Post by miguna on Mar 18, 2007 23:19:46 GMT 3
ARE SOME KENYANS ARE MORE EQUAL THAN OTHERS?
By MIGUNA MIGUNA* - © 14 March 2007 (An edited version appears in Kenya Times, March 18, 2007). The piece was submitted to all 3 dailies and is being pursued. Intimidation, threats and brutalities will not stop us!)
By MIGUNA MIGUNA* - © 14 March 2007 (An edited version appears in Kenya Times, March 18, 2007). The piece was submitted to all 3 dailies and is being pursued. Intimidation, threats and brutalities will not stop us!)
In George Orwell’s The Animal Farm, a fictional country representing the Stalinist Soviet Union is gloriously described, with inequality and autocracy dramatically depicted as the norm, first under Mr. Jones of the Manor Farm, and later, following the revolution by the pigs, under Napoleon.
In this Orwellian satirical allegory, the pigs, led by Snowball, executed a revolution in “the farm” and overthrew Mr. Jones’ incompetent autocratic capitalism with the intention of freeing all the animals (pigs, humans and other animals) from servitude.
However, the result was that the new revolutionaries that replaced the old “ancient regime” turned out to be worse and more extreme in their abuses than Mr. Jones’ administration. Even though the pigs and other animals were the majority in The Farm; some animals became more equal than others. The new power barons (a few pigs) introduced repressive and authoritarian rule and lorded it over everyone, with puppies turning into vicious dogs.
Kenya has become that fictional country. And the Narc administration under president Kibaki may have assumed the position of the pigs in The Animal Farm who promised changes but ended up being more oppressive than the previous regime.
Why do I say this? Well, listen to this story from the leafy Runda estate in Nairobi.
On or about 19 February 2007, an unfortunate accident occurred in broad daylight at the gate of Runda Meadows estate, located right inside the main Runda Estate, just opposite the Runda Police Station. Many people witnessed what happened.
A vehicle knocked down a young man riding a bicycle along the road, inflicting very serious physical injuries to the latter. The vehicle was owned by Dr. Dan Gikonyo and Dr. Betty Gikonyo. It was being driven at the time by Dr. Betty Gikonyo.
Now, as you may have heard already, Dr. Dan Gikonyo is not an ordinary Kenyan. He is President Kibaki’s personal physician. Both the Gikonyos have a house in Runda, where the vehicle headed to after the accident.
The bicyclist, on the other hand, was just an ordinary Kenyan going about his business. Like many ordinary Kenyan bicyclists, he was not wearing a helmet or any protective gear at the time of the accident. And so, he sustained very serious injuries to his head, legs and body. These were very visible to anyone at the scene. One assumes that both Dr. Betty Gikonyo and her companions saw the young man’s wounds immediately after the accident.
Just opposite the gate where the accident took place is the Runda Police Station.
Yet, rather than report the matter to the Runda police station or wait for the police to attend at the scene of the accident, Dr. Betty Gikonyo and her companions left the scene of the accident and went home as if nothing had happened. This was not just mistake number one; it showed the arrogance of power. It also showed the impunity with which the new power barons strut around us.
Secondly, as a physician herself, Dr. Betty Gikonyo could have attended to the injured man. She could also (and should) have rushed him to the hospital for treatment. She chose not to do so.
In stead, Dr. Betty Gikonyo gave the injured man three hundred shillings to catch a Taxi to a dispensary in Kiambu. She then drove off to her Runda mansion, leaving the man writhing in pain and dazed, alone on the road.
Eventually, witnesses and well-wishers took the young man to a dispensary in Kiambu where his wounds were treated. He was admitted at the dispensary for more than two days.
Witnesses promptly reported this matter to the police and gave accurate descriptions of what had occurred, including specific details of the vehicle registration numbers, the driver and the car’s occupants. The vehicle was traced to the Gikonyo residence in Runda. Predictably, the police became disinterested in the case.
Upon being released from the dispensary, the man’s relatives attended at the Runda police station and sought to have a P3 Form issued. They intended to take further action – criminal or civil – in order to address this obvious injustice.
That’s when the pig mentality that has infested Kenya surfaced. The injured man’s relatives were rudely told by the Runda police that they were out of lack because the person who knocked the young man down was the President’s physician. The police then refused to issue the P3 Form, blaming the injured man, for having been in the wrong. This was done despite the many witnesses who saw what had occurred and notwithstanding the fact that the police were not present when the accident occurred and had not conducted a thorough investigation of the same. In fact, it is reported that the police officers and Dr. Betty Gikonyo went out for tea before returning together to announce that a P3 Form would not be issued to the innocent victim of the accident.
The lawyer that the young man subsequently approached to take over the case also chickened out with the lame excuse that he could do nothing without a P3 Form. It has become a vicious circle; a circus.
Clearly, a P3 Form should not be a requirement for any aggrieved party seeking legal redress. Not only was the police supposed to investigate and determine the culpability of the Gikonyos (without regard to their positions in society) in this accident; they were not supposed to refuse to issue a P3 Form to the injured man because of the position held by the Gikonyos.
My understanding is that a P3 Form only confirms an occurrence and not who is guilty, innocent or liable for any particular incident. Guilt, innocence or liability is determined by the courts.
In this case – like with many other cases in Kenya – police officers act as if their only responsibility is to the rich and powerful in our society. Although ordinary Kenyans pay taxes; they do not generally obtain any benefits out of their contributions.
This unfortunate young man (Onyango Elisha is his name) ought to be able to pursue a case – civil or criminal – against the Gikonyos.
Ethically, Dr. Betty Gikonyo’s Hippocratic Oath should have compelled her to attend to Onyango before considering her place, influence, power or privilege in society. The Hippocratic Oath requires that all physicians shall never harm anyone and that each swears to keep the sick from harm and injustice. According to the Hippocratic Oath, treating the ill, protecting everyone from harm and injustice, and saving life are the primary function of a physician.
As such, immediately after the accident, Dr. Betty Gikonyo should have been on her knees trying to save Onyango’s life. Driving off to her home and leaving the seriously injured man on the road was inhumane, callous and irresponsible.
To date, the police have not issued a P3 Form to Onyango. They have refused to complete their investigation of the accident. The Gikonyos have not contributed a cent towards Onyango’s medical and physiotherapy expenses, not to mention compensation for the harm suffered.
To add insult to injury, a lawyer acting for the Gikonyos has sent a letter to Onyango, stating that the Gikonyos were not responsible for what happened to him. I suspect that the Gikonyos would rather spend their millions on this lawyer than show humility towards the injured man.
The Gikonyos have an interest at the ultra modern swanky hospital in Karen, Nairobi, where Onyango could have been treated. They could and should have taken the injured man there for treatment, unless, of course, we are being told that this young man’s life is worth less than the wadosi being cared for there.
We also hope that the Gikonyos had valid comprehensive insurance for the vehicle involved. As such, there is no reason or justification why the insurance company should not compensate Onyango for pain, suffering, inconvenience and costs involved in his treatment.
If you reverse the situation, it is not very difficult to imagine where Onyango would be right now. We should recall many months ago when a matatu driver who had the misfortune of accidentally ramming into Minister of Education, Prof George Saitoti’s vehicle ended up being sent prematurely to the cemetery.
The fact that the young man is being denied access to justice is a betrayal of the Narc dream and demonstrates that some Kenyans are more equal than others. It is a travesty of justice and should be addressed pronto by all those concerned.
I know all these facts because the young man is my nephew and lives at my house, number 486, Runda Meadows, Nairobi. He can be reached at 0721-294-668.
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*The writer is a Barrister & Solicitor in Toronto, Canada
Miguna@migunamiguna.com
