Katiba ni Sasa;ama ni Sasa Hivi

Elements of the proposed constitution that are a YES!

The State shall take legislative and other measures, including affirmative action programmes and policies designed to redress any disadvantage suffered by individuals or groups because of past discrimination and shall implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender-The Bill of Rights (article 27)

The life of a person begins at conception. Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger, or if permitted by any other written law-The Bill of Rights (article 26)

Every child has the right to parental care and protection, which includes equal responsibility of the mother and father to provide for the child, whether they are married to each other or not A child’s best interests are of paramount importance in every matter concerning the child(article 53)

The electorate under Articles 97 and 98 has the right to recall a non-performing member of Parliament representing their constituency before the end of the term (2 years) of the relevant House of Parliament- The Legislature, The right to recall (article 104)

The formation of a devolved Government to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them.To promote social and economic development and the provision of proximate, easily accessible services throughout Kenya -Objects of devolution(article 174)

No law may exclude or authorise the exclusion of a State officer from payment of tax by reason of the office held by that State officer or  the nature of the work of the State officer-Imposition of tax (article 210)

State of Affairs

Then I look through and see Akunta running towards me briskly. Clearly, she did not find anything today. I am holding her as she tells me a second time story of how she is sure the lion spared her for an antelope.“You know it’s in my place to fend for the family”, I tell her, terrified at how close I get again to lose my love.

“Did you find anything from the supplies, Batanta?”She is praying I say yes.

“Maize government brought today was more than yesterday’s. I also helped Mekanta get a few vegetable leaves from the government driver so we will eat tonight”. I know her smile means she knows that it was solely Mekanta’s stunt .She uses the cloth around her waist to wipe sweat from her face as she goes in.

Forget our smiles; the state of affairs here is beyond words. The famine has hit us as hard as it does every year but children have to eat.We look for wild food when government supply is late and at other times not enough. The pride of lions has satisfied its hunger with some of us. But God! She will not listen. Her and her friends Manta and Samali are always running for wild food when government food is late for five minutes.

The joy of a father when his children sleep stomach full is divine. Oh yes children! But the radio people will not understand. How do they explain that it is wrong to have many children?Kalima, Mobanda, Pateto, Bakunta, Baselimo, Kweto, Masanda, Badenda, Mokunta, Kenta and Kipenta.I know each one of them by name. The radio people cannot understand; they never have children.

The famine will be over next moon to give way to rains from hell. The area chief and councillor will drive the Member of Parliament to see the floods then government will send word to vacate our homes until after the floods.Who will say no when crocodiles from the Delta visit us right to our door steps?

“Akunta!”

“My husband”. She replies as she comes forward to kneel before me.

“Listen to me”. I take a deep breath and then tell her. “How would you like to go to school?”

She looks at me. Is she annoyed or confused? She loses her consciousness to the ground.

We have the chance to bring forth life…

Once upon a time Belgian colonists introduced the water hyacinth to Lake Victoria, either for its beautiful purple flowers or to act as food for fish. The plant looked beautiful upon the lake until it began to spread uncontrollably hindering sufficient water flow, blocking sunlight from reaching the native aquatic plants, and starving the water of oxygen.

She may be young and pregnant, and we may never be able to imagine how terrified she must be feeling. But she has the opportunity to give a baby life. Many a time I have heard how people are desperate to adopt children as they cannot have of their own. She and her baby will have a whole life ahead of them if the baby is allowed to live. Her mother made a choice for her to live maybe now is her time to do so.

Fear of dishonor and discrimination from society are the largest contributors to seeking an abortion. If we destroyed stigma and discrimination, maybe then the percentage of abortion procurement would be zero. It is also disastrous that rape remains a crime to be dealt with in the 21st Century and is a reason for abortion in Kenya. As St.Paul puts it,"Some topics (like rape) should not even be a subject of discussion among us" (for it should not be happening anywhere).

"Unless we recognise that each individual is irrepeatable and valuable by virtue of simply being conceived human, we cannot begin to talk about human rights. This includes the right to be born, as all of us have enjoyed".Margaret Ogola, Author,River and the Source.

There are two ways to live your life, one is as though nothing is a miracle, and the other is as though everything is a miracle- Albert Einstein (1879-1955).
Also in thy skirts is found the blood of the souls of the poor innocents: I have not found it by secret search, but upon all these: Jer 2:34

Traditions and Law

Get a glimpse of how the Luo community dealt with these crimes.

Arson: When two people fought and one of them burnt the house of the other, a big house with a veranda, big storage pots, foodstuff and other household goods, the elders asked the man to pay a heifer to the owner of the burnt house. If the house was small, he paid three or four goats. However, if the house burning was accident, there was no case. Whether accident or not, if the house was burnt together with domestic animals he was required to pay a heifer and a bull.

Rape: When one raped or attempted to rape a married woman or girl from a neighboring clan or village, libamba, the issue would cause an immediate fight with sticks. The peace maker, Ogayi had the duty to intervene and stop the war. The elders then ordered the offender to give sheep to the woman to cleanse herself. The sheep was slaughtered and the skin ‘thrown’ ibolo by the woman and her husband to ‘bind’ them together because the woman ‘might have conceived’. The offender also gave another sheep to cleanse the village for his disrespectful act.

Promiscuity: When a husband found a man with his wife in bed, he could kill the man there. If he feared the possibility of being haunted by the dead and did not kill the man, he took the case before the elders who asked the offender to give a sheep to the husband. The wife and the husband used the sheep to cleanse themselves. When a man had intercourse with a girl, he was asked to marry her by the elders. If the girl ended up not getting married, (as she was no longer a virgin), the elders asked the man to pay 3 goats.

Elders had sound rules and the regulations to govern the society and the machinery to enforce them. They had power to discipline all, the young men, girls and even children.

Luo customs and practices (1999)-Malo Shadrack.

Luo kitgi gi timbegi (Customs beliefs and practices of the Luo)(2006)-Paul Mboya- A translation into English by Jane Achieng'.