Last Lap That Is 2015

So today marks the beginning of the end of 2015. Is it just me or this year flew by too fast? January feels like yesterday. And no, I am not going to ASK about how many of your new years resolutions got struck of the 'to do list'. Or rather the to-do-for-the-first-week-of-January list.

We all still have a whole Seven-Hundred-and-Twenty hours to do what hasn't been done all year. See what I did there? Tried making the remaining time look much longer. That was a total fail!

If you accomplished  every positive thing in your list then, good for you!! The world needs you! Many, many more like you. For some, a month-ish is a long time to get some things done. Shake things up a bit to avoid feeling like a year just got completely wasted; or have an answer for when people ask about your 2015 accomplishments.
The rest  who see it like I do, last days of the year that will go by even faster than the other 335 until the final hour to another new year,  just push any remnant resolutions to 2016 like a great percentage of humans do every other year. No one will judge you. I know I won't.

It has been quite a year. A  number of highlights topped by the Pre-Bar Exams cancellation. The exam now water under the bridge for anyone who joined law school prior to September 2012. This is quite a huge highlight because the most immediate and distant future revolves around it. I do not know what Kenya School of Law was trying pull but at least that's over. The general standard of legal education might have dwindled  a bit over the past few decades that might have seen to the need to separate chaff from The wheat. Introducing the exam, however seemed like a number cut-off measure of some sort. There are too many lawyers than the system can handle. Everyone wants that crucial diploma certificate. An entrance exam only made the proverbial light further away in the already long (not dark, just long) tunnel of one's quest for legal education.

Some 'lowlights' [If that's even a word. scrabble] too. Losing an iconic family patriarch (Jaduong') Richard Agak, may he rest in peace.
Then there is the Council for Legal Education giving as a run for our degrees.
Highlights, lowlights and well, other moments that, come to think of it, are just blank gaps between one day and the next. Moments between when there is no mention of terrorists wrecking havoc all over the place, planes crashing, Obama and pope coming to Kenya or seeing the ocean for the first time. Not ordinary life per se. Time to reinvigorate. I bet people who meditate might have a word for that limbo.

Best part is, we get a whole new year for a fresh start, make right what was wrong, make new goals [Chelsea fans, I am not pointing fingers], accomplish procrastinated ones, or for workaholics, rest a little. Hopefully that is what the extra day is for. Yes, 2016 is a leap year. Mind blown!

Are you obsessed with FACEBOOK??!

I saw this and just had to share it with all of you.. Facebook has been such a central part of modern life that everything else is taken for granted.. (Can you blame us really?! No) 
This artist has some pretty elaborate pieces to show just this. Click the link below to view the illustrations

sploid.gizmodo.com/these-illustrations-perfectly-make-fun-of-our-obsession-1638836242

Pawel Kuczynski is a Polish artist
who makes illustrations "that make us think about life, politics and all that is important in the world."

HELB Loans: A Blessing or a Curse

“HELB” a term known all too well by kenyan university students, students in technical and vocational training institutions limited to those within the Ministry of Education, Science and Technology. That loan that helps you through out your college years then rued the minutte the board comes knocking for its money back. If only there were means to forgive these debts. Well on the other side of the world, in 2010, US President Barack Obama signed the Health Care and Education Reconciliation Act. The piece relevant to this article however is student loan initiatives included in this law informally known as the “Obama student loan forgiveness” plan. As of 2014, Americans enrolling in colleges can now benefit from expanded repayment plans and more generous repayment terms. The ultimate goal of Obama’s student loan reform is to place an affordable college education within the reach of more Americans. 

I too thought “forgiveness”meant having one’s debts completely waived but in reality, measures are put in place to ease the burden. These includes consolidation of all student loans so that a suitable plan may be used in repayment, an income based recovery plan which is lower than the standard payment in place; the debt might be forgiven after 20 years (down from 25yrs) of making regular payments on a student loan. Responsible borrowers can qualify to have the rest of their loan forgiven. It gets even sweeter {for lack of a better word}. Public service workers such as teachers, nurses, peace officers, and members of the military, may qualify for loan forgiveness after 10 years of making regular monthly payments. 

Kenya on the other hand has the ropes tightened as the Higher Education Loan Board keeps coming up with ways to ensure the loan repayment compliance is achieved. Right now, any defaulters regardless whether they have notified the board or not face an automatic cumulative monthly fine of KSh. 5,000. Maybe this is one of the reasons students go on the offensive whenever loans are delayed. HELB now Working closely with the professional bodies to widen and deepen loan recoveries. The board partnered with National Social Security Fund (NSSF) to be able to access NSSF data to help it collect key information necessary to linkage with past HELB loanees. To this end, HELB is already collaborating with the Kenya Revenue Authority, National Hospital Insurance Fund, Retirement Benefits Authority, Central Bank Kenya, SASRA, Capital Markets Authority and credit reference bureaus. 

The 6th March, HELB (Amendment) Bill, 2015 aimed to amend the HELB Act proposes that within a year of graduation one is to inform the board in writing that they’ve not been able to secure an employment, then the default levy is not to be imposed. This makes a lot of sense because it is quite burdensome to have penalties imposed even before you get the chance to work towards repaying the same.Knowing kenyans, I must also bring into perspective that some loan-repayment-avoiding-crooks might use this to try to evade their responsibility all together.

The bill also proposes to provide for student representation in the board and further allow minors to make applications through a guardian or parent. Section 4 of Cap 213A of the HELB Act amended to include two student representatives on the board, one of who shall be from a public university and the other from a private university elected by their student leader on a “rational” basis and shall serve for a period not exceeding 2 years. I’ll let you be the judge of this need for student representation. No loan forgiveness for us though. The billions put out every year to fund this system necessitates that the monies get reverted back in order for the operations to continue smoothly. 

If You Can't Beat them Scroll Down!

Is there no limit to the content that can be posted online? This indian photographer Rupi Kaur, had an understandable cause but you’re still left with a frozen gaze. Right, I know what you are thinking. Another lame old post about online content, why don’t I just stay the hell offline! Well that’s just it! I can’t. Feel free to share whether you went on an “internet fast” the last time someone shared some things that rubbed you the wrong way. An entire virtual world is right on my fingertips. I’m not about to give that up any time soon. And lets be honest, neither are you so please read on oh so curious internet enthusiast.

 But my use of the internet should not be undermined because of a few distasteful posts. The law can go just so far in ensuring there is utmost regulation on content sharing. The rest is up to individuals. The thing with law and morality. We are right about used to all good, bad and the outrightly ugly components of online content. So much so that if you decide to take it all to heart, you’ll be depressed to death. What I cant’t quite wrap my mind around is why anyone would post (on social media) a photo of a deceased loved one in an open casket. [Shudder] No words for this. We understand you lost someone, you can’t believe you wont see or be with them again. You are grieving and people all around are there to comfort you. But when did using a photo taken when one was still alive become a thing of the past. I must have missed the memo! 

There have been numerous efforts to ensure decency. Hell we do know some of the safety measures being applied to protect users including privacy settings that enbles one to limit the content and amount of interaction with third parties; blocking or reporting; Moderation gadgets; Disclaimers and indication that only proceed if you are a certain age.. Which clearly I think is too overrated. Anyone will be tempted to click the link that say +18 (DON'T LOOK translation: Look, like right now); instagram has decency policy that sees to the removal of photos that violate “community guideline”. Rupi Kaur can attest to this, and only the other day allowed the posting of photos of breast feeding women. Facebook soon introducing a ‘Dislike Button’. Though I sure won’t be that person who dislikes someone else’s gri3f. The best measure though is to ignore the posts and continue scrolling. The internet is such a big place that no matter how much one tries to filter its contents, somehow some will creep your way.

I’m not going to trying to tell anyone how to grieve, the world is what it is. I cannot even start to imagine once am gone shots of ‘dead me’ making rounds on facebook [ShuddER]. I just wish people would think about what they wish to share. Once it gets out there’s no unseeing it. The content might later be deleted but the damage will have already been done

Hashtag Nation

Gone are the days when pressing issues of public interest were swept under the carpet by the top bosses. By the time the general public got updated on what went down, it would already be too late to do anything but shrug it off. The uproar of a selected view would barely scrape the tip of the ice. Most people relied on information relayed to them the main stream media. Whatever did not make the News wasn't news.

Then came change. August 23, 2007, the idea of #hashtag was born.
 One Chris Messina (@chrismesinna) tweeted:
 "How do you feel about using # (pound) for groups. As in #barcamps [msg]?"

Thereafter, live tweeting was picked up by twitter users world wide as a media for one on one conversations. It enabled a user to be part of any conversation no matter where they're from. Twitter Trends have over time been used for social media marketing, creation of fan bases by celebrities, expression of solidarity during hard times and most importantly a tool for advocating for rights on social injustices. In that respect twitter trend helped voice out cases that would otherwise never see the light of day.

My personal favorite are the Kenyans on Twitter (#KOT ). #KOT can rain a glorious experience on a target. And that is when they are having a good day. Hit them where it hurts and a spurge of angry, mocking, and not so mildly sarcastic outburst in tweets will make your day. The most recent thrush was directed at CNN via the #SomeoneTellCNN when they back-lashed at the international news broadcaster for  terming Kenya as 'a hotbed of terror'. Kenyans were determined not to stop until they got an apology. The trend was picked up by a few people internationally. Later, CNN changed the headline expressing that; 'the terror issue was a regional one, and not Kenya's only'. The content of international media goes a long way to mold perceptions about individual states. Such publications are injurious even though that might not be the message intended to be sent.

Then there was #Justice4BusiaKids. Twenty nine (29) kids were left paralyzed after wrongful administration of injections by persons who were not trained specialists. A question of ignorance and negligence. Some were allegedly injected while standing!! Is this the scenario,  someone wakes up one morning and decides he or she is going to start practicing medicine after being around the hospital for a couple of years. Carelessly administers drugs. Hits sensitive nerves and leaves children worse than they were. Walk away from "a long work" day and go home happy? Not on #KOT's watch you don't! The responsible culprits were suspended and are under investigation by the Nursing Council of Kenya. The children were brought to Nairobi for treatment at no cost until they regain full function of their legs. This case put some spotlight on the quality of training of nurses countrywide and how medical malpractices ought to be handled.

In this virtual fight on social media, no personality is spared. From international bodies,  private citizens, journalist, celebrities to some of the top notch local companies like Nakumatt and Safaricom. #NakumattOnTrial when  a shopper was assaulted by a cashier over price discrepancy at the Nakumatt Ukay supermarket. This quickly hit the Hashtag Nation and Consumer Federation of Kenya took up the matter demanding compensation for direct and consequential costs to consumers, forensic audit of Nakumatt billing and pricing system integrity and an apology.

In #SomeoneTellMoiUniversity students of one of the best Kenyan universities took to twitter when studies were suspended indefinately and they were told to leave the campus after protests over the student governing council election that had ensued. Each of the close to 12000 student was allegedly required to pay Ksh 1000 fine to cover costs of damages done during the protests. Their line of argument was that "window panes do not cost a whooping 12 million)

#1MilliforJadudi was for a different cause. Kenyan tweeters came together in solidarity and raised over Ksh 6 million for a brain tumor patient in 2 days. Emmanuel Jadudi (@jadudi) a University student needed Ksh 1 million for his 4th surgery in India but was all out of finances. Bikozulu & Zawadi Nyong'o were among the first people to start the trend that will help fund Mr. Jadudi's Medical Finances. Awareness for the fight against brain cancer was also created. We all wish him well.

The hashtag #WeAreOneKenya seen once too often especially when terror hit various parts of the country. This trend helped spread the message of togetherness, support & oneness during trying times. Even diverse hit could not deter us from showing the world that all intentions meant to divide Kenyan only brings us together. It continues to be used everyday to share inspirational messeges of peace, diversity, innovations, love and unity.

The truth is twitter has been a resourceful platform for information in this age and era. It is not going away any time soon. And neither is TT, nor Facebook and Instagram. Not to mention the veracious community that is #KOT. So much so that when something gains momentum on one social media platform the rest quickly pick up, spreading the message across all networks. I wouldn't finish listing every #hashtag that had an impact on peoples live even if I wanted to. Thats just the power of a hushtag nation!

Is Being a Lawyer Still a Noble Profession?!

What do Nelson Mandela, Gandhi and Abraham Lincoln all have in common? You guessed it – all lawyers. Read their stories if you haven’t already, and see how they became the agents for change. Find out here: http://www.tipsforlawyers.com/lawyer-still-noble-profession/ 

#Garissa_Attack My Burden to Bear?!! There comes a time when we feel that the very people meant to protect us have failed... that the issue of my security is just another speech after a horrific terror attack, another headline or top story.. another #hashtag trending on twitter! But does it always have to be like that??! Whatever ran through the mind of that young boy or girl as the attacker aimed his gun, when life flashed right before their eyes: when a student hid under a bed holding on for dear life; or when they went for the nearest thicket or watch a fellow friend die we will never know... survivors are left with scars that are left only to time to heal... the rest of us live in fear, looking over our shouldiers and always suspicious of the people around us because no one can guarantee your safety any more... this time it was 147 INNOCENT souls.. we dare not imagine what may happen next... we dare not imagine. Terrorism is a thorn in our side and as a nation this is our fight.. muslim, christian, hindu, buddhist its our fight to end together. Westgate, Mpeketoni, Lamu, Nairobi each one of the victim did not deserve to have their life cut short like that.. let us be vigilant... these people live among us.. Do not fear pointing one out like the chaff they really are. If we dont report them today, tomorrow their action will be another number of souls lost.. Let Garissa University attack be the last straw. ONE KENYA, ONE PEOPLE I do not see any denomination painted all over that...! Lets take care of each other.. Let Garissa be the last straw. Rest in Peace Garissa Comrades

April Fools Day... How far can you go?

In 2003, a clothing store employee called her boss on April 1 to tell him that someone with a gun was robbing the Ohio store. Before she had time to call him back and say it was a joke, her boss called the police — who sent four patrol cars to the store. Where the clerk was promptly arrested for inducing panic.

April 1^st is a day when everyone is allowed to pull silly pranks on colleagues, friends and family who are not alert and get away with it. Some people go to the extent of planning the ultimate prank the whole year around. Australia is known for having some of the most phenomenon prank stunt ever. Some of which are online. And youtube. Fools day pranks can be fun, until someone crosses lines. Pranks are intended to be harmless; not the kind to send one to the emergency room. Another prank gone terribly sore was in the wee hours of April 1, 2000. A noisy exploding thingy known as a "bear banger" — so-called because it scares bears — continued to go off in a mess hall at a military base in Moose Jaw, Saskatchewan. One officer took shrapnel in her leg and another received a cut on his face. A 31-year veteran was accused of the prank. He eventually appeared before a military panel and was reprimanded, fined $5,000 and stripped of his command.

Kenya’s own scenario is in Cause 509 of 2012 Edgar Ndemo Momanyi V. Catering & Tourism Development Levy Trustees where Edgar Ndemo sought damages of Ksh. 29, 793,159 in compensation for loss of employment and wrongful dismissal after he pulled a prank on one of his colleagues that eventually led to his dismissal. By a Memorandum of Claim dated 19th March 2012 and filed in court on 27th March 2012 the Claiman alleged that he was wrongfully dismissed by the Respondent. 1st April 2011 which was April Fools Day the Claimant sent a prank text message to a colleague named Patricia to the effect that some Senior Managers of the Respondent had been picked by Kenya Anti Corruption Commission for questioning. On the same date a letter was written to him asking him to show cause why disciplinary action should not be taken against him for writing a message to members of staff of the Respondent insinuating that the Levy Manager Mr. Eden Odhiambo and the Procurement Manager Mr. Jospeh Ndung’u had been arrested by the Kenya anticorruption Commission as this was injurious to the reputation of the officers and the organization and constituted an offence under section 44(d) of the Employment Act 2007. The court later determined that the claimant had not intended any harm so he should be reinstated back to his post and compensation awarded. Court also found that the two managers had no such reputation that had been tainted and the fact that they were investigated by KACC was not in control of the claimant. The full case can be found here: http://kenyalaw.org/caselaw/cases/export/91716/pdf

This outcome might have favoured the complainant but it is my assumption that their work relationship was immensely affected. Or he was fired (throught right procedures this time) months after the whole court tussle cloud had settled. My point is, even as you try to prank someone tomorrow, be a bit discreet. Don’t go too far or you might end up on the dock. Accused persons side of the dock. The most common one is the ‘bucket on door prank’. where water (cold) is put in a bucket and strategically supported by a door. Once the intended target opens the door the contents is spilled on him/her. One must be sure that only the intended person will come through that door. Ensure the prankee can take a prank; not the type to beat the crap out of you! If you don’t have light buckets then this is not your prank year. Don’t leave your little brother with a concussion on my account. 

Short Leash on Bloggers

Usually the first thing that pops into mind tends to make a good story for most bloggers. Sharing what’s on your mind with the rest of the world is the primary goal. With the recent torch on bloggers and internet users, the online platform seems not to be a safe place to tread on. What was initially thought to be a captivating expression of opinion turns out to be a cause of action for power hungry and insecure people; or personal attacks on the writer by hateful web trolls. In the end you are left to question your end game and the reason for writing, innocent as the initial intention was. Blogging is continually growing in popularity. The reach of all these sites from anywhere at the click of a link and the influence on readers make bloggers a target for regulation.

The law isn't quite elaborate on regulating bloggers as it is on journalists who influence the public more than any other body. This leaves prosecutors grappling with what law to charge someone under for posting something that violates the complainant. After all one cannot be punished for an offence not prescribed under the law. The Media Council Act, 2013 is aimed at regulating Journalism. Interestingly, the Act infers to bloggers as journalists by virtue of their publication to the public of any written, audio, or video material and includes materials disseminated through the internet online. A line ought to be drawn between journalism and blogging. Journalists acquire educational training and are accredited by virtue of their training to practice. A blogger on the other hand is any person including a journalist, group of persons, corporate body or institution with a computer, knowledge and interest in a subject, and a will to communicate to anyone who’ll listen. Some do not know the first thing about what it entails to be a journalist.

Section 4 of the Media Council Act expresses that the Act shall apply media enterprises, journalists, media practitioners, foreign journalists accredited under the act and consumers of media services. Again, there’s the ambiguity. No mention of bloggers.  It further establishes a code of conduct under Section 33 and a platform for complaints (Section 27) to anyone aggrieved by any publication or by the conduct of any journalist or media enterprise. So, Is a food blogger to be held liable for a recipe she publishes and the consumer gets food poisoning after trying it? A topical blogger reprimanded for having a view different from those of an influential or powerful individual?

The code of conduct requires a person subject to the Act to write fair, accurate and unbiased stories on matters of public interest, nothing that otherwise falls short of factual accuracy and fairness. Such a provision will not rub off well with entertainment bloggers whose posts are mostly founded on rumors or half-baked facts to spur frenzy amongst fans.

The whole purpose of regulating blogging and social media is to crush the idea that the internet is separate from the concerns that have been attached to other previous media such as print & main stream media. Regulation of blogging and use of social media (especially users on Twitter and Facebook) emerges from the wake of continued cyber attacks, hate speech, posts that incite violence, degraded morality and care-free view that one cannot be held accountable for online publications. It is a progressive venture and states such as Germany and U.S have started by regulating adverts on blogs. The internet is with us to stay; soon there will be strict rules that regulate publications or comments that violate the rights of an individual or public interest. Hopefully such rules will not have any retrospective effects, or a many will find their necks under the guillotine.

The Thing About Resolutions

It is 2015, a new year and almost everyone in the world is psyched about what lies ahead. Some are just happy that it’s yet another year with opportunities to explore and better chance to make up for lost time in 2014. At the peak of high celebrations was the making of New Year resolutions; Plans or long term expectations to be achieved during the course of the year. The tradition of making these resolutions can be traced to as early as after the Great Depression when adults then started making plans to recover from the big financial flop.

While a good number of people go to a great extent of making clearer blue prints of what is intended to be achieved and actually go through with those plans, another greater majority is just lost in the frenzy of the moment. Excitement coupled with starting a new life phase keeps one so entrenched in living a blissful moment. A glimpse to hold on to before the spurge of obligations and responsibility of real life floods back. We are almost through with January; resolutions are already out the window as we’ve more or less resolved to waiting for next year. Come to think of it, the reasons why most people’s plans don’t come through may be attributed to the fact that New Year resolution bars are set too high, without putting to place clear mechanism of achieving them, and a recurring tendency of not accomplishing previous resolutions.

Money and habitual addictions is almost always at the center of it all making a list of the most broken New Year resolutions: stop spending and save, make more money, quit smoking/drinking, getting fit, eat better, donate to charity or do more volunteer work etc. Truth be told, the human mind is not that strong especially when it comes to doing away with things that make us comfortable. Once you fall off the wagon in accomplishing your plans, there might be no going back!

There is never any pressure on living up to the self-placed expectation because there is always a new day to make things right. So like new year resolutions, whatever world culture will arise in the future, the goal is to live in the moment, plan for the future as you wait for tomorrow. Do not worry about not achieving your set goals in January. You have long year ahead with  many more chances to live the life you deserve. That’s the thing about resolutions!