Morality not a question for lawyers- 'Baby Mamas Lawyer' Danstan Omari

Lawyer DANSTAN OMARI speaks to VIVIANNE WANDERA about schooling with Matiang’i, representing baby mamas and why marriage is a union of equal fools:

 

You were a teacher before switching careers to law. What do you make of indiscipline in schools?

Three things come to mind. First, the teachers now cannot legally administer corporal punishment which was available in my time as a mode of discipline. Two, many children in schools come from dysfunctional families. Third, alcohol and drugs have become a normal occurrence for both teachers and students. Unfortunately, society judges teachers wrongly using the standards of 1970.

How do we fix this?

What I know is that using the parameters of the old regime to solve the problems we face today cannot work.  

Would you go back to teaching?

I am still a teacher! I have never stopped teaching. I am a lecturer and I also teach on TV.

Should minors who break the law be counselled or charged in court?

The law needs to be amended to reflect the realities of the day. Penal options on school issues are restricted by law. Any child below the age of 8 has no criminal liability and any child below the age of 18 cannot be jailed. The best practices globally and legally are to incorporate the parents into the conflict between the child and the law. You have seen Kenyan parents getting punished for their children’s mistakes because the philosophy behind it is that they failed to guide and nurture their offspring.

Is it true that your law training was paid for by your wife?

Let me confirm that we paid fees for each other. My wife is an equal participant and shareholder in everything I do and own. Empowering the wife pays dividends because she moves from a bread eater to a bread provider, bringing financial, social and intellectual gifts to the family table.

Several young women have been murdered for moving on by men who paid their varsity/college fees...

What we need to understand is that marriage is a union of two fools of similar qualifications and socialisation. Traditionally, that was captured in arranged marriages where witches, thieves and the elite each married their own. But now you can marry or get married to anyone, and this creates problems because you are socialised differently. 

Have you ever found yourself in a position where you couldn’t represent someone because of your morals? 

I have refused to take up matters under two principles. One, if I cannot be paid. Two, if I have a conflict of interest, then I will not take the case. Those are the only reasons a lawyer should use not to take up a matter. Moral questions are not for lawyers. 

Matiang’i was your classmate... What kind of guy is he?

The CS was my classmate at Kiabonyoru Secondary School in Nyamira county. We met again at the National Youth Service and Kenyatta University where we graduated with degrees in Bachelor of Education. He is a very focused person. His vision is never blurred by sideshows and he is a task-based manager, results-oriented.

Did you imagine he would one day be one of the most powerful men in Kenya?

All of us have the potential to achieve what we can. 80 or 90 per cent suppress that potential and end up not achieving what they could have. Matiang’i decided to pursue his potential. From teaching, to the University of Nairobi as a lecturer, as a consultant and administrator, he has delivered. He is proof that in this country, you can push yourself to the top if you are focused, determined, resilient and tenacious.

Nairobians call you the ‘baby mamas’ lawyer!

I love the nickname. In fact, I have registered an NGO called Baby Mamas Lawyer that represents women for free as a corporate responsibility to society. I represent those who are vulnerable for free.

Why so?

When I was a teacher, I witnessed the impact that wars between parents have on children. There were innocent kids in class worried about their mother’s safety, worried about their own safety, children failing to achieve their academic potential because of these bedroom problems. I saw these problems even as a children’s officer. 

You have become a political commentator. Are you bored with the practice of law?

I believe that the practice of law and politics are relatives. My philosophy is that I have a national platform to air my views and educate very many citizens of their rights. The discussion I have on different platforms are of different topics and I do that without fear or favour. 

Do you have political ambitions?

No. I have no interest to present myself for political elective office because I do not have the capacity.  There are better people available for that field. I have a calling to represent Kenyans as a lawyer. But if the country asks me to offer my services in an appointed position, I am ready.

It has been said the Kisii economy is driven by the industry of the Gusii woman, not the men...

It’s true and false. It’s true in the sense that the economy of the Kisii is 90 per cent farming and women are heavily involved in that aspect. A Gusii woman is not born with a mindset of being provided for. But it is not true that men don’t do anything either. This explains why there is a lot of industry and entrepreneurship in an area that is small, densely populated and where land is scarce. Economically, the Gusii community is second to the Kikuyu nation. No gender is a passenger in the community. 

Do you foresee a time when tribal clashes will become a thing of the past?

Yes. The generation we have now is not tribal. We have seen the youth grow out of these tribal cocoons. The high rates of intermarriages are also contributing slowly in the phasing out of the tribalism problems we have had for years. If you have noticed, the generation below 30 only carry tribal names, but have no association with those tribes. There is nothing tribal in this new generation. In the next decade, tribalism will be dead.