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NATIONAL vs PUBLIC INTEREST

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  “National Interest vs Public Interest” Which takes precedence over drafting of governance policies? “Moving forward, the Supreme Court has an opportunity to develop jurisprudence on national interest and the nexus in realization of the constitutionally guaranteed rights on personal and public interest.” These are the words of the 4 day old Deputy President of the Republic; Prof Abraham Kithure Kindiki at the celebration of 12 year anniversary of the Supreme Court. The statement begs prompt understanding of critical constitutional matters which if not well addressed, stand the risk of clawing back on key basic human rights and freedoms that have been enshrined in the laws of our land. Professor Kindiki presupposes that there are two interests in policy making; Public interest and National interest, and goes forth to suggest that the latter is the apex consideration on all matters of government policymaking. What is public interest? Guided by the doctrine of interpretation, &qu
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WE ARE FUCKED

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1 In case you were still in doubt, allow me the latitude to state in no uncertain terms that yes, we truly are fucked! As a country, a nation, a sovereign state, we are deep in the trenches. June 18th heralded a series of next-gen  protests that the status quo deep state has not experienced before in Kenya. We, the young people of this generation, went out to the streets, peaceably and unarmed, to protest against what I’d generalize as bad governance. Our tools of trade then, and still remain so, were a phone, a bottle of water and handkerchiefs/flags coupled with placards. The clarion call has been the same, albeit shrouded in different messages: time is nigh for the country to experience good governance under the rule of law. 2 Well, a section of the political class has often deliberately misconstrued that and interpreted it as a c all for constitutional reforms in their frail self-preservation efforts. Nothing could be further from the truth! All we ask for is that the ruling elite
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SOVEREIGN POWER: PEOPLE OR PARTIES?

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The Constitution of Kenya 2010 article 1(1): All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution and 1(2): The people may exercise their sovereign power either directly or through their democratically elected representatives.  These two clauses of our law define the general political governance structures of our country. But what is this thing called ‘sovereignty’? Sovereignty refers to the supreme and ultimate source of authority that exists within any political unit or association . By inference, therefore, the people are the supreme authority of any political structure within the territorial bounds of Kenya. They are at liberty to choose the form in which they will exercise their sovereign power; either directly or indirectly, through democratically elected representatives. The CoK 2010 is inherently inclined towards describing the structures of indirect exercise of that sovereign power, at the expense of direct exerci
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RESHAPING THE BLUEPRINT

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R edefining engineering involves reimagining the role of engineers as agents of positive change in committment to addressing the complex challenges facing society, technology, and the environment. Ideally, this involves adopting a socio-technical approach to applying engineering solutions which acknowledges the interconnectivity of technological systems and social structures. Engineers should consider not only the technical feasibility of solutions but also their social, economic, and cultural implications. In recent times, we have seen a renewed surge of advocacy for environmental conservation in attempts to manage climate change. As engineers, we play a huge role in shaping this international discourse. Kenya has seen a growing interest in sustainable building practices due to environmental concerns and the need for energy efficiency. Civil engineers can incorporate green building technologies such as passive solar design, rainwater harvesting systems, and renewable energy sources in
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THE DEATH SENTENCE

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Yesterday, Justice Nzioka of the High Court in Nairobi made headlines as she sentenced the convicted Jowie Irungu, handing him the very dreaded death penalty. I'm not going into the details of the trial because all the proceedings are well documented in the public domain. What followed the landmark sentencing was an elicitation of mixed reactions from netizens on various social media platforms. The standout sentiment was that the death sentence had been banned by the Supreme Court of Kenya (SCOK) chaired by former CJ David Maraga and therefore Justice Nzioka erred in her sentencing. My submission however, is that nothing could be further from the truth. Here is why: First off, we need to understand that the death penalty was ideally not 'banned' as is widely speculated. What the SCOK did was declare as unconstitutional the provision of a 'mandatory' death sentence for certain classes of offenders, ire those convicted for murder and/or robbery with violence. Before,
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THINK AbourriT

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Ye sternight, I dreamt I was getting stoned, and I woke up high as a kite. What are the odds of that happening? I swear to God it's like a wet dream or something. Anyway, I have a string of papers to sit for this whole week, and my pressure levels zimekuwa zikichezea huko juu kama bei ya unga(cliché, Ik,Ik). So, my mind inadvertently decided to give itself a break and go on a random wild thoughts rampage for the better part of Sunday. It got me thinking, is there such a thing as absolute happiness or gratification? Is there any one thing any of us can do and be like, "Damn! I'm freakishly happy and content and think I have done everything there is to do to make me happy!" I opine not. Humans are just working up an endless maze with regards to that. We wake up each morning to do something that we think is a means to a desirable end in your own merit. That end, once attained, becomes yet another means to yet another possibly insurmountable end, and that sick cycle of ne
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ONE FOR THE AGES

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MASHUJAA DAY CHRONICLES We're visiting Wamo Care Academy; A children's home in Kawangware area, Nairobi. We're under the ELP (Equity Leaders Program) banner. Time of arrival is 1050hrs, give or take a few minutes. We're welcomed by one of the few teachers(male) available. The kid's look in awe as we get in. Probably they haven't seen this huge a crowd in a while at their haven. Nonetheless, we walk in. A few murmurs here and there amongst us. This is a new environment. Personally, I don't know how to act.  The few donations we brought along are placed at a corridor in one of the corners of the two storey building which the close to a hundred and fifty kids call home. A few of us squeeze into a first floor office, probably the headmaster's or director's. He gives us a brief overview of the institution and asks us to feel at home. My friend Sam and I proceed to be given a room by room walk by the head master. There's an acute desk shortage in the
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