Public interest as a legal relationship

the state may not exist without the people

the people of Kenya may not exist without the state

what relationship should the two parties have

how do we do away with the issue of binaries

but set out the relationality of legal relations.

public interest or public policy 

public participation what does this really entail?

it is not a balance of interests on scales

it is recognition of relationship between 

the state and the people

as opposed to where the one interest (public/private) 

trumps the interests of  public or private.

public interest is the legal relationship 

between the state and the people

while private interest is the legal relationship

between the people in the state

both of these relationships are not competing

but working towards the betterment of the country

they are indeed relational and complementary.

 In the name of  peace and security

in the name of democracy,

in the name of the state,

in the name of good relations

or democracy the two legal relationships 

ought to complement each other

to achieve these constitutional values.

an all season jacaranda trees flowering

 As  we seem to come to a close of october

and welcome a new month of november 

I have a specific intention

that is framed as a petition.

A petition that jacaranda trees could 

blossom all year and in every season

but such a petition seems out of this world

because jacaranda trees are seasonal.

but my petition is based on faith

not necessarily what is on earth

it is a petition to an omnipotent order

which is not bound by time and space order.

therefore even when my petition may be likened

to a fairy tale such petitions have been hearkened

in the past and will continue in the future

to cause, in human existence, a rupture.

You know in this fairy tale 

 for an all season jacaranda trees flowering

 I have been making requests by myself 

I would want to make requests with yourself.

"you will be married using our traditions/culture!"

 "you will be married using our traditions/culture!" 

exclaims my father, mother, uncles, aunts, brothers, sisters

  partner, spouse, society, church, 

professional associations

the exclamation continues

ladies, Gents, young men, eat a specific part of meat,

they should drink a specific type of drink.

but I wounder what happens if I eat ribs

meant for a certain age group?

what will or not happen if

I throw a walking stick 

in memory of my father into his grave.

They tell me this must at all time be avoided

because of fear of the unknown 

if something is done or not done.

to some this is their encounter 

and as such definition of culture.

but culture ought to

 make people to feel appreciated, 

happy, eat together

have sense of belonging,

get to know each other,

have joy in the encounter,

appreciate diversity cultures

such as naming systems.

the fear of the unknown is based

on certain beliefs that culture is static

but there are numerous nuances

demonstrating dynamism of culture

 brought about by many human relations such as

 marriage between spouses from different cultures

 or different countries, or different religions

or different classes, or even different anything

that exclamation is sometimes

couched as advise from families members

advise from church members

but in the face of many dehumanizing practices

the role of the said adviser is watered down 

in place of extracting any gain

made by human beings.

advise that is in a fire place

 as opposed to hierarchical systems 

which is given authority by

the fear of the unknown.

in the current dispensation

fireside chats no longer tell us 

why something was done and

 why it may not work presently.

fireside chats are longer metaphors for

 transfer of wisdom

 but at the heart of them are transactions

what values have we infused into culture

what do our archives tell us

how can we re-imagine new forms and ways

for instance, can we give new meaning to 

four ululations 

and five ululations

based on the social cultural context

guided by the basis of the distinctions.

due to migrations cultures 

have continued to interact and learn from each other

we have technology that either assists us in determining culture

we are called upon to used reason

 to determine the future

in a creative way

based on the concept of love

conviviality, mutuality

solidarity.

The Twelve classes

the twelve classes 

 will be addressed using a theme(example)

to give the topic more focus

historically and into the future

one (1) class

three cases exemplifying different perspectives

from themes identified in

various risks reports (global, regional, country)

and look at organizations in a country that address

the highlighted challenges

three (3) classes

deconstruction process

identify the causes genealogy, biases, and the effects

as well as identifying regulatory tools and principles used

highlight shortcoming- monopoly of the state

dualism and dialectics

which are based on

primarily one archive 

(colonial library)(characterized by migrated archives)

such as data, A.I

 without identifying biases

which have lead to continued dehumanization

loss of dignity

four (4) classes

identify potential in Africa/Kenya

propose ways of resolving the risks

using legal tools

from other archives 

recycling, reuse, regenerative,

non-completeness

use creativity and reason

with a view to achieve planetary humanism

three (3) classes

conclusion and

summation of the arguments

one (1) class

choice of where (community/culture) to belong or not belong

what happens to a person's choice to

either belong in a certain community or not?

does a person's birth in a certain community

necessarily bind their existence in the same community

if certain practices in a community render a 

person to feel their human rights have been abrogated? 

Do they have a right to choose 

where (community/culture) to belong or not belong?

cultural practices are created by human beings

but the dignity of a human being is innate and inviolable  

as such a person can decide where to belong

but may not decide to abrogate their beingness in the world

which is inherent in their 

constitutiveness as human beings.

pluriversality of influences

 traditions do not mean return to the old

it is a recognition of the pluriversality 

of various human beings influences in their interactions 

within this temporal and spatial order.

within this pluriversality of influences

human beings also interact with other beings 

as well as non living things

within the planetary temporal and spatial order.

indeed some human interactions have lead to 

numerous unspeakable injustices

in which many traumatic experiences abound.

in this circumstances how do we heal

ourselves and the world.

it is by learning from history but 

addressing ourselves to the missteps 

that were undertaken but lead to injustices.

it also involves awareness of numerous tools

at our disposal including technology

despite is biasness and numerous challenges

that we may use to address the injustices.

this includes our context as late commers into the 

developmental and computational world

we need not compete with other countries

we ought to learn from their mistakes

and use the lessons to jettison ourselves 

into the future which is filled with justice.

the merely convenient ideology of tribalism

 many stories about tribe are merely

social constructions society has used

anthropologically and philosophically 

to achieve various ends 

some which are good 

some which are detrimental

to well being of human beings 

alongside other living and non-living things.

Indeed biologically there is no

necessary distinction between 

one "tribe" and another "tribe"

the distinctions are merely convenient

but social constructs have made 

tags of convenience seem so necessary.

the effect of these merely convenient distinctions

among human beings have been used

to dehumanize human beings 

rendering their so called ethnic identities

determinants of their necessary planetary existence 

in ways that affect their

social, economic, technological

political, spiritual, and environmental well being.

need to re-examine social constructs called

tribes and or ethnicities

in order to repair 

and re-member the fragments

of our planetary humanism

that has been seemingly necessarily

put asunder conveniently by 

the ideology of tribalism as

Archie Mafeje argues.