Friday, October 24, 2014

Courts must be sensitive to the protection of the family and marriage

By LUIS FRANCESCHI
More by this Author
Institutions are the backbone of society. When they collapse, society follows. The collapse may happen little by little but if the shock is sudden, so is the fall.
This week we are witnessing an institution in danger of breakdown, due to bad legislation. This institution is the family.
The family institution has traditionally been, or should have been, the cradle of human values. These values translate into behavioural attitudes at school, work and social life. A good family upbringing develops the right attitude for growth in aptitude.
This week I have had the opportunity to travel a few thousand miles for professional reasons.
Travel is terribly exciting when one is a child and a breathtaking adventure during adolescence. It becomes business as usual when one becomes a professional and a lamentable, sacrificial undertaking in old age.
THE KEEN OBSERVER
The keen observer usually takes advantage of travelling to gather valuable experiences. Travelling provides time to observe, to discover and to learn.
Whatever the reason, travelling always sheds new lights to my life experience. While appreciating that generalisations are limited, travel always brings the traveller into contact with fellow travellers, each with peculiar habits.
I am talking of those tourists, some from China, who view all sites through the lens of their impressive cameras. Each moment and object is captured – dustbins, doors, birds, planes, cars, airports, trees and tyres.
They seem to want to capture the world in their tiny cameras while perhaps forgetting that the human eye and memory are far more incisive in their capture of reality.
SELFIE WITHOUT STRETCHING
I wonder if they will ever get the time to watch so many hours of recorded material.
I often suspect that sometimes they are not doing tourism but simply working; capturing objects that will be copied when they go back home, then improved and sold at a cheaper price.
Unlike the Chinese camera lovers, another group of travellers also stand out. They are "young" and they see the world with them in the centre, in a "selfie". All is captured as part of the selfie often requiring tremendous stretching and bending of limbs.
All selfie lovers will be happy to know that Chinese innovators have designed a camera stick that allows short-limbed selfie lovers to take a good and comprehensive selfie without stretching their limbs to the point of pain.
AMERICAN HONESTY
One of the most important observations any visitor to America will make is that the average person there has a deep sense of honesty that is really commendable.
In the United States there are many stores with no cashiers, many fast-food joints where you serve your own soda, and car rental offices where you are told to choose your own car in the parking lot and find the keys in the ignition.
I was never screened or searched by anyone, except at the airport. There are no police checks on any road, but if you speed, you will surely get caught.
The streets are safe, the roads are in perfect shape, the road signs are clear, and people often leave their car doors open.
There are a thousand ways to cheat and have a free soda, a free meal, a free computer or a free car in the US, but when the thief is caught, he or she will be in deep trouble; their lives will be practically over.
EVERYONE ON THEIR OWN
Such acts result in loss of credibility, and in the US nobody can function without a credit facility. Americans value social honesty, and there is no doubt that this makes their country function better.
I was sharing these positive experiences with Samuel Ngure and his wife Janet Kemboi at a café in Ithaca, New York. Sam and Janet are brilliant young professionals undertaking postgraduate courses at Cornell University.
At some point Janet told me, “It all seems to work in the US, but there is something essential that is not working here; the family. Everyone seems to be on their own. Broken families and shattered promises are too common.”
Janet is right. America is a land of deep social contrasts. Honesty makes them sustainable today, but this same honesty may be jeopardised by the broken social fabric of tomorrow. This is already happening in some Dutch cities like Amsterdam.
Too much focus on the social values that protect the economy has led to a situation where stealing money or cheating or breaking traffic rules or lying become the only true evils in the eyes of society.
In the process, there is a danger of forgetting to look into other important aspects and as a result, the social structure of society starts to take a beating.
HONESTY NEEDS FAMILY
For several years now, marriage has been on the receiving end. It has been beaten again and again, on radio and in television shows.
Fidelity, which used to be a virtue, seems to have become an old-fashioned concept, for the abnormal. This beating will turn our society into an unsustainable man-eat-man society.
The High Court yesterday suspended the application of the November 1, 2014 deadline that required members of the clergy to obtain registration before presiding over weddings.
The actual union of the marital bond is stronger than the administrative procedure for registration. In this case the court is averting the realisation of illegal weddings due to logistical problems regarding registration and certain charges imposed on certificate issuance.
The courts acted in a reasonable manner, though the deadline will still apply sooner or later.
Courts must be very sensitive to the protection of family and marriage. We are still in time to reverse the ugly trend of broken societies. Sure, they all have a reason to justify breaking apart, but they survive thanks to their back-up systems: a sense of duty and general social honesty.
In Kenya we have failed the honesty test and everyone is suspicious of everyone else. The late Njenga Karume once told me that in the old days, newspaper vendors in Nairobi used to leave newspapers unattended with a hat on many street corners in the CBD.
In the evening they would go back and collect the unsold papers and the money paid. It all added up, for people would get the paper, pay the exact amount and, if necessary, get the change from the hat.
CONTEXT FOR FAMILY LAW
Today, if a vendor were to try this system he would sadly find no papers, no money and no hat at the end of the day. We have lost honesty. We cannot fail and also lose the family test.
America has honesty with a limping family. We have lost honesty, and we will be in trouble if we lose the family.
It is important for our legislators to become aware that we should contextualise family legislation to protect the family, and in a special way, protect the rights of women as the pillar and foundation of unity in the Kenyan family.
God help us if we lose the family!

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