Rejection of Mutunga is not a question of the earring, it is about national values

By Donald B KipkorirWe are told that those of us who have opposed the nomination of Willy Mutunga and his deputy have done so based on a mere earring. It is about that. And it is also more than that. The nominations may get approved. Majority of Kenyans, if my friend Tom Wolf of Synovate is to be believed, support the nominations. But as it is trite, minority have their say and majority have the way. Supporters of the nominations have also argued that "he who is without sin, be the first to cast the stone". The arguments by proponents of the nominations are misplaced.Under our Constitution, there is one President, one Chief Justice and one Speaker each for the National Assembly and the Senate. There shall also be 14 members of Cabinet. The Constitution also establishes 12 bodies that are independent. In total, these highest offices in the land are merely 43.In a country of 40 million people, we expect the occupants of these 43 offices to embody all that we hold true to be the best in our national values. The question is: what are our national values?Last week, President Barack Obama became the fifth person in English History to address the joint session of British Parliament. In the address, he described the US-UK’s relationship as an ‘essential bond’ held together by shared national values. Same week, Prime Minister Benjamin Netanyau addressed bipartisan Congress and AIPAC and reiterated that America’s relationship with Israel may be strained, but it is unshakeable because of shared values. In Britain, immigrants have been told that they are welcome as long as they adopt British values. France admits immigrants on condition that they adopt ‘French Culture’. Japan and China emphasise their national values. US, Britain, Poland, Turkey, Israel and Turkey have advance economies underpinned in "national culture and values". The truth be told, America, Britain, France, Israel, Turkey and Poland are advanced economies with the most enlarged personal freedoms. Citizens there have nearly unlimited rights. Yet, these rights are enjoyed to the extent that they don’t violate the basic values that make up the national character of America as a Christian Republic, Britain as a Christian Constitutional Monarchy, France and Poland as a Secular Republics but with Roman Catholic values, Israel as a Jewish State and Turkey as an Islamic Republic. In these countries, no man who wears an earring or has braided hair or tattooed body or is even divorced ever gets elected or nominated to the highest offices of the Executive, Legislature or Judiciary. Our Constitution loudly proclaims in its preamble that we are a God fearing Nation State. In chapters two and six, our beliefs and national values are enumerated. Further, our national values are scattered in our various laws and more specifically The Penal Code, The Public Officer Ethics Act, The National Cohesion & Integration Act, The Anti-Corruption & Economic Crimes Act, The International Crimes Act and the multiple tax laws. These laws set the minimum standards on how we relate to each other at personal level and in public service. The strand running through them is that one should not violate the rights of the other. For those in public service, it demands of them a life that engenders trust and confidence of the public. And again, it demands of each individual to comply with the laws of the country. One who, therefore, violates any of our penal, criminal, civil and tax laws cannot and ought not to be elected or nominated to any public office. Emperor Julius Caesar (100-44BC) took the Roman Empire to its zenith. Pax Romana spread across Europe to Africa and upto the Middle East. Caesar laid the foundation stone to the modern written laws, military discipline, public service, transport system and calendar.He also laid the buildings which his nephew and successor Augustus Caesar (63BC-14AD) took the empire to the next level. Even with his immense imperial activities, Julius Caesar expected moral probity from his family as the First Household of the Empire. When his wife, Pompeia was suspected of having sexual relations with Publius Pulcher, which remained unproven, she was still divorced for as Caesar said, "Caesar’s wife must be above suspicion." Our leaders in public offices, like Caesar’s wife, must be above suspicion.One of the principal pillars of law is the doctrine of nemo judex in causa sua (no one should be a judge in his own cause). This doctrine summarises the principle of bias in judicial deliberations and basically means that one who is biased against an issue cannot be trusted to make a proper decision on it. Both Willy Mutunga and Nancy Baraza have by their writings shown that they have no issue with homosexual behaviour. Both are divorced. The Preamble to the Constitution says that we are all committed to the "nurturing and protecting the well-being of the individual, the family …" Without tiring, we need to ask if Willy and Nancy have sufficient commitment to these principles of the Constitution. Many say that in addition to their academic qualifications, Willy and Nancy are "reform veterans". It is a matter of public knowledge that most of the so-called "Reformists" are now fallen angels. We have a choice to make on whether or not we want to enter public service. When one chooses public service, he chooses to be the moral compass of society. He represents the best of society. For those of us who have complicated lives, we elect to remain in private sector where the law protects our privacy.We reiterate that if Willy and Nancy want to serve us in the highest offices of the Judiciary, they must publicly eschew their personal beliefs and dress code and conform to what we expect of them. To say that wearing an earring by a man is a non-issue is to miss the entire debate. The writer is an Advocate of the High Court.

Rejection of Mutunga is not a question of the earring, it is about national values

Get Full Access for Ksh299/Week.

Stand With Bold Journalism.
Stand With The Standard.

Related Topics

Popular this week

Latest Stories

The Standard Insider

Digger Classified

GET OUR NEWSLETTER

CONNECT WITH US

FOR THE LATEST JOB ADVERTS

DIGGER JOBS

Digger Motors

Digger Real Estate

Rejection of Mutunga is not a question of the earring, it is about national values

Get Full Access for Ksh299/Week.

Stand With Bold Journalism. Stand With The Standard.

Related Topics

Popular this week

Latest Stories

The Standard Insider

Digger Classified

GET OUR NEWSLETTER

CONNECT WITH US

FOR THE LATEST JOB ADVERTS

Stand With Bold Journalism.
Stand With The Standard.