In the wake of yet another fickle series of arson cases in our tertiary institutions, its time students evaluate the whole gamut of dispute resolution.
Last year
most public universities were characterised by kerfuffles, and running battles
with the police as both students and the University administration engaged in
battles of wits, each faction trying to outdo the other. In one of the
campuses, comrades went back to the streets immediately after resuming from yet
another strike.
It is overt
that very few demands were met by the respective universities. Students were
ignominiously surmounted by the aftermath of the strikes. Their time, money,
and resources were wasted while others were injured in the tumult.
The
Universities administrations took advantage of the situation by extorting
parents and students through exaggerated damage fees and imposing even more
punitive policies on their students. A good number were expelled while others
who were caught on camera were subjected to disciplinary action.
Students
became the ultimate losers.
Long gone are the days when student leadership
was a strong influence even in national politics. Nowadays, those elected as
leaders are credulous, docile individuals who are inept in terms of leadership.
Others are made puppets of the administration with promises of cash and small
tokens. Student leadership has blatantly lost its meaning.
Rioting has
only proved to be beneficial to vice-chancellors who end up charging
exaggerated damage fees, which ends up in their pockets.
It's,
therefore, time for comrades to take a different and a more conventional method
of airing their grievances. One that will be effective and will not involve
third parties like student unions.
Court
processes are obviously the best and most efficacious methods of explicating
issues affecting students.
Most
concerns raised by students are cogent and authentic and can stand in court.
This is owing to the fact that public universities are now run like detention
camps with administrators going rogue. Public funds are misused with stalled
projects everywhere, especially in universities outside the capital. Some
universities do not even have expensive facades to deceive the public.
Article one
of the Constitution vests all sovereign power in the people of Kenya. Before
the law, no one is puny. However, most Kenyans still believe in the putrid
narrative of "big people" and "connected people." As the
intellectual elites in the society, students must rise above this insane myth
and take their positions at the table.
The
so-called "small people" have sued the so-called "big
people" and won in infinite occasions. The likes of Okiya Omtata have won
so many cases against the government, yet they don't occupy any state office in
this country. They are normal Kenyan citizens who believe in the rule of law,
as portrayed by the Constitution. The most powerful person in this country is
the local mwananchi.
Students
have also won suits against their respective institutions. Expelled Seventh Day
Adventist students from Kabianga High School are back in class after the court
ordered them to return to school, pending the hearing of their case.
Last year,
thirteen Moi University students sued the University after missing out on the
graduation list, among other issues. They won the case with the High Court ordering
the University to cover the cost of the petition and pay them fifty thousand
shillings in damages.
It's
therefore overtly clear that students can win in court.
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Suing will
save comrades from altercations with the police, exaggerated surcharges, transport
costs, and, most importantly, time. In the process, the school will not be
closed, and learning will take place as usual.
Due to the
sometimes intricate nature of legal processes, a lawyer may come in handy. A
good lawyer will go between two hundred and five hundred thousand shillings. By
a good lawyer, I mean the big names in law practice. Suppose around five
thousand students decide that enough is enough and contribute a mere two
hundred shillings each. This will amount to a million Kenyan shillings, which
is enough to hire two of the very best Lawyers in the country. This will
guarantee the students great representation and an almost guaranteed win.
Let us do
quick math. The least amount paid as damage fee during last year's stint of
unrest was five hundred shillings while the greatest amount paid was seventeen
thousand shillings, the latter being a complete violation of student's rights.
To make matters worse, none of their demands were met. How about opening a
paybill number account and raising as little as two hundred shillings from a
third of the school's population and having your demands heard before an
independent court of law? This would leave the University administrators in
fear and unbridled shame and would restore sanity, justice, and normalcy in our
universities.
Let's style
up, match our standards, and be the impetus of change in our public
institutions. Let us embrace court processes as a conduit for justice. Long
live comrades.