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FIDA: Elitist Or Not? PDF Print E-mail
Written by Rebecca Wanjiku   
Wednesday, 02 May 2007

When Keriako Tobiko, arguing before the high court, labeled FIDA as “busy bodies”, the statement attracted angry reactions from the feminist movement in Kenya.

Tobiko was then in private practice ,representing former cabinet minister Julius Sunkuli in a rape case. Many saw his remarks as utterly disrespectful of FIDA . Tobiko was arguing his client’s case , which was finally withdrawn, and a whole soap opera followed. I am sure you all know the story of how the girl in question appeared on TV after withdrawing the complaint.

In retrospect, Tobiko’s remarks may have had some truth. In the recent past, the role of FIDA has become increasingly questionable. Though Tobiko is now Director of Public Prosecutions (DPP) and may have toned down his feelings about FIDA, others may not have.

lady_justice.jpg It has become the perception now that FIDA is only heard representing clients when one of the culprits is an MP or a “fat cat” to be brought down a notch. Does it mean these powerful men's victims are the only people suffering? Of course FIDA will say that the media is biased towards big headlines and does not report on smaller cases, but how manyof these are there really? There may be many stories of people who have written to FIDA and not gotten responses.

To further assess the situation, I had a chat with Jo,my friend from before who gave the little girl a ride. I sought to know why she did not refer the mother to FIDA. “FIDA is not for desperate people, its all about big people and big publicity. For me I saw it as a social issue and not a political one like FIDA likes them,” said Jo.

As a female lawyer, Jo apologized profusely that she did not see FIDA as a representative of the poor. For her, FIDA is all about show business, power and the quest for donor money. In short, the bigger the culprit, the bigger the story. FIDA will argue that the introduction of retainer fees may be important to sustain the organization, but the organization has moved its offices to Lavington, a posh area. Whether these new offices are accessible or not, may not be obvious, but it does not seem much like the action of an organisation that is pinching pennies to serve the poor. Having offices in Lavington is not the best gesture, how many people can access the offices? How far do they walk or are expected to drive?

This may seem like harsh judgment on FIDA, but when I called their offices for a response , they promised to call back with an explanation. I am still waiting.

Back to the question- are FIDA mere busy bodies? Does it exist merely to chase after bigwigs and loud headlines or is it for the Kenyans with brown teeth and bad breath? I have found no reason to be persuaded that it actually cares for the poor and the weak. I have met quite a number of people stranded at the law courts wondering where their FIDA lawyers are, only to be told that the lawyers came, adjourned the cases and left.

With the rising cases of rape, violence against women among other crimes in Kenya, one would have expected FIDA to have their strong presence in Naivasha, Kiambu, Nyeri, and Kisumu among many other areas that such crimes are prevalent. If you do not hear of FIDA in such areas, what do you expect of those silent sufferers who can only write a letter and hope it is followed up?


Rebecca Wanjiku
About the author:
Rebecca Wanjiku is a Kenyan journalist and entrpreneur. She writes on technology and media issues and publishes the BeckyIT blog.




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Excellent reasoned criticism
written by aeichener , May 03, 2007
I am very impressed by this powerful and well-written opinion piece. Smooth, expressive, critical, reasoned: pretty masterly, if you ask me (okay, Rebecca, I know that you won't be likely to ask me, but I'll say it nevertheless ;-) ). I feel that it is exactly articles like this that writers here had in mind when they asked for a a critical default attitude. Look at the Emperor's tanga slip and tell me how much it covers.

Alexander
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Conflating Strategies, Tactics
written by Advocatus Diaboli , May 04, 2007
FIDA is a single-issue outfit existing to promote women's rights in the abstract. It does this by the tactic of highlighting cases in order to make their strategic concern mainstream.

It is not intended to engender justice in particular cases, to champion the poor or identify with the oppressed.

Besides, their services cost nothing to the receipients.
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Dialogue?
written by Alexander , May 04, 2007
We have notified Jane Onyango (Executive Director of FIDA) about this thread and have asked her to comment or reply if she likes. Knowing the general attitude of Kenyans towards email, we do not hold our breath though.

Readers interested in a balanced impression could and should visit the FIDA website www.fidakenya.org, and if they want to dig deeper, could even read FIDA's Annual Report for 2005.

We there suggest a look at the print pages 62-64 (pdf screen pages 55-57) which give the statistics for FIDA's Nairobi and Kisumu legal aid clinics and which account for the cases attended and counselled there; those filed in court are also listed.
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FIDA
written by wambani , May 05, 2007
fida helps women in need. the author shows her ignorance of the organizations operation and did not bother even to visit the office location. fida is right by the road and very accessible. the author is also very vague with the details of the stranded clients do they really exist. we all know that a case against a well known personality will always attract media attention . if the author has any legal training she should know even if FIDA took such cases they are bound by client lawyer confidentiality and it would be contrary to professional ethics to divulge the details of the case.
i would encourage the author to do proper research next time rather then relying on hearsay. the effort should be more than a phone call.
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Foot in mouth?
written by aeichener , May 05, 2007
If there is one who shows utter ignorance - only matched by the pompous self-inflated arrogance so typical of Kenyans {in contrast to Ugandans and Tanzanians} who rightly or wrongly believe they have acquired any kind of "position" -, it is Wambani. Rebecca is a journalist and has no formalized legal training, but Wambani obviously has even less legal savvy. Let alone even the hue of a shade of knowledge on what constitutes "professional ethics" of advocates.

Alexander
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Clarification
written by editor , May 05, 2007
We believe that it be appropriate that we insert a brief editorial comment here; not in order to stifle debate, but rather to encourage it, by clarifying a few issues and positions, which explanation may be beneficial for all our readers and reader-contributors.

First, KenyaImagine sees itself as a critical online paper. "Critical" means not to say "nay" to anything out of principle, nor to seek a cockroach in every pie (though one might be astonished to find out what has gone into a pie, once one has foolishly ventured into the kitchen, such as to examine...).
Critical means simply not to take things for granted. To know how the stream flows (and to acknowledge this), but not necessarily to swim with it. To seek for the truth ("rerum cognoscere causas"smilies/wink.gif, and not for the common opinion, less even for the safe common cliché.
One example: journalist after journalist mindlessly repeats the hackneyed cliché about "Kenyans being a conservative people" which serves as a convenient lukewarm excuse (if not justification) for everything backward, misogyne, bigotted and what else do we know. But is that statement true in the first place? Rather not, as any Kenya-related historian and anthropologist will quickly be able to assert and demonstrate.

Secondly, being critical means not that one will criticize everything that emanates from the government (e.g.). Rather, it means that exactly a critical and independent spirit will soberly acknowledge good as well as evil, success as well as failure. It is such critical spirit that we often miss in the Standard, for instance, and that is more at home in the less-esteemed, but more open-minded Kenya Times.

Third, critical means that our contributors (both non-professional and professional journalists; and we are rather proud and elated to count both among our authors) are - and must be ! - themselves constantly subjected to critique and criticism. For as a social and professional group, journalists all over the world, the sometimes so-proclaimed (or self-proclaiming) "Fourth Estate", are wont to criticize everything under the sun mercilessly, but to flinch and squeak when such criticism would be applied to themselves. Yet how they react in face of it, is a proofstone of their quality.
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Projection of low Esteem
written by Advocatus Diaboli , May 06, 2007
Essentially Wambani is right. Match her argument instead of focusing on pomposity and arrogance as if being self-effacing and humble sanctifies your position.

FIDA offices are right next to the route 46 Bus Stop which is minutes away from Kawangware and Gatina close to Riruta and accessible from Kangemi. What is more accessible?

They have put the fear of God into many a male chauvinist. They are highly professional and have an impressive docket of successful cases, both civil and criminal. They know the limits of professional courtesy and need not cast pearls before swine or chezea mbuzi guitar

However, even this is not enough for the feeling of entitlement some people have and the learned helplessness of "kwa hivyo tunaomba serikali" (or anyone else in 'power') to do for them what they are unable to do themselves.

Once that is done they complain about its mode, manner, frequency, quality and the pinstripes on the suit.
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...
written by Sadik , May 06, 2007
I think the criticisms levied against FIDA are incorrect and unjust. FIDA, and Kituo cha Sheria are the only NGOs offering legal services to wide clientele across our Republic. And, to my mind they have good records in offering those services. Did you know that the rates of rape and sexual offences convictions rocketed sky high after FIDA started their legal representation for the victims? Before FIDA most rapes were not reported as victims had no legal counsel unless rich.

If anyone has any examples of a particular instance when their services went below the mark then let them share it with us. The author above Ms Wanjiku gives views of her friend's Jo on non-specific amorphous issues and goes ahead to label FIDA elitist based on her friends subjective view, or what Tobiko said or where the offices are situated. I find that wanting.

We all know that many such bodies offering services to the common man/woman have finite resources and cannot accommodate everyone. To assume FIDA will offer legal representation in all cases they encounter is simply naive. Secondly, there is a lot of good work done by FIDA mainly by dedicated and professional staff. Such unnecessary criticism for the sake of it, I fear, may hinder the good delivery of their services. But, that does not mean we should not criticize if there is anomaly. Let us be objective enough in our criticism. One,for example, would have thought that Ms Wanjiku would have spoken to FIDA and get their response and incorporate the same in her piece, above to make it balanced.
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The real situation on the grou
written by wambani , May 06, 2007
my basic argument is the author should find out what the real situation on the ground. Nothing against journalists, but they always look for sensation forgetting the poor women FIDA helps everyday.These women are not news worthy. Does the media care about the maid assaulted by her husband. Not knowing the actual location of the offices showed the lack of research . The author should present the real picture of what is on the ground .
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Get real yourselves
written by Alexander , May 06, 2007
Sadik, be not such a sycophant! You can well criticize Rebecca and defend what you see as FIDA's diligent work, without necessary licking their boots and behind. When will Kenyans learn this and become mature?

As to journalistic diligence in general, it is very correct that proper research often is lacking. However, Rebecca's article is more of an opinion piece that renders an image which she sees as widespread, it's not an in-depth commission of inquiry report. This is what Wambani conveniently overlooks.

In the given case however, it appears that FIDA might rather be blamed than the journalist. According to Becky's version, they - in the typically Kenyan arrogance of office - would have refused to answer questions and would not even call back. If that is true, then it would serve them right to have their asses kicked then. Let's see whether Jane Onyango uses the chance to offer a comment or rebuttal.

Alexander
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back to your records
written by bex , May 07, 2007
if Wambani bothers to go back to the records, will notice that there are stories done by Rebecca Wanjiku on FIDA. from the days Jean was exec, Jane Kiragu, Martha Koome was chair..... from the days FIDA offices were along Mucai drive....

so i dont understand when you talk of ignorance. ignorance about what???? it seems Wambani did not understand the issue discussed.

no one wants to know the details of the cases, those are covered under the client-lawyer relationship.

by the way Wambani, i have been a court reporter for close to 10 years, so i have seen it all, heard from all the litigants and lawyers.

and that attitude of lawyers thinking they are more educated than anyone??? yeah... i have heard it too.

Wambani, am sure you waiting for me to write something so that it can be said to be defamatory, subjudice or slander.

please get the gist, nothing personal....

http://beckyit.blogspot.com
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written by aeichener , May 10, 2007
The article has done a good service in bringing to light a number of rotten attitudes; attitudes that are co-responsible (with many other factors) for the bad state of things in Kenya.

Not even so much with FIDA, because it still remains in question whether Rebecca's assessment was correct, and FIDA is still expected to answer the enquiry - maybe they will refute the criticism convincingly -, but rather on part of such readers as Wambani and Sadik. And take note that these are commentators which many wananchi would take to be modern and "educated" - no wonder that things do not change to the better.

Alexander
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what a bunch of fools!
written by Mwangi wa Kimani , May 10, 2007
I note FIDA have rased above your childish name calling. They need not be reminded of anything.

if you want to remind anyone of anything, please remind Kibaki of Anglo-fleecing thievery.

Kumbaff Kikuyus.
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constructive debate
written by Kiddi , May 10, 2007
Mwangi wa Kimani, you must be new here. No insults, please make an argument, that's our only expectation. Interested in Anglo-Fleecing? There are articles within kenyaImagine that address that.

thanks
for kenyaImagine board of editors.
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Kicking Asses & Licking Boot(y
written by Advocatus Diaboli , May 11, 2007
Maturity is taking responsibility for your words and actions.

A polemic posing as journalism based on attitude rather than perspective and revealed as such cannot be defended as an opinion.

Willful ignorance is not opinion. Those whom you target for ill-considered criticism are not responsible for filling the gaps in your knowledge. You want attention you take it for good or ill.

Kenyans work hard, provide service and sacrifice as well. These are all Kenyan attributes and should be recognised as such.
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FIDA silence
written by editor , May 11, 2007
It is a week now that we have contacted FIDA's executive director Jane Onyango (the website does not designate a specific public relations officer with email) with a request for clarification. We have also followed up two times with additional mails.

We have not yet received any reply. We are not really surprised about such obdurate (or obstinate) silence, but we will keep reminding them, via mail and via phone, until we (that is: you) receive a due answer.

Kenyaimagine
Board of Editors
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It\'s FIDA\'s turn now
written by editor , May 11, 2007
As editors, we would once again like to point to the organization's website:
http://www.fidakenya.org

Although not completely updated, and marred by a few dead links, this site houses a lot of valuable information that give might answers to a number of the queries and doubts that Rebecca raised. There is also a (somewhat dated) report on the criteria that FIDA uses to determine what is a public interest case. However, it is not our job to do FIDA's public relations.

Readers may well feel entitled to remind FIDA themselves, and to ask for a response. Here are the three general email addresses:

info@fidakenya.org
fida@swiftkisumu.com (Legal aid clinic)
info@msa.fida.co.ke (Legal aid clinic)

Jane Onyango's own email address is:
jonyango@fida.co.ke

NGOs are answerable to the people they purport to serve, as well as to the press. Kenyans must learn this, and demand the answers they have a right to.
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Criticism and reason
written by aeichener , May 15, 2007
I came across an excellent paragraph in a European newspaper today. I'll translate it into English, because it so perceptively addresses the situation, and why Rebecca's article and included query, one-sided as it may appear, was and is perfectly licit and even helpful, as FIDA might slowly come to realize:

"... yet one learns nothing about the image which others have gained and gathered about this judge. However, exactly this is what is more important in the present conflict than merely the self-assessments and self-views of the parties involved."

(FAZ of Monday 14.05.2007, p. 37, right column)

For non-helpful stupid criticism in contrast to Rebecca's helpful input, one need not go far. A look into the Hansard will suffice, where a GoK functionary covered himself with shame by shooting off his mouth ignorantly. That women-hater was the Assistant Minister, Office of the Vice-President and Ministry of Home Affairs, Mr. Samuel Moroto, on 5th April 2007, Hansard page 436, when it came to the motion that the House adopt the Report of the Departmental Committee on Administration of Justice and Legal Affairs on the International Federation of Women Lawyers (FIDA) nominee to the Kenya Anti-Corruption Advisory Board (previously laid on the Table on Wednesday 28th March, 2007):

"I know there are certain hon. Members of this House who are members of FIDA. FIDA is breaking peoples' homes. The membership of FIDA is composed of divorcees. In some instances, minor marital cases which can be handled by village elders are rushed to FIDA offices. Such cases are twisted until husbands and wives break up. What impact will FIDA have on the Kenya Anti-Corruption Advisory Board (KACAB)? If we nominate such people, they will do more harm than good."

Well, I do not know whether this eventual nominee of FIDA will be the icing on the KACC advisory board's cake, as I would hope (their first nominee was rejected by the parliamentary commitee). But I know that resentful macho ignorants in government positions such as Moroto definitely do more harm than good to Wanjiku.

Alexander
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Update on FIDA Reaction
written by editor , May 15, 2007
FIDA have emailed us today that they would send a response to Rebecca Wanjiku's article. As soon as we receive it, we shall endeavour to publish it here in the discussion thread.

In the meantime, we might point out that a second article on FIDA has been published here, originally under the title: "FIDA II: Mheshimiwa, are you beating your wife?"
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...
written by aeichener , May 15, 2007
Allow me to quote another voiced opinion, this time from a book review in Pambazuka by the Ugandan scholar Sylvia Tamale:

"Anne Amadi takes judicial activism a step further by suggesting that domesticating the Protocol {sc. on Women's Rights in Africa} should be viewed as a conflict (between the patriarchal state and subordinated women) that requires the employment of alternative dispute resolution negotiation techniques. Persuasive as this argument may be, the danger with such an approach lies in its underlying philosophy that suggests that women’s rights are negotiable."

Alexander
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...
written by Alexander , June 06, 2007
FIDA Kenya have still not answered us nor Rebecca. We will keep asking.

Alexander
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