Bill Overview: Dropping out of school may no longer be an option for child parents

Will this proposed law put to rest the issue of girls dropping out of schools due to early pregnancy?

1      Where a child falls pregnant or a teacher or person in authority within the school has reason to believe that child may be pregnant, the matter shall be referred to the principal of the institution. The principal shall refer the child to a medical institution for medical examination and such other examination as may be necessary to determine the status of the child.

2     The school shall provide the necessary counselling services to the pregnant child and to her parents or guardians regarding management of the pregnancy, the provision of support services to the child and the parents to ensure the child’s emotional stability and well-being of the child during and after her delivery and the importance of continuing with her education

3      Every girl who falls pregnant and drops out of school or is of school going age but falls pregnant while out of school will have the right to be re-admitted of enrolled into an institution of basic education. She will also have the right to REMAIN in school and receive the necessary support to continue her education and participate FULLY during their pregnancy or as a parent student. A one-year maternity leave is also proposed, thereafter the child will have to produce a medical report declaring fitness to resume studies.

These provision are the ones that stand out most in the Care and Protection of Child and Parents Bill (2016). The apparent rise of early pregnancies in our society has seen many girls drop out of school. A lot of stigma and shame usually follows the girl throughout. It may be considered a taboo to have a bun in the oven when in school. The administration is usually quick and unhinged in sending girls packing. These girls will be used as bad examples of how ‘decent ladies’ should not behave up until a new batch of girls are found expectant, then the cycle is refreshed. It might be too early to bet on the November 02/16 Bill being passed into law. This is because it seemingly puts too much responsibility on the institution as pertains to how a child’s early pregnancy should be handled. The government also doesn’t assume a very active role other than formulating policies. It has been said time and again that most parents have made school administrators their co-parents, so, in as much as the child needs to be protected during this time, the guardian or parent has to have a primary role as well.

The main aspect to take home from this Bill being passed is that young girls will no longer be denied access to education merely because they are pregnant. I remember candidates in boarding schools expecting (no pun intended) to sit national exams were forced to leave school and required to make arrangements on how they were to complete their exam. When coming to sit the exams, other students would literally stop in their tracks to watch them make an entry into the school compound. The long walkway that led to the classes did little lessen this tension. Some students with no shame at all would point right at their colleague’s belly and gasp in awe. One would think that something completely unnatural happened.  Having the student become part of the school program would really help her and the rest to be mentally resilient and enable the girl concentrate on her education. 

The bill also provides that no girl will be compelled to undergo any medical examination where she refuses to do so [Sec 10(3)]. How I wish something like this existed during my time in school. Every girl who has gone through the typical 8-4-4 system must have experienced that “special” day when the entire student body (In an all-girls school) would be tested. 

When I say tested, I don’t mean the usual pee-in-a-cup-pour-on-a-stick method. It was all manual. Done by the school nurse. The physical and stomach presses lasted only a few minutes but was uncomfortable as hell. I asked around and it is still being done in schools around the country despite there being a huge margin of error, when applying this method. The catch to not undergoing an examination is that the institution will not be held liable for any consequences that results from the failure by the child to undergo the same. Sounds fair?

There’s also the issue of parents/guardians wanting nothing to do with the girl. To address this, the bill proposes that a parent or guardian will not be discharged from their responsibilities regarding the pregnant child and will collaborate with the institution for basic education in supporting and monitoring the health of the child. It might take some time before some of the provisions of this bill are divested into society, if at all it is passed.

Here’s a run-down of its provisions.

·         It not only gives an expectant girl child but also child parents an opportunity to access basic education. A child under the bill to be one under 20 years old.

·         A child will continue her studies even after it is determined that she is pregnant. Be allowed to make up for missed classes etc.

·         A child will not undergo medical examinations against her will.

·         The institution of basic education (IBE) will handle the pregnancy of a child with confidentially.

·         Any information about the status of the child will not be divulged to a parent or guardian by the IBE without consent of the child.

·     Parents/guardian will collaborate with the IBE in supporting and monitoring the healthcare of the child, and ensure she continues with her education

·        Before returning to school, it is to be ensured that the child is fit to resume her studies and the welfare of the newborn baby is also safeguarded.

·         Responsibility of a parent/guardian will not be discharged by reason of a child’s pregnancy.

·        The National & county government will formulate policies for re-admission, and prevention of drop-outs.

·      The child will resume her studies where she left off, and is not to be discriminated against, or excluded from interacting with her peers or engage in activities that form part of the school program.

·      Refusal to re-admit a child amounts to an offence liable to a fine not exceeding Ksh. 500,000 or imprisonment of not more than six months or both.

·       The Bill also proposes establishment of care centers for children younger than 3 years of age. The county government is to oversee and facilitate the care centers’ establishment, registration, licensing, inspection etc.

Implications of Brexit

By now, the dust on the internationally watched vote by Britain to exit the Europen Union (Brexit) has settled. Views & Woes have been made, resignations rendered and protests erupted then gradually abated. What remains is to examine its means for the modern world as we know it and whether UK will initiate the withdrawal process. After the vote, there was immediate pressure from the President of the European Council Jean-Claude Juncker, that it is in the best interest of UK that they finalize on the exit immediately.

It is worth noting that the referendum was non-binding and merely advisory. This is essentially what was claimed by the 48% that voted to stay. Essentially, the UK still has an option of staying in the union. It would however seem like a complete waste of process and resources to ignore the need of the vast majority. The 52% voters who want the exit effected.

The European Union much like the East African community was established to facilitate free trade, free movement and good relations among European States. Before this, different sates had different policies that impeded their relations with each other. The goal of the Union was to harmonize laws in order to reduce such conflict.  Cooperation developed to the extent that there is a common currency (Euros) for members of the union. Being in such an arrangement meant that members shoulder gain and loses at equal footing. Richer states would be disadvantaged. For example, if that was the same arrangement in EAC region was hit by a recession, Kenya, which is seemingly the powerhouse of the region, will suffer more than the others.

Britain joined the European Economic Community on 1 January 1973, along with Denmark and Ireland.

In as much as this was beneficial to the UK, it brought about a set of problems. It for example, started struggling with immigration. Since its join, people flocked the state in search of greener pastures which saw to a rapid population increase. The current influx of migrants from war torn Middle East also does little to salvage the situation UK might have thought it was in. Country A, say, is being coerced to allow migrants in the thousands. Country B which is watching, knows that its turn is approaching once A is filled to capacity. So, what does B do? It leaves the Union to prevent those future obligations.

Was this Britain's notion of  being in the EU..?? You judge!

This is not a conclusion that Europe’s immigrant crisis might have triggered Brexit. Britain might have thought that being in the EU does it more harm than good. In 2015 the decision to exit the union was first brought.

Now that there is a majority vote to leave the EU, the world is watching for the initiation of due process to formally withdraw. Article 50 of the Treaty of the European Union (which by now, must be the most read article worldwide) summarily provides that:

"Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements". Although it calls for a negotiated withdrawal between the seceding state and the rest of the EU, if no agreement is reached two years after the seceding state announced its intention to leave, it would cease to be subject to the treaties anyway (thus ensuring a right to unilateral withdrawal). Britain, known for having an unwritten constitution clearly did not have to struggle on choice of appropriate means to exit. So, if Article 50 is invoked today, the process might be concluded in 2019. Unless Britain decides to stay and stops holding the rest of the union by the throat, then anytime (be it in months or a year’s time) they decide to formally withdraw; then, their relation with EU will be running on a 2year timer.

Since the referendum was conducted, protests have arisen from pro-stay Brits condemning the exit. It is not yet clear what long-term implications Brexit has but the EU Treaty guarantees the continuity of rights and obligations of the European citizens belonging to a new state arising from the democratic secession of a European Union member state. It is however, highly unlikely that those who voted against Brexix would want to form their own state and remain under the wings of EU. Highly Unlikely! Additionally, Brexit could remove rights enshrined in the EU treaties - unless the UK agreed to keep them under a new settlement with the EU.

If at the end of the line, Britain decides that the exit was a terrible idea and it wants in again, it will have to apply to join like any new state. This is also a fathomable prediction given that most young people voted to stay. Statics show, most elderly people voted to exit. It may then lie on the young people to bring it back (decades later) in case the exit is finalized. Presently, knowing that historically, Britain doesn’t stay in one place at a time for too long, we might just live to see the BREXIT come to pass!

 

Please take us back.. we did not mean to BREXIT :(

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!