FRANCESCHI: Slapping the Constitution

I couldn’t resist the temptation to get involved. Like Oscar Wilde “I can resist anything, except a temptation!” Teresa, the law school manager, quickly encouraged me.

Perhaps Teresa identified herself with Rachel Shebesh, not because of the slap; this would never happen to her at the Law School; it may be because at some point Shebesh and Teresa attended the same school, though many years apart.

Last week, the gubernatorial hand swung fast and a slap on the face made it to the headlines and Shebesh literally became the bull’s eye.

While this ugly exchange was taking place most of us were “enjoying” the Nairobi traffic, or walking on non-existent pedestrian paths or crossing roads on what used to be zebra crossings, now turned into crocodile-crossings, where one feels like a migrating wildebeest on the verge of being hit by a car or their smaller, sister-predators: The Chinese boda-bodas.

SOBER ANALYSIS

The temptation of every lawyer in town is to get involved in this matter, whether in court for the sake of money, or in the Assembly for the sake of political advantage, or in the street of the sake of gossiping. Let’s try something different for the sake of the city: A sober analysis of what’s going on.

What is really at stake here? Civic education and leadership. We are seeing many ugly things. A Senator calls a radio presenter a prostitute; a former MP beats up people as the police watch; chopped head and hands dumped at the Police Commission’s headquarters. And the icing on the cake is placed by a proposed police bill which allows the use of fire arms to protect property, or stop a convict from escaping or even shoot someone who attempts to help a convict escape. This is a serious matter. The Bill has already peacefully sailed through its first reading in Parliament. We may be legalising extra-judicial killings.

It would be superficial and childish to dismiss all leaders. When it comes to leaders, there are very good ones, average ones and bad ones. But when it comes to democracy, leaders mirror their electors.

If our county leaders are unable to live self-control, it means we, the people, are unable to live self-control. If our leaders are violent, so are we; unlawful? So are we; arrogant? So are we. This is the democratic bargain, the rule of the majority. The fact that 100 fools make a majority decision does not mean their decision is wise. It may actually be a big foolishness. This is why democracy without education is self-destructive.

GOOD MANNERS

Civility is fast becoming a thing of the past. Good manners are perceived as a weakness. Just try walking like an ordinary citizen on Ronald Ngala Street. If Ngala were alive today he would request the County authorities to rename that street to something like Robber Mbaya!

What we saw on camera last week is just the tip of the iceberg. Evans Kidero’s slap is one more of those many thousands of unregistered slaps that take place in the silent abuse of women by men.

The Kidero I know is a gentleman, a manager. He must have been driven well beyond his limits. Shebesh is able to do this at ease. She has been publicly slapped at least twice before. There is something clearly wrong with Kidero’s lack of restrain and Shebesh’s attitude.

Regrettably, slapping a woman is totally out of place, no matter the circumstances. Whatever the case may be, a sincere apology from Kidero is essential. In slapping Shebesh, he slapped the Constitution and what it stands for.

On the other hand, Shebesh's rich, exuberant and vivacious vocabulary precedes her reputation. This nonsense must stop here. We must raise the level of civility, understanding and work together for a better city.

Impeaching the Governor would be unwise for two reasons: First, the Constitution is very clear on equality and discrimination.

Part of the terrain gained by the struggle of many valiant women is that men and women are equal before the law.

This was embedded in Article 27 of the Constitution: “Every person is equal before the law … Women and men have the right to equal treatment, including the right to equal opportunities in political, economic, cultural and social spheres.”

HUMBLY APOLOGISE

Shebesh is on police record for slapping a watchman. She needs to think twice, for an impeachment attempt will sooner than later fall back on her.

The second reason is more practical than legal: If Kidero is impeached now Nairobi will become Gotham City without batman.

Kidero seems to be trying to do a good job. Now we can count the seconds left for the red light to turn green in every roundabout. It makes no difference; after all cars don’t move no matter if the light is green, yellow, red or purple. But alas, at least we now know that if the city was better organised we would have moved. This gives us some hope.

Kidero needs to humbly apologise for a real man never hits a woman. Shebesh needs to examine her attitude. When you are constantly being slapped by men and women there is a problem.

African women have traditionally shown an incredible resilience, hard work, common sense and a heart to pardon and move on. Shebesh will show amazing magnanimity and humility by forgiving and moving on.

Unless they talk, the press will continue making mincemeat of both Kidero and Shebesh. And while all these theatrics are going on… cars have just moved a few metres on the highway. At least now we know that the traffic lights have changed 4 times; we have been stuck here for only 1,340 seconds. There is hope! There is a light at the end of the tunnel. Please do not switch it off!