By Judy Thongori

judyt@thongori.home.co.ke

In reaction to last week’s article, a very kind gentleman wrote to me and stated while agreeing with my call to the President and the Deputy President to devolve power and responsibility to families, he wanted to know “how do the authorities meet the family half-way? Perhaps you can expound that in your next article” he said.

About mid-last year, I had a similar discussion with colleagues from other parts of Africa gathered in Nairobi. In reaction to my presentation, a lady from Rwanda said in her country they had already agreed that family is the basis of social order and they had in place the Ministry of Gender & Family Promotion.

That, however, the challenge was how to reach the family and she asked me to give her ideas that she should take back home on the issue.

To my Kenyan brother and my sister from Rwanda, I can honestly say the recognition that our respective nations cannot move forward without families, is the first major step towards that end.

You will recall the recent comments attributed to Chief Justice Willy Mutunga as he opened Gatundu Law Courts, recently:

“You can use elders, churches or mosques to settle disputes. I have even told the people of Kitui where I come from to turn to witchdoctors to resolve some issues.”

 While the words may have been made in jest, my take is that it may be the only message that the Chief Justice needed to have given on that occasion;  He was saying that while Gatundu has a beautiful new court house, Gatundu residents have to also look for alternative methods of dispute resolution because the formal mechanisms of justice are overwhelmed.

Many of us will recall the CJ’s first days in office; he was busy setting   up courts in far-flung parts of Kenya. He put money into new court buildings and even set up mobile courts. 

But alas, about three years later, the CJ is calling for alternative dispute resolution.

My brother and sister the Chief Justice is right. The witchdoctor story aside; he is saying to those who have another way of resolving disputes, to please do so. He is saying no number of judicial officers can solve all the disputes we have, no number of court houses will be enough.

One of the forums the Chief Justice mentions is elders, and in our society, elders are family based. He is saying, please go back to your families and obtain solutions from thence.

I would hastily remind the Chief Justice though, that the even the alternative dispute resolution forums may also get overwhelmed in time, unless we work to reduce disputes. My take is that many of the disputes that happen in this country are caused by one party being dishonest or trying to reap where they did not sow.

My view is that families teach values best; can we reach them to teach their children right and thus reduce disputes?

On other areas like education, the case of one MP tells it best: The MP for Kandara, Mrs Alice Wahome has been holding meetings with parents of students in the local schools. In the initial meetings, she was shocked by the low turnout of the fathers. In subsequent meetings, she showcased any two parents who attended and even gifted them.

Mheshimiwa Wahome realised that it is no good working with the Board of Governors and the teachers only. She realised the power to motivate children to excel lay with their parents; that if a parent was conscious not to overload a child with domestic chores after school, then there was a chance of better performance.  

What do the respective Presidents and the Governments of Rwanda and Kenya need to in order to reach families?

My humble submission is that in the areas that concern the Presidents most, only families can help because they are value issues. 

I am told President Kagame is very concerned about keeping Rwanda clean and abhors litter; even that Mr President, families can teach their young ones best.

The writer is a family lawyer