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Our tribes, and our rights |
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Written by Sophie Mukwana
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Thursday, 23 August 2007 |
I remember having a conversation with a lawyer friend of mine, where we
were discussing whether the jury system of resolving court cases would be viable in Kenya.
The jury system ,you would know, is one in which the accused is tried by his peers who, based on the facts presented in court determine his guilt or innocence and thus his fate. He laughed in my face, at my naiveté in conjuring up such a notion. This was not because mine was an unsound proposition but , he said, because I had failed to consider how deeply entrenched tribalism is in this country.
In my defence, I will say that I am not entirely oblivious of the malignancy of tribalism, how like genetic material it leaves its mark on every generation, how like deception it requires eternal maintenance and like barnacles that cling to the underbelly of a ship, it is immovable by all the goodwill and intermarriages in the world.
So why is it then that we display such shock and amazement that the Hon. Raila Odinga, and his entourage were ceremoniously evicted from a hotel whose proprietor was unswervingly pro-Kibaki? Where was all this collective dismay when Kalonzo Musyoka was heckled at a political rally that was decidedly pro-Odinga? And how about Ms. Nazlin Omar who had to be whisked away to safety by police when she tried to campaign in Nyanza before seeking and securing the blessings of Mr. Odinga to do so. I was rather confused about that, I thought she was a bona fide member of ODM and therefore would be welcomed by all ODM supporters. What is the difference between the latter instances and the former described? Isn’t it a shame that any of it occurred at all?
It depends on who you ask. Your politicians, who are keen to capitalize on this to gain some political mileage, will proudly declare that those actions by said hotelier were disgraceful and that every Kenyan has the right to move freely within this country, live where they choose and eat what they want where they want to . This of course is not entirely true; these so-called freedoms are not available to all Kenyans, just those who can afford them. And while I will not defend any treatment that seeks to discriminate against people based on one reason or the other, I would like to consider the rights of the proprietor, after all, it’s her private establishment and it is her prerogative to refuse service to anyone. If we are going to grant freedoms, then we have to grant them even to those whose actions we deem despicable.
The fact that people in Nyeri are peace-loving is also irrelevant, a large number of humans on this planet love peace especially those who lack it. We should see it for what it is, we are not as communal as we would like to perceive, we like the people we like and those who are different from us we treat differently and with a hint of suspicion. It’s true of Kenyans and all other dwellers of this great earth.
Our problems began in Babel, when we ceased to speak a common language and soon after found fault in our diversity. I’m not the first to opine on this subject and I suspect I will not be the last, nor can I proffer any solutions other than extinction of the human race, which proposal again sounds rather intolerant.
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Last Updated ( Thursday, 23 August 2007 )
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