LAWS OR MORALS?

We all have reasons or things or people for whom we are grateful for. Personal,social or intellectual gifts to us by the most high God are most appreciated.

Now, I have this one gift for which I will forever be thankful. That happens to be the spirit of liberalism. It is queer and I’m absolutely privy to that. But better still, I don’t shy away from admitting such. I regard this gift of nature so uniquely because in a myriad of ways, it has saved the human race from extinction for so many times.

Human trade and slavery in the medieval times for instance, was brought to an end courtesy of the liberalism of people like William Wilberforce who at the time, was a leading economist in Britain. It is also that same spirit of liberalism in the icons of African independence like Mwalimu Nyerere, Dr Kwame Nkrumah and such like them which prompted the many colonialists of our vast continent to let go off the archaic, shameful and uncouth practice of over dominance. Also not forgetting that it was the undying and relentless agitation of liberals like Raila and the late Matiba that brought forth the multipartism and democracy that we now avidly enjoy in Kenya.

Liberalism in its entirety, helps me in discerning what is good and bad for the multitudes. It has instilled in me the courage to fight and stand for what is conventionally fair, right and just in my case.

Here is a brief anecdote before I delve deep into the premise of this article.[The setting is Kapsabet High School, the year 2018, the 19th day of October.]

On that particular day, I was summoned by the teacher on duty to his office at roughly a quarter past ten o’clock. For clearance of doubt, it was in the morning. I was set to answer to charges levied against me purportedly for lending my extra pullover to a frail looking form one on a misty and cold morning. The boy’s name is James. James Mwangi;the same as that Equity bank’s CEO.

So I proceeded to the Kiswahili office, for that is where Mr Kiplagat lounged. I arrived there but before any pleasantries were exchanged, I was slapped with a direct yet general question from a mean looking face.

“Caleb, do you think that what you have done is right?”

I had done so many things that day but in that context, it was not rocket science to decode that the inquiry regarded me lending James my pullover. And so as such, I said yes. I did not forget to compliment that I did not just ‘think’ it was right as he had colloquially phrased it, but rather I did know so.

Mr Kiplagat was hasty to conclude that not once did he think that I was such abrasive and vulgar. Reason being, I had breached the infamous school code of conduct which stipulated expressly that no sharing at whatever circumstances was allowed in school. And that to that, I was not remorseful and apologetic.

Most intriguingly, a placard on the wall of his office had the words “sharing is caring” on it. What a paradoxical coincidence! So I referred him to it and this was what he had to say. “Oira, you know you are a good boy.” Alright, that was not news to me. I was in the full glare of knowledge that I was a good boy. “But it is this petty rudeness and ruffian talk that even cost your quest for the captaincy of this school.”

Whooa! Now that was new. [In two dimensions.] The fact that he claimed I was rude, and that rudeness had impeded my quest for the captainship. But nonetheless, I understood him. Under normal circumstances, I never pride in blowing my own trumpet but if by ‘rude’ he meant my immovable stand for what is right , then I gladly accept my charges as stated. And I did not seek to be acquitted.

Away from that.

Today I was going through ‘Kigogo’, a Swahili playbook authored by the prolific Pauline Kea. As I was perusing through the final pages, I came across this character;Bw.Kingi. In the play, he happens to be the chief of police, a rank that equals that of the Inspector General in our current constitutional echelons of administration.

Majoka, the governor of Sagamoyo, who also doubles up as the commander in chief of the armed forces instructs Kingi to shoot at the supporters of Tunu, his fiercest critique upon coming to terms that her popularity is unwavering. But to his awe and chagrin, Kingi refutes his orders. Orders from a superior power, which by law, for your information, were supposed to be strictly heeded to.

I  still have not ceased imagining what would have ensued had Bw.Kingi heeded Majoka’s instruction. Lives without count were bound to have been lost and anarchy would definitely have reigned supreme.

To another final story.

After the destruction of the earth during Noah’s flood and the flaming of Sodom and Gomorrah, God looked at the aftermath and came to the conclusion that not again would he ever mete such suffering and agony upon his people by law.

This finally brings me to the premise of my argument.

Was I wrong to lend my pullover to James on that cold frosty morning despite it being against the law? Was Bw.Kingi wrong to disobey his superior and consequently avert the en masse loss of lives? I don’t think he was.

Should we then allow the law to corrupt our morals and virtues? Should we allow the law to erode whatever small of humanity that is left in us? I do not know about you, dear reader, but I vehemently presuppose that we shouldn’t.

Africa’s great minds and men of wisdom say that law without morals is obscene. I don’t want to differ even slightly from that school of thought. Jesus asked the teachers of law and the pharisees whether there was any one of them who would not rescue from a well, his lamb, on a sabbath. Surprisingly, there was none. He then proceeded to break the law as it was, and healed on a sabbath. Who then are we, to claim perfection and substitute good morals, virtues and above all humanity for some insane and frivolous laws?

Dear reader, please think with me.






©oiraqaleb esq….

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