Hamjambo,
The other day I was in a matatu reading a novel and a policeman on his way home entered, greeted me and then told me I was *breaking the Law by reading inside a moving vehicle*… Laughed aloud at this as I told him the little Law I know tells me that if I was walking whilst reading, then he could hold and charge me. Plus I was not in the drivers’ seat so as to be blamed for an accident due to lack of concentration. Dismissed him as I thought he just wanted to speak to someone after a long day at work. *Could he have been stating a fact?*
Where can I read through some of these bylaws just for knowledge sake since ignorance is not a defence? At least the Town Clerk warns people against sitting on the flower pots and has finally placed benches in strategic areas to rest our limbs. Kudos to the NCC!!!
I know that if am walking in the vicinity of a Chief’s office at about 6pm and I hear a whistle and don’t stand at *attention*, I will be hauled into the AP’s 10X10 till they deem fit to educate me on why I should respect the flag as it is being brought down.
Good Day!!!
Regards,
Arnette
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Date: Mon, 28 Apr 2008 13:33:55 +0300
From: Arnette Wambaire
Subject: Is it really a crime?
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Where are the Lawyers? This is not a joke, it happened. We need enlightenment because am sure there are some by-laws that only apply to the 1900’s when mules were the means of conveyance. As we fight for a new Constitution, by-laws must also be modernised.
Cyprian; Ekuru and all the Civil Society activists, what say ye on this supposed crime?
Help us…..
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Date: Mon, 28 Apr 2008 16:30:44 +0300
From: Arnette Wambaire
Subject: Re: Is it really a crime?
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There is no such law. The policeman wanted a word or two with you is all.
Al Kags
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Date: Mon, 28 Apr 2008 16:42:17 +0300
From: Al Kags
Subject: Re: Is it really a crime?
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Compatriots,
When the Constitution Review Commission of Kenya started its work a couple of years ago, one constitutional scholar argued that the problem we have may not be a broken constitution, but constitutionality in Kenya. In other words, he argued, we may have good laws on the books which are unknown, ignored or misused.
I once saw a collection of old laws from various states of the US which were no longer applied, but still on the books. In one state it was illegal to walk backwards, in another it was wrong to whistle at certain times of the day, in another it was only illegal for a husband to beat a wife if he beat her for so long… etc. In our own country and for good reason, Nairobi City Council, for example, prohibits sign boards larger than a certain size (very small by the way). As far as I remember, this bylaw has not been repealed, but look at the gigantic billboards that adorn Kenyan roadsides now. Technically, all these are illegal and if authorities wanted, they’d bring them down legally, but can you imagine the outcry?
My point is that there are many outrageous and outmoded laws on the books in many countries, so old and outmoded that a lot of times people don’t know that they exist. It is entirely possible that there is an old and outmoded law somewhere that prohibits reading on a moving vehicle.
AM
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Date: Mon, 28 Apr 2008 13:45:11 EDT
From: Angaluki@ . . .
Subject: Re: Is it really a crime?
Hey Sister,
From what I read about your post, it sounds like some policeman was trying to pull a fast one on you to start a conversation with you. Problem is if he is not particularlt good looking and did not appeal to your taste, he should not have tried to use the law to subjugate you into submission. You know how the old adage goes: “been thre, done that!” or “It’s not my first trip to the rodeo”. Stand your ground sis and let them know you are in the know. Always follow your first instinct like your parents taught you. They did not have any reason to mislead you as they were not looking for far fetched benefits as this policeman seemed to be seeking. On a lighter note, and from a stranger that has never met you, here is my advice. If it looks like bull*& #, smaells like bull*& #, then it probably is bull*& # and treat is as such. Keep your head high and hold your neck straight. You probably know more about the law with your lack of absolute command of the same than that bull*& #ter
My two cents worth.