Only an end to impunity will wipe away our tears

Francis Wang is an amazingly energetic law professor who has managed to put together hundreds of law schools throughout the world under the umbrella of the International Association of Law Schools (IALS).

He has had the lifeblood support of an equally amazing American professor, Barbara Holden-Smith, Vice Dean at the prestigious Cornell Law School.

Francis and Barbara have steered regional law deans’ forums all over the world. Their desire for quality legal education has infected many deans. Each of these forums studies a specific aspect of legal education and comes up with proposals that are presented and debated in depth at the global law deans’ forum every two years. Their conclusions help law schools to improve themselves and set higher educational standards.

The 2015 African Law Deans Forum concluded yesterday. It was held in Swakopmund, a beautiful beach town squeezed between the desert and the Atlantic Ocean, on the Namibian coast. The University of Namibia had been a fantastic host.

There were more than forty deans and several senior judges from many African countries, including the Chief Justice of Namibia, Hon Peter Shivute, the Namibian Attorney-General, Sakeus Shanghala, and a special guest, Justice Diarmuid O’Scannlain, a respected, seasoned judge in the United States Courts of Appeals, who gave a brilliant speech on judiciary independence.

The debate revolved around evaluation standards for law schools within the framework of the Singapore Declaration, a document passed by unanimity at the 2013 Global Law Forum in Singapore.

It is interesting to note that the Singapore Declaration was actually conceived during one of the regional African law deans’ forums held in early 2013, in Nigeria.

It is also worth mentioning that this year’s African ideas on quality standards and evaluation will deeply shape the outcome of the global meeting in late 2015 at Madrid’s Instituto Empresa Law School.

'MERCILESSLY DRY DESERT'

Two interesting ideas were brought to the floor at the Swakopmund meeting. Hon Sakeus Shanghala spoke about “okutheta po omahodhi” (wiping the tears away) as part of the Ubuntu philosophy.

He argued that in modern legal systems we have forgotten the importance of that human touch, which is often so related to justice in African societies. Going to jail or paying compensation does not necessarily repair a wrong. There must be that human touch between aggressor and aggrieved that expresses a sincere ‘sorry’, a desire to wipe the tears away.

Hon Peter Shivute, CJ, also questioned why Africa was still a minor discussant in world affairs. “We have the resources, the people, the intelligence, we are really big and populated, so why do we remain small?”

Namibia struck me as a mature country. There are ways of getting to know a town a little bit deeper in a short span of time. Two of them are by walking or jogging, and by visiting a church; I did both in Swakopmund: I jogged and went to Mass in a local church.

Swakopmund is clean, neat, peaceful and safe. It is full of beautiful villas, tidy streets, graceful buildings and tourist attractions. Yet all this has been built in a mercilessly dry desert.

The town is inviting, welcoming, and the visitor enjoys a tranquil peace. Namibians are curious on how they can influence the world, how to make a greater impact on humanity and history.

Namibia’s global concerns are poles apart from our current concerns in Kenya. Yet we have all that most of Namibia is lacking; rain, lakes, beautiful and bountiful flora and fauna. We seem too concerned and focused on internal politics, security, corruption, and now, traffic.

This is understandable. The recent attacks have sent panic waves that even led to death and injuries at the Kikuyu Campus and bomb scares in other places. Corruption has played a role in our own security dramas. Politics is the main topic in the daily news.

'UNKNOWN' CHIEF JUSTICE

To these dramas we have added a roundabout tragedy, nobody knows where it came from, but we all thank God it went. South C and South B residents had been divorced, and Buruburu residents were coming to town through Kitui. Those traveling to Langata from town had to drive to JKIA, take a plane and land at Wilson, then borrow a car and join Langata(credit: @nakshmrembo).

We had hoped a mathematical model would be used and proper research done before the “drum” decision was made. We have problems and hopes, dramas and solutions, and we need to walk out of the strong room we have locked ourselves into.

Namibia has the key. It is the “rule of law”: respect for the law and for the Constitution, and avoiding political manipulation of the law and the judiciary for short-term political gain.

It was striking to discover that hotel employees in Swakopmund did not know their Chief Justice and their Attorney-General. Even the CJ himself said that non-practicing lawyers might not know him.

We all know Willy Mutunga and Githu Muigai. We know many a judge. They are constantly on the spot. We meticulously scrutinise their actions, opinions and decisions. Once a governance system is in disarray, all hopes are placed on the law and its judges. This is happening to Kenya. We have become a litigious society.

We need to strengthen the rule of law. The president made a commendable move by suspending senior government officials pending investigations. The media slaughtered them and society was frying them with bitter herbs, though in the eyes of the law they are innocent until proven otherwise.

'APOLOGIES AND REPAYMENT'

It is quite unlikely that in its current composition the EACC has the capacity to investigate all the matters before it and conduct successful investigations. So it is essential for the President to urge and exhort Parliament to give the EACC the finances it will require to hire independent investigators to complete the audit within a reasonable period of time.

A conversation with Chief Justice Mutunga would also help for him to set up courts that expedite these hearings. More importantly, a mechanism for the return of funds will be most useful. Apologies and Repayment, this should be the new mantra.

Innocence is presumed, and we should hope and pray for the fairest and best outcome for each one of the suspended officers. It would be a disservice to justice to let the matter die or convict the innocent. Killing the rule of law would be a dangerous type of terrorism.

The process must be professional, unbiased and scientific. This will help the country, the accused and society.

We need to wipe away the tears of terrorism through justice in all sectors. Corruption brews terrorism and organised crime. For as long as impunity is alive we will never catch up with Swakopmund.