As the 30 day discussion of the Draft Constitution comes to an end the Committee of Experts (CoE) will then have 21 days to incorporate the views of Kenyans in the draft. The CoE will then turn it over to the Parliamentary Select Committee on the constitution leaving the quest for a new constitution to politicians… So we need to be ever more vigilant that our views don’t get diluted or thrown off e.g. the chance of having a new Kenya whereby the MP’s are not some demigods but servants as provided by the Right of recall an MP clause as stipulated by Article 131 Section (1)
131. (1) The electorate under Articles 125 and 126 have the right to recall their member of
Parliament elected before the expiry of the term of the relevant House of Parliament.
Key:
Article 125 = Membership of the Senate
Article 126 = Membership of the National Assembly
Below is my submission as a young Kenyan with great hope for my country and belief in some of the good content that this Draft Kenyan Constitution promises to harness the unparalleled potential of the most valuable natural resource in this country i.e. my mothers, my sisters, my friends, my un born daughters and by an implied extension to the whole Kenyan society.
So let’s do this:
CHAPTER THREE
NATIONAL VALUES, PRINCIPLES AND GOALS
13. (2)
(i) ensuring full participation of women, persons with disabilities, marginalized communities and all other citizens in the political, social and economic life of the nation;
(j) implementing of the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender;
Good
Assures for equitable access to elective or appointive bodies
Recommendation: Keep it
CHAPTER FOUR
CITIZENSHIP
Citizenship and marriage
18. (1) A person who has been married to a citizen for a period of at least seven years is entitled, on application, to be registered as a citizen.
Dual citizenship
21. (1) A person who is a citizen does not lose citizenship by reason only of acquiring the citizenship of another country.
Good
Unlike in current Constitution a Kenyan woman can have her Husband acquire Kenyan citizenship and benefit from full rights extended to citizens e.g. Tax incentives as stipulated by Article 18 section 1
Recommendation: Keep it as It is
Good
Article 21 Section 1 lets our Athletes and siblings who were extended an opportunity of a lifetime to better their livelihood from retaining their citizenship in Kenya so that they can better enrich the lives of those they left behind by not being out casts only because they took up citizenship in another country
Recommendation: Keep it as It is
CHAPTER SIX
THE BILL OF RIGHTS
Right to life
35. (1) Every person has the right to life.
(2) A person shall not be arbitrarily deprived of life.
Good
The assurance of right to life for all cannot be over emphasized by the clarity and conciseness of Article 35 Sections (1) and (2)
Recommendation: Keep it as It is
Freedom from discrimination
37. (1) The State shall not discriminate directly or indirectly against any person on any ground, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.
(2) A person shall not discriminate directly or indirectly against another person on any of those grounds.
Gender
38. Women and men have the right to equal treatment including the right to equal opportunities in
political, economic, cultural and social activities.
Youth
40. (1) The youth constitute an integral part of society and are entitled to enjoy all the rights and
fundamental freedoms set out in the Bill of Rights, taking into account their unique needs.
(2) The State shall take legislative and other measures, including but not limited to affi rmative
action policies and programmes to—
(a) promote the welfare of the youth;
(b) ensure political participation by the youth; and
(c) protect the youth from cultural practices that undermine their dignity and quality of life.
Good
Articles 37, 38 and 40 ensure that Kenyans shall be empowered and not discriminated on grounds of age, sex, culture, socio – econo – political lineage
Recommendation: Keep it as it is
Health
62. (1) Every person has the right to health, which includes the right to health care services, including reproductive health care.
(2) No person may be refused emergency medical treatment.
Good
What Article 62 does is assure that each Kenyan especially the Kenyan woman has access to comprehensive healthcare and further puts her government to task through section 2 to avail these services to her, so that we wont have to loose mothers in the hands of ill equipped dispensaries in Rural Kenya because her twins suddenly decided to ‘jump rope’ with their umbilical codes causing a breached birth throwing her into need for an emergency delivery through C-section which the dispensary nor the nearby health centre had the capacity to handle as the helpless healthcare workers and loved ones sat and watched a mother pass away with her two daughters drowning inside her – all this happening against a back drop of Healthcare providers being poached by foreign nations e.g. Botswana as we spend our much needed resources to purchase refurbished Russian helicopters and fighter jets to prepare for war…
Recommendation:
1. Excellent - Keep as it is
2. Under the SIXTH SCHEDULE (Article 312(1)) LEGISLATION TO BE ENACTED BY PARLIAMENT We need to have a Reproductive Health Bill as one of the pieces of legislature to be enacted and a time line allocated against it to act as a guide to implement the provision of reproductive health care to all.
Part 3-Human Rights and Gender Commission
Human Rights and Gender Commission
76.
Good
Good stuff – its about time actually.
Recommendation:
1. We might want a gender commission that is separated from he Human rights one
2. But then again Gender rights are human rights…so keep it as it is Article 76 Section 2 (b) which proposes a Gender commissioner together with other commissioners sits in well with me as a Kenyan friend of the women
CHAPTER SEVEN
LAND AND PROPERTY
Principles of land policy
77. (2) (f) elimination of gender discrimination in laws, regulations, customs and practices
related to land and property in land; and
Good
Good stuff – it’s way behind its time, but better late than never – now women can own land in their fathers and husbands homes without fear of tradition.
Recommendation: Keep it as it is
CHAPTER NINE
LEADERSHIP AND INTEGRITY
Conduct of State officers
96. (2) A State offi cer shall not—
(e) use the influence of office to sexually or physically abuse any person, or to attempt to obtain sexual favours or other undue advantage from any person;
Good
Really a relief. This will make life better with less unwanted and un needed sexual innuendo and harassment
Recommendation: Keep it as it is
Responsibilities of leadership
94. (2) The guiding principles of leadership and integrity include—
(a) selection on the basis of integrity, competence and suitability, or election in free and fair elections;
(b) objectivity and impartiality in decision making and in ensuring that decisions are not influenced by nepotism, favouritism or other improper motives;
(c) selfless service based solely on the public interest, demonstrated by—
(i) honesty in the execution of public duties; and
(ii) the declaration of any personal interest that may conflict with public duties;
(d) accountability to the public for decisions and actions; and
(e) discipline and commitment in service to the people.
Good
All Article 94 is saying is that no one can come back and say that my very talented and highly qualified good friend Fatuma got the job because she is my ‘girl’ friend.
Recommendation: Good stuff keep as it is
CHAPTER TEN
REPRESENTATION OF THE PEOPLE
Candidates for election to comply with code of conduct
105. All candidates in every election shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.
Compliance with code of conduct
106. In every election, all candidates and all political parties shall comply with the code of conduct prescribed by the Independent Electoral and Boundaries Commission.
Good
Article 105 and 106 assure that if my wife wants to stand as a Member of Parliament from my home constituency – her Husband, children and other loved ones do not have to worry of unfair political moves by my brothers vying for the same seat
Recommendation: Good stuff keep as it is
Independent candidates
107.
Good
Article 107 allows for political ‘minorities’ e.g. the young and women to contents for seats as independent candidates without subscribing to bullyish male and ‘fossil’ dominated political parties
Recommendation: Good stuff keep as it is
Basic requirements for political parties
114. (h) respect and promote human rights and fundamental freedoms, and gender equality and equity;
Political Parties Fund
118.
Application of the Fund
119. (3) A party shall not be eligible for financial support from the Fund if more than two thirds of
its registered national office holders are of the same gender.
(4) Parliament shall enact legislation to provide for the equitable allocation of funds to registered political parties taking into account –
(b) the number of women and members of marginalized groups elected through each party in that election.
Good
Article 114 Section (h), 118 and 119 ensure that political parties have the interests of women and the marginalized in their core structure and further tie them up to the Political Parties Fund
Recommendation: Its about time - keep as it is
CHAPTER ELEVEN
THE LEGISLATURE
Part 2—Composition and membership of Parliament
Membership of the Senate
125. (1) The Senate shall consist of—
(b) women elected two each by the regions, the elected members of the county assemblies in each region acting as the electoral college;
(c) persons with disabilities or falling within the category of youth, elected one each by the regions;
Membership of the National Assembly
126. (1) The National Assembly shall consist of—
(b) women elected one each by the counties, each county comprising a single member constituency;
(c) seven members who shall be persons with disabilities, no more than four of whom shall be of the same gender;
(d) seven members elected by marginalized communities, marginalized groups and
workers; and
Good
Article 125 1 (b & c) and 126 1 (b, c &d) further entrench the affirmative action onto our constitution on elective leadership positions
Recommendation: Good stuff keep as it is
Right of recall
131. (1) The electorate under Articles 125 and 126 have the right to recall their member of Parliament elected before the expiry of the term of the relevant House of Parliament.
Good
1. This is just the icing of this document…what Article 131 Section 1 does is unprecedented in Kenya – it gives the Power to the People – finally, if it comes through, the days of taking to the streets to will be forgotten as the tables will turn and the MPs will be servants to us and most importantly, my grand mother in a Village in Gesusu will not have to leave tending to her shamba just because her MP is in town and wants her to go and dance for him/her and her ‘friends’ while her children are sleeping hungry.
2. This further puts our MPs on check and those funny alliances e.g. KKK are not made to gain selfish interests against National interests – simply put, Kenyans are greater than Tribes and MP’s.
Recommendation: Excellent stuff keep as it is
Leader of the Official Opposition
135.
Good
This removes the grey area that exits in Kenya currently, whereby I can be a PM and a leader of official Opposition at the same time
Recommendation: Good stuff keep as it is
CHAPTER TWELVE
THE EXECUTIVE
Good
1. Now, this is not about Raila Odinga or Mwai Kibaki and their cronies or those clamoring for these positions.
2. I think this is for us Kenyans…an opportunity to have National leadership that has checks and balances…a popular elected President (Chairman of a Board of Governors with MP’s being the members of the board – note that the president in this draft is not an MP, so no bias) then the Board appoints a PM (CEO) who will then run the government (Ministers) – note also the difference between the State and Government.
3. There will no longer be one centre of power nor two as ‘they’ are lying to us…there shall be…wait for it…wait for it…many centers of power created from devolution of power…and the pecking order is clear
Recommendation
1. PM needs security of tenure – to prevent the parliament from running rogue and holding the CEO under ransom e.g. what is happening now in Kenya with the Mau
2. Need a clause to bar one from moving from one position (PM) to another (President) and back again e.g. what happened in Russia with Putin
CHAPTER FOURTEEN
DEVOLVED GOVERNMENT
Declaration of the Republic
4. (2) The Republic is founded on principles of good governance through multiparty democracy,
participatory governance, transparency and accountability, separation and devolution of powers,
respect for human rights and fundamental freedoms and the rule of law.
Devolution
6. (1) The sovereign power of the people is exercised at—
(a) the national level;
(b) the regional level; and
(c) the county level.
(2) The governments at the various levels are distinct and inter-dependent and conduct their
mutual relations on the basis of consultation and co-operation.
Objects of devolution
213. The objects of the devolution of government are to—
(e) protect and promote the interests and rights of minorities and marginalized groups at all levels;
Principles of devolved government
214. Devolved governments established by this Constitution refl ect the following principles—
(a) devolved governments shall be based on democratic principles and the separation of powers;
(b) devolved government shall have reliable sources of revenue and autonomy to govern and
deliver services effectively; and
(c) no more than two thirds of the members of representative bodies in each devolved government
shall be of the same gender.
Regional assemblies
216. (3) In electing delegates, a county assembly shall take into consideration ethnic and other
diversities, including gender, represented in the county.
Gender balance and diversity
240. (1) Not more than two-thirds of the members of any assembly constituted under this Chapter are to be of the same gender.
Good
1. A devolved govt ensures that the mother in Rural Samburu can put heat on her local representative through the barrazzas (local meetings), the local leadership can then take it up with the higher authorities up to the National level and have it bring the roads to the ground.
2. Equitable representation also comes out
Recommendation: Keep it
CHAPTER EIGHTEEN
COMMISSIONS AND INDEPENDENT OFFICES
Composition, appointment and terms of offi ce
297. (4) Appointments to Commissions and independent offi ces shall take into account the principles in Article 13(2)(i)-(k).
National values, principles and goals
13. (2) The national values, principles and goals include—
(i) ensuring full participation of women, persons with disabilities, marginalized communities
and all other citizens in the political, social and economic life of the nation;
(j) implementing of the principle that not more than two-thirds of the members of elective or
appointive bodies shall be of the same gender;
(k) ensuring progressive implementation of the principle that at least fi ve per cent of the
members of public elective or appointive bodies shall be persons with disabilities;
Good
Equitable representation well taken care of.
Recommendation: Keep it
Finally but not least:
Kadhis’ Courts
209. (6) The jurisdiction of a Kadhi’s court shall extend to the determination of questions of Muslim law relating to personal status, marriage, divorce or inheritance in proceedings in which all the parties profess the Muslim religion.
Good
This only applies to Muslim people…the Muslim women love it…
Recommendation: Keep it
Lets us move away from the unending Petty Political Bickering and Combative Religious Stands and make love not war.
Monday, December 14, 2009
Monday, November 30, 2009
A MAN - MADE ADVERSITY: WHY DO WE HAVE TO MAKE OUR WOMEN SUFFER?
We all know of how strong and resilient the spirit of a woman is especially that of one living in a developing country such as our beloved Kenya: providing for her family with meager resources more often than not acquired through odd jobs, so that her family and sometimes including the husband can live better lives (the story of non participatory husbands is a long one, for another day). We all marvel at her strength to face all adversity….whether Natural e.g. Pregnancy and child birth sometimes without a skilled birth attendant and Man Made ones e.g. discriminatory laws, religious and cultural shackles.
This suggestion that a section of our society swears by i.e. ‘LIFE BEGINS AT CONCEPTION’ is what I would like to call a Man – Made Adversity that only serves to make life for our women even harder. On the other hand, the draft constitution tries to ensure everyone’s rights to life are upheld without infringement through Section 35 (a) that states ‘EVERY PERSON HAS THE RIGHT TO LIFE’. The former statement, a doctrinal one with no scientific or even religious consensus if included will have a woman’s right to life put under some serious jeopardy.
Listening to the discussions going on especially in our churches reminds me of this time while in school (14 years of age) and our Christian Union (CU) organized for a ‘Rapture Film’ to motivate us to accept Christianity…that was the most frightening 45 minutes of my life. While still engulfed by the fear of ending up with marks on our little foreheads, burning while still alive and other demonic induced atrocities; 300 of my fellow school mates and I were offered a quick solution…all is not lost as long as we accepted Christ and the rest will be history. So we all did (got ‘saved’ that is)…how else were we to ever close our eyes and sleep at night. Looking back I wonder: was that the best way of convincing us to accept Christianity? What I know for sure is that it was not sustainable: for most of the 300 students that ‘got saved’ that night…I do not know of any that understood what they had gotten themselves into.
As I sat in church some 13 years later listening to the preacher go on about how abortion is a sin and all who partake of it will roast in hell, with a disclaimer that went something like: “It is ok though for it to be done when the mother’s health is compromised!”, I could not help but marvel or is it wonder at how things are still the same a decade later…moral high horses trotting around and achieving targets through fear induction…I also wondered: what was the difference between the 2 ‘lives’ that the preacher man was going on about:
• Firstly - the foetus inside the mother of 3 who got raped, conceived and is now traumatized so much that she can not fend for her 3 children anymore; as the thought of harboring ‘part’ of her perpetrator throws her into a suicidal and depressed tone and,
• Secondly - the foetus that can be ‘aborted’ without ‘sinning’ because the mother is ill…what’s the difference in the two ‘lives’?
To me the preacher sounded detached form reality with his mouth foaming while spitting contradictions and appealing to the congregation not to pass the Kenyan Harmonized Draft Constitution if the clauses of when life starts i.e. life begins from conception and abortion description are not in there.
The truth is that in Kenya, 2,600 women die each year from abortion and hundreds of thousands have to live with complications arising after procuring an unsafe abortion – a practice which 800 women undergo each and every day and come to us as healthcare providers to mend them (cut and tie up rotten intestines, removal of perforated uteruses). Legally prohibiting safe abortion (one of the safest and simplest medical procedures according to WHO) does not prevent women from seeking out abortion services; instead it forces them (the ones who have been raped, failed by a contraceptive method, the ones whom the religious institutions and hospitals have turned away because of doctrinal stands of life beginning at conception and many others) to seek clandestine unsafe abortions…leading to the loss of our sisters, mothers, friends and daughters leaving us orphaned (truth be told, we all know who are the pillars of our societies…if you do not know, ask your dad).
In ensuring that clause 35(a) remains as it is in draft constitution i.e. Every person has a right to life, we as Kenyans have a rare ‘twin’ opportunity to:
• Remove one more adversity from the lives of the pillars of our societies…that they may breath a sigh of relief even but for a second before they are off again to confront other challenges and,
• To achieve development milestones: issues of the woman are central in attainment of all the Millennium Developmental Goals (MDG’s) in particular the issue of Unsafe Abortion is of great Public Health significance and the attainment of MDG’ No. 5. a. that seeks to improve on Maternal Health through reduction by ¾ of the Maternal Mortality (unsafe abortion contributes to over 30% of maternal mortalities). For every woman lost unnecessarily, we loose a core resource of development and further moving us away from attaining the above goals.
A thought ran through my head: If I were the preacher that morning, what could I have done differently without causing a disservice to my congregation?
Protect the lives of women and girl in Kenya.
You should grab this opportunity and clamor for a special piece of legislation to be enacted (under The Sixth Schedule of the Harmonized Draft Constitution: Legislation to be Enacted by Parliament) to give guidance on: how abortion should take place, which guidelines to follow, who is eligible and who is not, and who can perform it and in which institutions). That way the constitution as a supreme document does its job to safe guards individuals rights of all without infringing on those of others (e.g. a mothers right to comprehensive reproductive health care) and leave specifics (e.g. when an abortion can be procured and by who to a smaller and legally recognized document – the legislation).
"In the present circumstances, no one can afford to assume that someone else
will solve their problems. Every individual has a responsibility to help guide our global family in the right direction. Good wishes are not sufficient; we must become actively engaged." the Dalai Lama
Louis S. Machogu.
This suggestion that a section of our society swears by i.e. ‘LIFE BEGINS AT CONCEPTION’ is what I would like to call a Man – Made Adversity that only serves to make life for our women even harder. On the other hand, the draft constitution tries to ensure everyone’s rights to life are upheld without infringement through Section 35 (a) that states ‘EVERY PERSON HAS THE RIGHT TO LIFE’. The former statement, a doctrinal one with no scientific or even religious consensus if included will have a woman’s right to life put under some serious jeopardy.
Listening to the discussions going on especially in our churches reminds me of this time while in school (14 years of age) and our Christian Union (CU) organized for a ‘Rapture Film’ to motivate us to accept Christianity…that was the most frightening 45 minutes of my life. While still engulfed by the fear of ending up with marks on our little foreheads, burning while still alive and other demonic induced atrocities; 300 of my fellow school mates and I were offered a quick solution…all is not lost as long as we accepted Christ and the rest will be history. So we all did (got ‘saved’ that is)…how else were we to ever close our eyes and sleep at night. Looking back I wonder: was that the best way of convincing us to accept Christianity? What I know for sure is that it was not sustainable: for most of the 300 students that ‘got saved’ that night…I do not know of any that understood what they had gotten themselves into.
As I sat in church some 13 years later listening to the preacher go on about how abortion is a sin and all who partake of it will roast in hell, with a disclaimer that went something like: “It is ok though for it to be done when the mother’s health is compromised!”, I could not help but marvel or is it wonder at how things are still the same a decade later…moral high horses trotting around and achieving targets through fear induction…I also wondered: what was the difference between the 2 ‘lives’ that the preacher man was going on about:
• Firstly - the foetus inside the mother of 3 who got raped, conceived and is now traumatized so much that she can not fend for her 3 children anymore; as the thought of harboring ‘part’ of her perpetrator throws her into a suicidal and depressed tone and,
• Secondly - the foetus that can be ‘aborted’ without ‘sinning’ because the mother is ill…what’s the difference in the two ‘lives’?
To me the preacher sounded detached form reality with his mouth foaming while spitting contradictions and appealing to the congregation not to pass the Kenyan Harmonized Draft Constitution if the clauses of when life starts i.e. life begins from conception and abortion description are not in there.
The truth is that in Kenya, 2,600 women die each year from abortion and hundreds of thousands have to live with complications arising after procuring an unsafe abortion – a practice which 800 women undergo each and every day and come to us as healthcare providers to mend them (cut and tie up rotten intestines, removal of perforated uteruses). Legally prohibiting safe abortion (one of the safest and simplest medical procedures according to WHO) does not prevent women from seeking out abortion services; instead it forces them (the ones who have been raped, failed by a contraceptive method, the ones whom the religious institutions and hospitals have turned away because of doctrinal stands of life beginning at conception and many others) to seek clandestine unsafe abortions…leading to the loss of our sisters, mothers, friends and daughters leaving us orphaned (truth be told, we all know who are the pillars of our societies…if you do not know, ask your dad).
In ensuring that clause 35(a) remains as it is in draft constitution i.e. Every person has a right to life, we as Kenyans have a rare ‘twin’ opportunity to:
• Remove one more adversity from the lives of the pillars of our societies…that they may breath a sigh of relief even but for a second before they are off again to confront other challenges and,
• To achieve development milestones: issues of the woman are central in attainment of all the Millennium Developmental Goals (MDG’s) in particular the issue of Unsafe Abortion is of great Public Health significance and the attainment of MDG’ No. 5. a. that seeks to improve on Maternal Health through reduction by ¾ of the Maternal Mortality (unsafe abortion contributes to over 30% of maternal mortalities). For every woman lost unnecessarily, we loose a core resource of development and further moving us away from attaining the above goals.
A thought ran through my head: If I were the preacher that morning, what could I have done differently without causing a disservice to my congregation?
Protect the lives of women and girl in Kenya.
You should grab this opportunity and clamor for a special piece of legislation to be enacted (under The Sixth Schedule of the Harmonized Draft Constitution: Legislation to be Enacted by Parliament) to give guidance on: how abortion should take place, which guidelines to follow, who is eligible and who is not, and who can perform it and in which institutions). That way the constitution as a supreme document does its job to safe guards individuals rights of all without infringing on those of others (e.g. a mothers right to comprehensive reproductive health care) and leave specifics (e.g. when an abortion can be procured and by who to a smaller and legally recognized document – the legislation).
"In the present circumstances, no one can afford to assume that someone else
will solve their problems. Every individual has a responsibility to help guide our global family in the right direction. Good wishes are not sufficient; we must become actively engaged." the Dalai Lama
Louis S. Machogu.
Tuesday, October 20, 2009
A Womans Tough Descision
We all know of how strong and resilient the spirit of a woman is…
So, for a woman (our sisters, our mothers, friends and daughters) to decide that an abortion is what she has to resort to, then we know that this decision was not reached light-heartedly. Therefore for us, to go jumping on our moral high horses and deny this woman safe mother hood services through legalised, safe and professionally sanctioned abortion for which there are WHO guidelines on how this should be done, we opt to burry our heads in the ground while our mothers, daughters, sisters and friends are pushed to the corner left alone at the mercy of quacks (as most of the specialised care is found in the city) who then induce abortion in unsafe manners only the woman to be brought to Kenyatta Hospital in her dying bed from complication of abortion we are being discriminative and inhumane to our women. This woman in the dying bed has left a whole community in the rural area without a woman to fend for them – as we all know that the pillars of any society esp the rural ones is found in the woman who sources for firewood, water, to drink and water the crops to harvest and sell to get school fees to educate the little bundle of joys who now will have to be forced to be mothers, fathers, and when all fails become gangsters so as to fend for themselves and their siblings (since we all are on our high horses – as we wonder how can someone neglect their children like that forgetting we are the ones who stood full our grounds anchored by ignorance and deny their mothers an opportunity to access safe, cheap (yes cheap – that’s why some of the clinicians who wear masks of anti abortion campaigners while making convenient bed fellows with the clergy on this matter but are busy fuelling their teenagers vehicles with the funds from abortions secured clandestinely at a premium unreachable to the ‘kawaida mwanainchi’ who cannot afford this premium and has to resort to an equally expensive procedure at the hands of an eager ‘kwack’ which she might be forced to pay with her life. So as I was saying…make abortion legal, rare, accessible and affordable to our mothers, sisters, friends, and daughters under the watchful eye of professionals governed by the government availing a comprehensive safe motherhood package to our mothers….
This is more of a passionate verbatim...not much of a dialogue...maybe you can also share on your verbatim...
So, for a woman (our sisters, our mothers, friends and daughters) to decide that an abortion is what she has to resort to, then we know that this decision was not reached light-heartedly. Therefore for us, to go jumping on our moral high horses and deny this woman safe mother hood services through legalised, safe and professionally sanctioned abortion for which there are WHO guidelines on how this should be done, we opt to burry our heads in the ground while our mothers, daughters, sisters and friends are pushed to the corner left alone at the mercy of quacks (as most of the specialised care is found in the city) who then induce abortion in unsafe manners only the woman to be brought to Kenyatta Hospital in her dying bed from complication of abortion we are being discriminative and inhumane to our women. This woman in the dying bed has left a whole community in the rural area without a woman to fend for them – as we all know that the pillars of any society esp the rural ones is found in the woman who sources for firewood, water, to drink and water the crops to harvest and sell to get school fees to educate the little bundle of joys who now will have to be forced to be mothers, fathers, and when all fails become gangsters so as to fend for themselves and their siblings (since we all are on our high horses – as we wonder how can someone neglect their children like that forgetting we are the ones who stood full our grounds anchored by ignorance and deny their mothers an opportunity to access safe, cheap (yes cheap – that’s why some of the clinicians who wear masks of anti abortion campaigners while making convenient bed fellows with the clergy on this matter but are busy fuelling their teenagers vehicles with the funds from abortions secured clandestinely at a premium unreachable to the ‘kawaida mwanainchi’ who cannot afford this premium and has to resort to an equally expensive procedure at the hands of an eager ‘kwack’ which she might be forced to pay with her life. So as I was saying…make abortion legal, rare, accessible and affordable to our mothers, sisters, friends, and daughters under the watchful eye of professionals governed by the government availing a comprehensive safe motherhood package to our mothers….
This is more of a passionate verbatim...not much of a dialogue...maybe you can also share on your verbatim...
Monday, October 19, 2009
...Kenyan Womens Need for Accessible, Affordable and Comprehensive Safe Motherhood Services...
Maria was a young girl who had been left ‘orphaned’ by the untimely demise of her Mother due to complications of abortion…but of course even on her death bed (in this case at her shanty house) while they waited for the ‘doctor’ whom they had sent Mwasia (Maria’s 13year old brother) to go and get over 2 hours ago from the nearby Slum.
N.B. the term ‘orphaned’ is used loosely in this story to mean one who is left behind with only a father who is perpetually in a drunken stupor while the term ‘doctor’ is used to refer to the cleaner at the local health centre who had been masquerading as a Medical doctor by virtue of working in a health facility and of course the names have been changed under grounds of privacy.
Back to my story…even on her death bed…Sofia (Maria’s Mother) could not get the courage to tell Maria the truth of why she was dying…the complications of an unsafe abortion which she had procured 3 weeks ago and now had her drowning in her own pus seeping from the infection arising from a perforation (hole that later turned to a wound) that the ‘doctor’ created through her uterus and into her intestinal tract using the ‘spokes’ of his trusted bike to try and abort the 1 month old, 7th pregnancy. A pregnancy of course that Sofia did not need as she was having a ‘hell’ of a time breaking her back each day to put a meal on the table for her family on every other day, let alone purchase the ever out of stock contraceptive pills. So Sofia succumbed to ‘septicemia’ (Toxic blood from the poison of bacteria that lived in the ocean of pus inside her) as Maria hugged her mother while her 5 siblings watched not understanding what was happening to them presently and about to happen to them in the future.
Sofia was buried aithin 3 days in an unmarked grave, Joseph was nowhere to be seen while his 7 children bade farewell to their strong, beloved, funny and ever present mother - thanks to the local church community that organized for the funeral arrangements.
For the 1st few days, there was a good amount of donations (food, clothing and books to keep Maria and her siblings warm and full through the cold, lonely and sure as a heart attack chaotic nights when their Joseph would come home in a waft of alcohol) but with time the church moved on to the next ‘needy’ family…
Maria was now left to solely fend for 'her' family…months passed on as she tried to get something in vain until one day a church lady (Mrs. Sumaritan) offered her a job as a maid at her house.
This Maria felt was a blessing sanctioned by her recently deceased mother as she watched over them from Heaven...to her and 'her' family. She could now work for a few years just enough to see Mwasia her brother through high school after which he would then take up the responsibility of looking after them together along with her while she worked at her own tailoring shop and him at a mechanic shop - for Mwasia loved cars…their elaborate plan was now in progress…
6 months into the job Mr. Sumaritan started noticing Lil Marias blossoming figure as she sashayed in front of him diligently serving his family. Each night he could go into her room and violate her sexually, then there after threatened her with death if her mouth were to ever open and reveal his actions to the society (notice that Mr. Sumaritans concern is not even the Almighty whom but the 'society' and if you ask me, I really believe that Mrs. Sumaritan knew very well where Mr. Sumaritan used to go to...to take a ‘glass’ of water from each night as he always did…but that is a story for another day).
3 Months later on her 16th Birthday Maria found out that she was pregnant… after deep though and reflection, she went to her local dispensary where by the In – charge: Ms. Ingnorata Holi Bin Dan Thau was stationed. Maria innocently shared her experience and quickly (I do not know if it because of her misplaced ‘fear’ of the Almighty, or the lack of understanding of the oath she took to preserve the health of others in her care)…I do not know…because she started in a 'shame-the-devil' tone to impart her skewed belief governed by her emotions, religious beliefs rather than logic, science and professional acumen to tell the girl off and that Abortion was illegal in Kenya, that she would die and burn in hell but that was after she was captured by the Kenyan police and prosecuted by the state and imprisoned at the newly constructed Migingo Island Maximum prison created specifically for ‘baby killers’ , ‘prostitutes’ , and people who are ‘pro-choice’.
Maria left so dejected as now her elaborate plan, had been thrown to disarray as to who to go to if not even her government and healthcare professionals could afford her a safe environment to terminate her 'unwanted and unplanned' pregnancy: now, her and her family are never going to realize a bright future at their ‘MWAMA Garage and Tailoring Shop’ i.e. MWAnzia and MAria Garage and Tailoring Shop.
As she was crying while washing the ‘Sumaritans’ clothes, the neighbors house help Purity came over and after serious prying was able to find out Maria's deep secret and even went further to offer to introduce her to a man that she knows who goes by the name ‘Kalumanzira’ who was incidentally the same ‘doctor’ we encountered earlier in the story…
Friday afternoon the appointment was made and after payin Ksh. 2000 from both hers and Purity’s savings (Purity offered to loan her some of the money to be paid back with a Ksh. 500 interest) after that month Maria went into Kalumanziras ‘clinic’ that looked well stocked...full of drugs and other paraphernalia’s siphoned out of the Health Centre where Ms. Ignorata laid a blind eye to the siphoning since they were not paid that well and she was receiving Ksh. 200 for every items siphoned out. Back to the ‘clinic’, it looked just like any clinic... with the boxes of drugs which Maria noticed had ‘clinic markings’ i.e. G.O.K. Not For Sale (of course Maria could not read and hence know that it meant Government of Kenya Not for Sale) all she knew was that they were ‘standard’ clinic equipment in a ‘clinic' that was kind enough to clandestinely get rid of the unwanted pregnancy without sending her to the dungeons at Migingo Maximum Prison to rot like the pus that had drowned her mother…
Kalumanzira came forth with the wire from the spokes of his bike…you could even see specks of grease on the stainless steel…he explained that the procedure might be a little uncomfortable for her and hence gave Maria 4 wooden tongue depressors 'standard government issue' to bite on as he had seen Ms. Ignorata do so many times when she ran out of local anesthetic due to the siphoning and lack of interest in the commodity (Procurement) management process as to her: it was a lot of work that the new guys at Headquarters had introduced to frustrate her. Sorry, I digressed…Mr. Kalumanzira of course as he has always has done plunged the wire inside our little girl probed here and there until the wire disappeared inside and he felt satisfied with himself.
2 weeks later Marias work became unbearable as she could no longer take the pain in her stomach, so Mrs. Sumaritan took her to the Health centre where Ms. Ignorata noticed her. From history taking and prying she established that poor lil Miss. Maria had gone ahead and ignored her ‘always right’ advice and chosen to go the Migingo option, on her way to Hell…she then referred Maria’s case to the National hospital where Maria reached with severe abdominal pus (abscess) and a ‘death of the uterus’ i.e. necrotic uterus.
The surgeons then went ahead and booked her into the theatre and removed her 'dead after perforation uterus' threw it into the dust bin and stitched her intestines (or whatever was left after they had chopped off the infected irredeemable parts) to the wall of her belly, they then made a hole to the outside world and put a colostomy bag through which she would have to now ‘shit’ through…
But my tears started flowing when during the counseling on how to use her new ‘shitting apparatus’ the counsellor started telling Miss. Maria of all beautiful and safe abortion services and other options available to her and that she did not have to go to a ‘quack’ to risk her life but atleast she should be thankful she survived the ordeal…
Maria marshalled her strength and asked, “Where were you when I came to the clinic to seek healthcare service?”
My Questions then are:
Why did Maria have to end up here?
Who in The society failed?
N.B. the term ‘orphaned’ is used loosely in this story to mean one who is left behind with only a father who is perpetually in a drunken stupor while the term ‘doctor’ is used to refer to the cleaner at the local health centre who had been masquerading as a Medical doctor by virtue of working in a health facility and of course the names have been changed under grounds of privacy.
Back to my story…even on her death bed…Sofia (Maria’s Mother) could not get the courage to tell Maria the truth of why she was dying…the complications of an unsafe abortion which she had procured 3 weeks ago and now had her drowning in her own pus seeping from the infection arising from a perforation (hole that later turned to a wound) that the ‘doctor’ created through her uterus and into her intestinal tract using the ‘spokes’ of his trusted bike to try and abort the 1 month old, 7th pregnancy. A pregnancy of course that Sofia did not need as she was having a ‘hell’ of a time breaking her back each day to put a meal on the table for her family on every other day, let alone purchase the ever out of stock contraceptive pills. So Sofia succumbed to ‘septicemia’ (Toxic blood from the poison of bacteria that lived in the ocean of pus inside her) as Maria hugged her mother while her 5 siblings watched not understanding what was happening to them presently and about to happen to them in the future.
Sofia was buried aithin 3 days in an unmarked grave, Joseph was nowhere to be seen while his 7 children bade farewell to their strong, beloved, funny and ever present mother - thanks to the local church community that organized for the funeral arrangements.
For the 1st few days, there was a good amount of donations (food, clothing and books to keep Maria and her siblings warm and full through the cold, lonely and sure as a heart attack chaotic nights when their Joseph would come home in a waft of alcohol) but with time the church moved on to the next ‘needy’ family…
Maria was now left to solely fend for 'her' family…months passed on as she tried to get something in vain until one day a church lady (Mrs. Sumaritan) offered her a job as a maid at her house.
This Maria felt was a blessing sanctioned by her recently deceased mother as she watched over them from Heaven...to her and 'her' family. She could now work for a few years just enough to see Mwasia her brother through high school after which he would then take up the responsibility of looking after them together along with her while she worked at her own tailoring shop and him at a mechanic shop - for Mwasia loved cars…their elaborate plan was now in progress…
6 months into the job Mr. Sumaritan started noticing Lil Marias blossoming figure as she sashayed in front of him diligently serving his family. Each night he could go into her room and violate her sexually, then there after threatened her with death if her mouth were to ever open and reveal his actions to the society (notice that Mr. Sumaritans concern is not even the Almighty whom but the 'society' and if you ask me, I really believe that Mrs. Sumaritan knew very well where Mr. Sumaritan used to go to...to take a ‘glass’ of water from each night as he always did…but that is a story for another day).
3 Months later on her 16th Birthday Maria found out that she was pregnant… after deep though and reflection, she went to her local dispensary where by the In – charge: Ms. Ingnorata Holi Bin Dan Thau was stationed. Maria innocently shared her experience and quickly (I do not know if it because of her misplaced ‘fear’ of the Almighty, or the lack of understanding of the oath she took to preserve the health of others in her care)…I do not know…because she started in a 'shame-the-devil' tone to impart her skewed belief governed by her emotions, religious beliefs rather than logic, science and professional acumen to tell the girl off and that Abortion was illegal in Kenya, that she would die and burn in hell but that was after she was captured by the Kenyan police and prosecuted by the state and imprisoned at the newly constructed Migingo Island Maximum prison created specifically for ‘baby killers’ , ‘prostitutes’ , and people who are ‘pro-choice’.
Maria left so dejected as now her elaborate plan, had been thrown to disarray as to who to go to if not even her government and healthcare professionals could afford her a safe environment to terminate her 'unwanted and unplanned' pregnancy: now, her and her family are never going to realize a bright future at their ‘MWAMA Garage and Tailoring Shop’ i.e. MWAnzia and MAria Garage and Tailoring Shop.
As she was crying while washing the ‘Sumaritans’ clothes, the neighbors house help Purity came over and after serious prying was able to find out Maria's deep secret and even went further to offer to introduce her to a man that she knows who goes by the name ‘Kalumanzira’ who was incidentally the same ‘doctor’ we encountered earlier in the story…
Friday afternoon the appointment was made and after payin Ksh. 2000 from both hers and Purity’s savings (Purity offered to loan her some of the money to be paid back with a Ksh. 500 interest) after that month Maria went into Kalumanziras ‘clinic’ that looked well stocked...full of drugs and other paraphernalia’s siphoned out of the Health Centre where Ms. Ignorata laid a blind eye to the siphoning since they were not paid that well and she was receiving Ksh. 200 for every items siphoned out. Back to the ‘clinic’, it looked just like any clinic... with the boxes of drugs which Maria noticed had ‘clinic markings’ i.e. G.O.K. Not For Sale (of course Maria could not read and hence know that it meant Government of Kenya Not for Sale) all she knew was that they were ‘standard’ clinic equipment in a ‘clinic' that was kind enough to clandestinely get rid of the unwanted pregnancy without sending her to the dungeons at Migingo Maximum Prison to rot like the pus that had drowned her mother…
Kalumanzira came forth with the wire from the spokes of his bike…you could even see specks of grease on the stainless steel…he explained that the procedure might be a little uncomfortable for her and hence gave Maria 4 wooden tongue depressors 'standard government issue' to bite on as he had seen Ms. Ignorata do so many times when she ran out of local anesthetic due to the siphoning and lack of interest in the commodity (Procurement) management process as to her: it was a lot of work that the new guys at Headquarters had introduced to frustrate her. Sorry, I digressed…Mr. Kalumanzira of course as he has always has done plunged the wire inside our little girl probed here and there until the wire disappeared inside and he felt satisfied with himself.
2 weeks later Marias work became unbearable as she could no longer take the pain in her stomach, so Mrs. Sumaritan took her to the Health centre where Ms. Ignorata noticed her. From history taking and prying she established that poor lil Miss. Maria had gone ahead and ignored her ‘always right’ advice and chosen to go the Migingo option, on her way to Hell…she then referred Maria’s case to the National hospital where Maria reached with severe abdominal pus (abscess) and a ‘death of the uterus’ i.e. necrotic uterus.
The surgeons then went ahead and booked her into the theatre and removed her 'dead after perforation uterus' threw it into the dust bin and stitched her intestines (or whatever was left after they had chopped off the infected irredeemable parts) to the wall of her belly, they then made a hole to the outside world and put a colostomy bag through which she would have to now ‘shit’ through…
But my tears started flowing when during the counseling on how to use her new ‘shitting apparatus’ the counsellor started telling Miss. Maria of all beautiful and safe abortion services and other options available to her and that she did not have to go to a ‘quack’ to risk her life but atleast she should be thankful she survived the ordeal…
Maria marshalled her strength and asked, “Where were you when I came to the clinic to seek healthcare service?”
My Questions then are:
Why did Maria have to end up here?
Who in The society failed?
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