Wednesday 24 July 2013

AFTER LAW SCHOOL


It has always been my dream to become a Lawyer. Well, not really, when my pre-primary teacher asked me what I would be when I grew up, I probably said a teacher. That was because the most loaded person I knew in my village was a teacher (I still think I would enjoy teaching).Or I might have said a pilot. I loved the skies, I still do, not that I had flown by then, but given how elated we would get whenever there was a plane flying over our heads, I guessed whoever was flying that thing must be having a lot of fun. You see at that age, the only ingredient I was looking for in a career was how much fun I could have.  Anyway, I really don’t  remember what I told my nursery school teacher.

Later, I discovered I really enjoyed controversy. Each time I had a conversation and someone took a certain view on an issue I would automatically assume a different view just for argument sake. I would really defend whatever position I momentarily held. This would sometimes really piss off my siblings, probably  because most times, they knew what I really stood for (I am grown now, I don't engage in fruitless arguments,I choose my battles). In class I really fancied English, sarcasm  and I specially enjoyed mooting. And there it hit me; a career in law was my calling.

So there I began my journey. I still remember one of my first classes; One Mr. Oduor asked us, “What is law?” “I pretty elementary question that is” I thought. I had always thought of Law as being a bunch of rules and regulations which if one disobeyed there were consequences. The law stated both the rule and the consequence. And there I raised my hand, and as eloquently and confidently as I could, enunciated the above words. Mr. Oduor gave me that encouraging look, “I forgive you, you are a First Year.”   

Subsequently, I learnt that the definition of law is so broad that even the greatest law scholars do not really agree on an universal definition of  law. In fact one, Thurman Arnold didn't think the law can ever be defined.  But my most interesting guy is W.H Auden, he says “Law says the judge, as he looks down his nose, speaking clearly and most severely, Law is as I've told you before, Law is as you know I suppose, law is but let me explain it once more, Law is The Law”
Deep, I know right?

Okey, Okey, I will let you know where I am going with this. One of my great professors at Law School taught as that, if we were to make successful lawyers, we also needed to inter alia indulge in reading the Bible. I remember reading this verse twice, once in Jeremiah and again in Hebrews. And God said “I will put my laws in their minds and write it on their hearts. I will be their God and they will be my people.”

Prior to joining Law school my scrape with this verse was my starved definition of what law is. My understanding of these two verses was that, God being a Superior Being would write a bunch of rules and regulations accompanied by consequences of non compliance with the ultimate punishment being a penalty of death or life imprisonment in Hell or both. And that every time we obeyed him, we made him really happy.

Later, as I spent more years at Law School studying the various fields of law. My understanding of what law is, really broadened.  I cannot claim to define law. Law touches on every field imaginable. Environment, business, property ownership, personal life such as family,marriage et cetera. The law also carries several components; systems of social norms on which laws are based, a group empowered to enforce the laws, a legitimate system of enforcement,a system of interpreting the law and so on.  

Therefore when God said, “I will put my laws in their minds and write it on their hearts…”we have to look at this law holistically. See, the law is a set of rules and regulations true, but that is only one component of it, the law bares rights and obligations we owe to other people, animals, our environment etc. The law provides for fundamental rights and freedoms we are entitled to, and the law also provides rights and obligations owed to us by other people, institutions, government etc.

In the same view, when God conveys that, he will put His Laws in our minds and write them in our hearts, He  not only daily reminds us that in his Kingdom, there are rules and that sin( disobedience) has consequences, but also that we have an obligation towards other people and the environment. We are entitled to certain Fundamental Rights and Freedoms. This Law provides for the rights and obligations owed to us by God himself. In psalms, God promises to protect us, in Isaiah, God promises to heal us, in John 3:16 he promises to LOVE us. He makes loads of promises to us through Abraham our forefather.

Assuming that the Kingdom of God is a society in which God is the king and we are the citizens, an except of  Chapter Four of our Constitution would be probably read something like this:


The Bill of Rights applies to all law and binds all State organs and all persons.
 Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom
God  and all citizens have the duty to address the needs of vulnerable groups within society, including orphans, children, widows, older members of society
a)       Every person has the right to life.
b)      The life of a person begins before conception (God declares that, He knew us before we were born)
c)      Every person is equal before God and has a right to equal protection and benefit of the law.
d)       Every person has a right to be loved by God,
e)       Every person has a right to a new beginning.
f)        Every person has a right to own property, self actualization and security.
g)       Every person has the right to health.
h)       A person shall not be held in slavery or servitude (no satanic, sijui witchcraft bondages)
i)         Every person has a right to access information (access to God) and correction or deletion of untrue or misleading information that affects the person (remember the prayer of Jabez?)
j)        A right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable before God and  based on His Love towards us, human dignity, equality and freedom.

I am sure you get the drift by now. In putting the laws in our minds and writing them in our hearts. God then affirms his commitment to love us,to chasten us, to keep the promises He has made to us. On the other hand we have certain obligations towards ourselves, each other, our environment and God. Next time we are tempted to think getting saved is engaging in a life of rules and regulations, I pray that this Article shall remind us of what a life we have in Him. Let's think about it this way, His law, is in our best interest. 

So, after Law school, I can confidently tell you that,Law is as I've told you before, Law is as you know I suppose, law is but let me explain it once more, Law is The Law.”