a family bill covering all aspects of a family as we know it. It is a bill for all cultures and religions. Even the children are entitled to the contribution either as a way of succession where they inherit their parents’ property or by the Children’s Law which spells out the legal procedure of maintenance of the children if the marriage falls apart.

The proponents of this bill have argued that it will promote hard work. That it will punish lazy gold diggers and parasites who by the way can be either husband or wives. This is because the male MPs amended the clause that read in the event of dissolution of marriage the couple will share their matrimonial property 50-50. Now the sharing will be based on one’s contribution and not just the mere fact that you are there as a passive spouse.

The bill too recognizes that there are non-monetary contributions by either spouse such as household chores, companionship, taking care of the family business, childcare and farm work. The judge will quantify the non-evidential input of the estranged spouse by estimating how much they have contributed. This will offer interpretation of the law and ensure that the hard work of that spouse does not go to waste.

The bill also protects those who were rich before the marriage by specifying that the property in question is not their hard-earned empire before the marriage but that which they have jointly owned with the spouse. This means that if either spouse inherited property from their parents the incoming party does not automatically get entitled to the property by the mere fact that the rich spouse has married him/her. This will again wean the non-contributory parties and perhaps jolt them to reality that marriage is an institution of excellence just like school where you eat your own sweat. It will be that serious.

The beauty of this bill is that it will put a rest to the drama we have witnessed on family property. Spouses kill children, wife, and husband and yours truly. Just because of the pending land dispute. This is about to end.

But there are grey areas. How for example will the doubting spouse keep track of the monetary contribution of the said properties? Will they be keeping receipts of every transaction-and mind you some transactions rely on good faith and trust.  Does this bill encourage divorce by dangling the carrot of share on basis of one’s contribution? Of course yes. It does this by breaking the chains of living unhappily ever after to living happily until the estranged spouse gets bored, feels they got a raw deal or thinks what they got is not what they had bargained for. It provides a window for the visionary to realize nothing is permanent. Life on earth is just phase one. You cannot reverse time or relive it.  As such the marriage is headed to a contract. No more vague soap opera scenes. It will be give and take not give and give and give.

And talking about giving and taking I fault the female parliamentarians for their feeble fight they waged on the floor of the house. Understandably, they are the minority in the house as well as in the parliamentary committees and cannot win a vote-based decision. The majority of male MPs, just like other Kenyan men are chauvinistic. Their patriarchal egos are easily bruised. They see women as threat. Sadly, the women MPs dwelled on how they will withhold conjugal rights from their husbands and boyfriends in solidarity and protest of the quote unquote draconian matrimonial property bill. They stooped so low to argue that they wash the dishes, clean after their partners and cook. The fallacy they wanted the public to believe is that they do not have female house helps who they underpay and overwork yet they themselves are overpaid and underworked. It cast them as hypocrites, selfish and an insult to the progressive fight of women rights. As far as I am concerned, all of them are adults and the issue of withholding or releasing conjugal rights is not even in the wide picture of matrimonial property. It is a bedroom affair whose consent and consensus is enough to vindicate anyone of any form of rape. There is nothing as date or marital rape when two consenting adult parties agree by 100 per cent majority to hit the sack.

I have been careful not to trivialize a serious issue as matrimonial property but the female MPs failed me. They let down the female electorate and feminist males who believe that the fight for gender equality is justified and no matter how much the casualties the war should proceed to a conclusive logical end.

One thing I realized is that few if any MPs research before hitting the floor to argue. Majority open their mouths and switch off their minds. Then they go ahead to deny electronic verbatim which they say it was taken out of context. Thankfully we have brilliant professionals in our August House. But professionals also mislead. Take a keg powder combination of a lawyer cum politician and in this case an MP. They will spin the story half and never argue objectively. Others will intimidate the journalists with crammed quotations of local and international laws. Unlucky are the MPs who speak their mind and antagonize themselves with popular waves. It may end up being the last paragraph of their political obituary. But I dare say better such heroes who stand with Wanjiku than hundreds of cowards who doze and forget their electoral mandate.

There have been genuine concerns from interested parties on the danger posed by the matrimonial property bill. For starters, the self declared crusaders of the bill assume that the bill discriminates against women and it automatically favors men. Wrong. The bill does not explicitly say that the estranged spouse should be a woman. The ladies I have interviewed have expressed utter apathy toward this particular piece of legislation. One posed: How do you expect a man to agree that he contributed less than me and mind you the property is registered under his name and there is no evidence on my majority contribution? Such concerns need an ear. The women must practice due diligence and ensure that the property is written under their name or under the name of all the contributing parties. They should make photocopies, scan duplicates and keep the documents in a save just in case of anything. Anything can happen. No one wants to start from the scratch after their effort is blown by the masculine wind.

As this bill awaits the presidential assent or rejection, I urge sober discussion of its contents. I think it would be better if the president assents to it since its pros are more than cons then amendments can be made with time. It is a landmark law that will promote gender equality.

The writer is a 3^rd year student of Bachelors of Arts Degree in Communication and Media at Chuka University. He blogs at musyokangui.blogspot.com

Email your thoughts to musyokangui02@gmail.com

TO SIGN OR NOT TO SIGN?

TO SIGN OR NOT TO SIGN?

No! Mr. President don’t ink the dotted line

I received news about the Media Bill 2013 with heartbreak. It did not come as a surprise to me given that the MPs have proved to be public enemy number one. Upon taking their seats in the August House, they moved in to eject journalists from the parliamentary media center.

Kicking journalists out of the media center was just a tip of the iceberg. They then went ahead and passed the draconian bill to gag the media. The media have been on the forefront exposing their displeasure with dirty tactics of the legislators. Since the media lifted the lid off the MPs’ unrealistic salary demands, things have hit the rocks.  The relationship between the media and the MPs is frozen in ice.

When Edmund Burke coined the term Fourth Estate to describe the media he knew that it had public interest role of watching over the Executive, Judiciary and Parliament. But the watchdog role is under siege. The proposed tough penalties will surely kill the vibrancy of the media. The bill proposes a penalty of KSh 1 million against errant journalists as well as 20 million for the media house found guilty of breaching the codes of conduct. Their properties are to be attached in case they default. It also gives the ICT Cabinet Secretary unfettered powers to control the Media Council of Kenya. Put simply, the MPs want the government to control the press.

My take is that journalists are no different from other professionals. The government should not meddle in the affairs of responsible professionals. You cannot fix that ain’t broken. Lawyers, engineers, doctors, teachers and nurses have their own professional bodies which check the discipline of their members. The media too have the Media Council of Kenya which has been doing pretty good job in streamlining the Kenyan media. Any wonder that Kenya is leading the continent in terms of competitiveness and vibrancy of the press?

Whoever wants to stifle the media should realize that journalists are just as human. They are prone to making mistakes. But to give the devil his due, mostly they get it right. Whenever mistakes occur the Kenyan media have offered unreserved and sincere apologies to the injured parties.

I commend the supporters of the mass media in this nail-biting dilemma as we await the outcome of the bill. Thankfully, President Uhuru Kenyatta has hinted he will not assent the bill rather he will refer it back to parliament.

Various commentators have criticized the bill as being out of touch with the letter and spirit of the new constitution especially Articles 34 and 35. It poses danger to denying the freedom of expression and right to access information for all Kenyans. It risks taking away the independence of the media as we know it.

The mass media is a very crucial institution in any democracy. It acts as the watchdog to check the powerful members of the society. It unearths mega scandals and exposes dangerous scams. Do we want the light of the society to be extinguished? Who will take up the space left by the muzzled media? Who will talk on the behalf of the forgotten and the voiceless?

The journey to full democracy has been long and tiring.  We have wound decades and decades chasing transparency, justice and information. Since 1992 we have never looked back. The price for Second Liberation has been ultimate. The ride has been bumpy, the fruits deserved and long overdue. It has been worth it.

The president has given a lease of life to the media. If he keeps his word not to assent to the controversial bill, the media should reciprocate by being more committed, more responsible, fair and balanced.  It should give all sides of the story a right of reply and resist the urge to be within the tentacles of political, commercial and individual interests.

The Kenyan media has been accused of grave embarrassments. It was alleged to have fanned the Post Election Violence especially by live coverage and allegedly taking political sides. These are not simple concerns.

To clear its name, the media ought to show that it is indeed beyond reproach. It should preach unity, peace and tolerance. It should not drive a wedge among the tribes. We have had enough of tribal tensions and hope we learnt our lessons like fools-the hard way. Let us move on with a determination of never again.

The mass media is a major employer and the investments are phenomenal. Thousands of local and foreign staff takes their bread home courtesy of their pens, pads and mics.  I cannot imagine the closure of media houses due to the prohibitive hefty fines imposed should the controversial media bill become law. Emerging county radios and vernacular mouths cannot survive fines of 20 million shillings. The community radios have been on the cutting edge of lifting citizen from poverty and ignorance. Do we want these gains to be reversed?

This bill is a litmus test for the ruling class to show that they indeed support free press.  So far the Jubilee government has shown it can listen to the stakeholders and allow consultations before taking action. However, the Jubilee MPs who form the majority in the bicameral houses should not use their numbers to pass backward laws.

When journalists are in the field their hands are full. They put their lives on the line so that you can view that chilling investigative piece, read that expose, and hear the untold stories. The least the public can do (including the MPs) is to let the journalists be. They have done their work in the past without holding back their energies. They have pursued their call with passion. They are unrivalled. I salute you Mr. President for shrugging your shoulders to the Media Bill 2013. I look forward to another State House- Media Breakfast.

The writer is a 3^rd year student of Bachelors of Arts Degree in Communication and Media at Chuka University. He blogs at musyokangui.blogspot.com

This article was contributed to UNDP to forster achievement of MDG 3

PROVIDING EQUAL OPPORTUNITIES AND UNLOCKING POTENTIAL FOR DEVELOPMENT

“Marginalization of and denial of many human rights to women is an injustice to more than half of humanity. There can be no peace and progress in such a world.”

-          Tom Odhiambo, Lecturer , University of Nairobi

For any country to achieve social, political and economic development, it must include each and every demographic section within itself. Often, marginalized constituencies find themselves on the peripheries of such progress in the affairs of their societies. Women are one such a group. They have been sidelined for far too long.

In this essay, I shall focus on promoting gender equality and women empowerment which is the Millennium Development Goal (MDG) Number Three (MDG3). I will highlight the success stories in gender issues and the challenges facing gender equality.

World over, gender is socially constructed. It is neither biological nor natural. We are taught roles and responsibilities then examined against a gender marking scheme.

Particularly in Kenya, patriarchy has crippled gender equality. When parents have limited finances, they prioritize boy child education and let the girl child to drop out of school and take care of the entire family. She will be subjected to endless household errands like washing dishes, cooking and fetching water on her tender back. All this time her brother continues to study, play and relax-shaping his destiny at the expense of that of the sister whose future is uncertain and bleak. The result is high levels of illiteracy and dependency among the girls and women on men. The latter become educated, secure better jobs and return to repress and oppress women.

 A girl who drops out of school is condemned to a dark future without any promise to look forward to. Fate conspires to have her married off early, sink deep into grinding poverty, effectively consigning her quality of life to go south. Do we want girls to have bright future? Why then do we give boys undue advantage over girls? Why do we tilt the playing ground for the boys at the expense of girls?

The society is very unforgiving to women and girls. It does not listen to them. It is a harsh and an unfair judge. It curses them like a sailor and condemns them like a demon. How else would you explain the name-calling and utter disrespect of female political aspirants? Not that they did not have education or their male rivals had better manifestos. Is it such a bulky baggage being a woman? Simply because she is a woman she will not sit with men in the high table to discuss and decide on matters politics. She cannot flex the financial muscle and pull a gubernatorial or a senatorial first. We have set her standards so low. We should not reserve and restrict ladies to the seats of mere MPs or Women Reps.

The straw that broke the camel’s back is the failure of women to use their own numbers to effect the changes they desire. They abandon one of their own. Mrs. Charity Ngilu tested the murky waters of presidential race for them in 1997. They gave her a wide berth like she had leprosy. In 2013, Ms Martha Karua ran an issue-based campaign. She portrayed herself as a no-nonsense iron lady, tough and serious. She was an embodiment of rule of law and a sure remedy for slaying the dragon of corruption and impunity. What happened? Did we just forget her too soon? Despite the sobriety and solemn silence of the ballot booth we were apathetic and gave her a cold shoulder.

Women have been ignored. They work as twice as hard as men in order to be recognized. This should not be so. They are sidelined at the resource allocation and distribution stages. Explain to me like a two year old since I wonder why she should not be entitled to inherit her family estate as her brother would. Tell me why when her husband dies she should be “ritual cleansed” by a brother -in -law. Then the shameless in-laws move in swiftly to scavenge whatever is left. These vultures peck the wife and the children completely ignoring the will of the deceased husband. I suppose he turns in his grave upon ‘seeing’ his wife’s property being grabbed and his children being turned to beggars by his very own relatives.

The best way to ensure gender equality and empowerment is to implement our new constitution faithfully to the letter and spirit. This most progressive constitution should make a positive difference after its promulgation. Gender equality articles 10(2) b, 27 (b), 56, 81(b), 100 (a), 97 and 98 should be implemented fully. Let us not just have an empty rhetoric of two-thirds gender principle. Rather, we should staff public offices-whether elective or appointive- with not more than two-thirds majority of either gender. We cannot afford to leave behind more than half of the population and purport to achieve any political, social or economic development.

Article 81(b)

“The electoral system shall comply with the following principles- not more than two thirds of the members of elective public bodies shall be of the same gender.” – Constitution of Kenya

If Liberia gave us Mrs. Ellen Johnson Sirleaf and Malawi offered Ms. Joyce Banda, then Kenya can do better. If South Africa put forward Nkosazana Dlamini-Zuma as the African Union Commission Chairperson surely we can pull a female first too.  I   am persuaded that there are many Martha Karuas, much more Wangari Maathais and even more highly potential and ready to serve Mekatilili wa Menzas looking for a chance to show their mettle. Unlocking the potential of girls and women will propel Kenya where it dreams to be: first world.

The Kenyan girl has endured too much of rape, female genital mutilation, early and forced marriage, abject poverty and not forgetting illiteracy. She needs to be wiped tears off her beautiful face. Who will make her smile?

Each of us has a noble responsibility to put a beaming smile on the face of the African lady. Appreciate her. Care for her. Treat her with respect and restore her dignity. Love her. That is not too much to ask.

I dare say girls and women do not need anyone’s favour. They are up to the task. All they need is equal chances as men. In this regard I salute the government for availing Women Enterprise Fund. I just hope that the Uwezo Fund rolled out to empower the women, youths and the disabled will truly give them uwezo (ability). I desire to see female entrepreneurial youth supplying the government with lucrative contracts and creating jobs for themselves and others. The 30 per cent allocation of procurement services to this constituency is a major plus to emancipation of the neglected and vulnerable.

When we have put in place the best policies we can conceive, let’s turn to the cradle of gender inequality which is the mind. When one is diagnosed with cancer the malignant cells are isolated and powerfully radiated. Our brains have gender cancer. Yes! You read it right. We have a deadly tumour of rigid mindsets and attitudes which need to be shifted. Civic education will demystify that gender issues are not exclusively women issues but our issues-all of us as a society; men and women, boys and girls. Proper debunking of gender myths and stereotypes will make us get rid of retrogressive cultural practices which have held back our girls and women from being part of our nation’s development. Men are not superior to women. They are equal. Feminist movements have set the tone that no one will give women their rights on silver platter. Instead, they should fight for them. I can’t help but join the fight for gender equality and empowerment of women. Will you? I hope so!

“Over time, I have become aware that as a woman, no one will improve you, head hunt you or ask you to join in. You have to take all the initiatives and demonstrate your value. There is no silver platter for women. Be stubborn, know what you want and do not give up.”

-Asa Torkelsson, Senior Gender Specialist at the World Bank- Kenya.

The writer studies Bachelor of Arts degree in Communication and Media at Chuka University. He blogs at musyokangui.blogspot.com

The vanity of being young

The vanity of being young

Refusing to age is an art that has being perfected by many middle aged people who hate it that they are unable to stop the time and count backwards. They live in history .Not studying history so that they may avoid the mistakes of the experiences they laugh silly at themselves when they recollect as they continue denying that the skin is folding and the eyes need glasses.

Cosmetics advertisers lie to customers, especially the ladies so that they buy cream that irons out creases, rejuvenates the skin texture and does an overhaul of their looks. They promise a makeover home edition. Unsuspecting end users buy heavy metal-laden skin tightening creams to look younger and more beautiful. Question is, have you ever asked yourself what you will be remembered for after your beauty fades? Just like love, beauty fades. It has a Simon Makonde lifespan. Swahili saying that ujana ni moshi na ukienda haurudi could not have been so apt. it is such a sobering reality that anyone withering and drying find hard to accept.

No wonder people have resorted to living for the moment. I am by no means endorsing flat lifestyle. If you have looks, don them. After all, that could be the only moment and chance you will ever get to glorify your God. Being young is synonymous with energy, vibrancy and liberty. That is the time you will walk kilometers and still wake up next day fresh and ready to walk again. It is the time you do not have dependants demanding attention like a computer game.

Living in the past has the danger of failing to enjoy the present and look forward to the future. I wonder what those who struggle to look younger yet the bodies are refusing are up to. What do they want to achieve? They fail to notice that they have literally and figuratively eaten a lot of salt. That they are more experienced in this world and have accomplished more than the kids barely out of their diapers.

I was joking to my grandma that she has (we were drinking morning tea) drunk millions of litres of milk, water and breathed atmospheres of air. I posed: Don’t you get enough of it? She said no and ordered me to serve her another cup.

Such is life. Vanity.  Nowhere is vanity more evident than during the peak of life. The working class, the labour force, the top cream and the independent. They bury themselves under layers of make- up. They spend hours in barber shops and salons sprucing up and tightening this and that. They spend billions of shillings doing plastic surgery and achieving secondary virginity to tighten their pulleys which look better when tense than lax.

What if you die tomorrow! Or you just drop dead now and dry stiff like a log?  What if something happened?  What will be your legacy? Would you like to be remembered as the fellow that caught cancer by design rather than by risk-exposed default? That guy which died due to pursuing the excitement of performance-enhancing pills. That girl which popped cyanide and mercury pills to be like a white. That child which shocked its parents by insisting to have a baby face and going all the way to buy herbal concoctions that left black scars on her knuckles and palms. Whose face was dotted with red marks. She spent her twilight days on a big godfather hat shedding herself from sunlight. The parents were too shocked to live. They succumbed to devastating heart attacks.

Of course this is a tragedy. But I have an option. How about getting a more insurable cause and case to live for? How about shifting the paradigm from beauty to brains? People will cherish to have lived with the best brains. The intellect that discovered the medicine that they are using to live longer. The genius that made their life easier. People still remember Albert Einstein, Isaac Newton and William Shakespeare. I am yet to meet a scholar who told me he fell in love with Romeo and Juliet because Shakespeare was a handsome guy. I have not met a quantum physicist who said Einstein was the man who swept her over her feet due to his photo. Neither have I met a space astronaut who confessed oh! the gravity with which Newton attracted women was stronger than a magnet.

Students remember these great brains because of their works and not because of their youthful figure. For your information Einstein was full of hairy afro and bushy mustache.

Critics will say Musyoka is being jealous. That he is ugly. He thinks everyone must be a scholar, a scientist or a writer. He should get a life. All those scathing criticisms are welcome. But before you cast the first stone think about the worthiness of the effort you are laboring for. Why are you panting chasing the wind? I am a conservationist but not a conservative. Google the difference.

I am one keen observer of the surrounding so much that I cannot let an improvement of nature go unappreciated. I laud smart clad. I admire wit. Substance. Conscience. For the record, I don’t wear specs. I can see. I see.  In fact I see in multi-perspectives. I see mountains, valleys, hills and beaches. I see good hairstyle; I see nice adult toys such as phones, tablets and laptops. Most importantly, I pat the wearer. I congratulate the owner. My endorsement has been sought like cure of leukemia. Like an influential politician telling voters to elect so and so because they have confidence in them, I am sought for advice and correction.

This puts me on a needle-tip-resting delicate balance.  I am torn between telling the truth and keeping a friend. I am asked subjective questions whose answers are already predetermined. I wonder why one would ask the obvious. It is like investigating facts.

“I look good. Don’t I?” I am made to say yes but deep down I know you look like something the cat dragged in. The very same seeker of approval seals goes ahead and pins their nude photos to show how much cleavage they got, how big a behind they have been blessed with, how thick a bicep, how cubic an abdomen, how round a skwembe etc. truth is the facebook likes and comments are insincere. The best adverts go unsaid. They do not scream. They go by oral testimony. They are like a good lawyer. He will be noticed even from a crowd. Why the rush and hurry to uncover and undress when the intended audience can see through the dressing? Chema chajiuza kibaya chajitembeza.

At least even if you are young at heart (read old), do me and my dear readers a favour and grow up. You are growing old and not growing up. That former glory is no longer easy to bask on. There is a reason why the world is a stage. When you are on the stage you entertain. It becomes your time to crack ribs. Entertain. Make them laugh tears of joy. But keep a mental note that every stage has an entrance and an exit. The more you linger the more likely you are to bore the fans. The fans will start throwing bottles and inner wear and shouting toa! The booing will cage your confidence. Retire at the zenith of your career. Don’t allow the embarrassment of the upcoming because they will oust you. The best you can do is to accept and move on. Mentor and mould them not only to be like you but better than you. That is what teachers and coaches are for.  If you are bold enough, start meditating about the afterlife. Get closer to your maker and preempt your death. Thank Him for the life and times. The ultimate judge who you will be accountable to after all that beauty has faded and youth drooped. Enjoy your moment while it last. Savour it.

The writer studies Bachelor of Arts degree in Communication and Media at Chuka University. He blogs at musyokangui.blogspot.com

PS: Today we celebrate the 1000th page view in my blog. Thanks all for your continued visit, comments and criticism.