Prof William Ochieng', who teaches history at Maseno University, is making certain demands of the Judiciary that are idealistic but totally impractical (What we expect from the new Judiciary, Daily Nation, Tuesday, July 5 2011). While some are easier dealt with, at least in theory (attire), others demand a careful consideration of the place of judges and lawyers in the administration of justice in Kenya and whether a complete overhaul of the system will benefit Kenyans or cause them untold suffering.
Some of Prof Ochieng's points are easily addressed. He claims that an examination of recent public appointments, especially to commissions and other consultative or appointive bodies, appear dominated by the legal profession, that lawyers and women are "taking all the good jobs in the reformed Kenya". When it comes to gender equity in public appointments not even Prof Ochieng' should begrudge women their moment in the sun, especially if the women being appointed are qualified and experienced. Under Kenya's three presidents, the place of women has resolutely remained in the kitchen, or as nurses, nursery school teachers or supermarket checkout cashiers.
He, and many men, refuse to acknowledge that women also have the capacity to contribute meaningfully in national policy-making or implementation, and that the continued dominance of structures of governance by men is no longer tenable in a country where women outnumber men on an absolute basis. As to whether lawyers are also taking the lion's share of new public appointments, this is a matter that the good folks of the NCIC can tell us about. But, when it comes to public offices dealing with matters of law or the constitution or constitutional interpretation, or indeed the Judiciary, to expect that lawyers would not be considered at all for any position on these bodies would be to betray an animus against lawyers that is unfair and unwarranted.
In fact, it is this naked animosity against lawyers that seems to permeate Prof Ochieng's article. Kenyans are now persuaded, sans proof, that lawyers are responsible for many of the ills that bedevil the nation, and lawyers-turned-politicians seem to act as the lightning rod against the legal profession, especially when they disgrace themselves in Parliament or in government. Therefore, calls for institutions such as the Judiciary to admit non-lawyers into their ranks resonate with the public completely forgetting that for such a scenario to come true, we will have to abandon a legal tradition, albeit a foreign one, that has prevailed in Kenya for well nigh on 110 years.
Kenyans forget that in the absence of a credible system of administering justice, where law enforcement depends on the size of your political constituency (or wallet), the continuing illiteracy and semi-literacy of a large proportion of the population, and many other ills, it falls upon the legal profession to offer guidance and advice on a raft of challenges, both political and not. Contrary to popular belief, lawyers are generally honest, and demonstrate high morality and integrity, act professionally and maintain the highest standards of ethics. If they did not, all lawyers would be rich, fat and keeping at least two mistresses for their own pleasures.
It is this lazy approach to public discourse that is hindering the acceleration of the pace of reforms in this country. We must elevate the level of public debate in order to better generate ideas for the improvement of the lot of the majority of Kenyans. To do this, we must also ensure that social institutions such as schools and churches are revived, but more so, public universities. A liberal university education is a requisite for the job-hunt6ing youth of Kenya, where they will be challenged to expand the boundaries of social and political convention, to challenge accepted orthodoxies, and to experiment with the wisdom of rebellion. It is the only way that the professorships and doctorates manufactured every year can benefit this country. Only the will the likes of Prof Ochieng' find sound reasons for raining opprobrium on the legal profession instead of rehashing urban legends long discredited even by bar-stool intellectuals.
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