Judiciary: Nobody wins turf wars

Former Chief registrar of the Judiciary Glady's Boss Shollei addressing a press conference at Intercon Hotel.Philip kamakya
Former Chief registrar of the Judiciary Glady's Boss Shollei addressing a press conference at Intercon Hotel.Philip kamakya

There is an issue that worries me, the issue of turf wars. Google says, a turf war is a bitter struggle for territory, power, control or rights. The phrase originated from American West where cow herders and sheep herders fought over grazing land.

I am worried that in Kenya, we have too many turf wars most of which are unnecessary. When I was in civil society, I never understood turf wars on issues of children, women etc. One NGO cannot do all the work involving women or all the work targetting. In politics and in Parliament it is the same thing, everybody has a turf they guard.

We have so much work even if we all worked there would be enough territory for all of us to cover and shine. Sometimes if somebody else can do the work better than ourselves we should let them. We need to avoid turf wars so that we can make progress as a country.

If you look closely at the issue of Gladys Shollei, the JSC and the Chief Justice, you find a lot of turf wars. Turf wars are largely selfish in nature and very egoistic. It is the belief that public service can be arrogated to an individual. It is time we all appreciated that public service is a privilege to serve ‘wanjiku’ not own her or any part of her.

In Kenya, one becomes a chairman and instead of being a transformative leader taking the group to higher heights, the chairman owns the initiative. It starts and ends with him and in many cases, business cannot be transacted in his absence.

In some areas it comes off as patriarchy where we have strong males in leadership but in many instances it is nothing but turf wars. Those who engage in turf wars even forget that man is mortal. You can die today and leave that chairmanship.

We are not in control of how many years we will live on this earth our good Lord is in control. We are advised to live everyday as if it is our last. Seeing that man is mortal, there is no need to hold onto positions and earthly possessions with such a tight grip.

We are in a country where the real experts of turf wars do not even go on leave. You find a man or woman in a government office who has not gone on leave for the last 10 years! Pray how do they re-charge. It is important to go on leave.

The Employment Act provides every employee with a right to paid leave of 21 days. It is time when one should sit, relax, enjoy and reflect. It is time to spend with family and children and check their homework books and report forms. For some of these people who never go on leave, it is not surprising to note their families do not thrive. Even as we engage in turf wars, let us take time out on leave. That office you love so much will continue to be even long after you are gone.

We are advised that nobody on their bed regrets that they are leaving their work. People regret that they are leaving their loved ones who they never get to spend time with. Let us avoid turf wars and proceed to take leave.

The New Constitution in its own way tried to address this matter. We will never have a situation where a President loves his job so much and the turf that he hangs on longer than 10 years. The Constitution provides a term limit for most of the positions. Every public and state officer has a chance to make a legacy during the period that they serve.

The Constitution creates for separation of powers and checks and balances. The turfs are clearly demarcated. But the Constitution went further to declare that you hold public office in trust for the citizens. In chapter six of the Constitution, there are details of how one should conduct themselves in public office; holding the office in the highest dignity.

The Constitution frowns upon turf wars. Public office is not anybody’s turf. You hold office at the pleasure of the citizens and in order to serve them.

We should uphold constitutional principles in our work to avoid unnecessary turf wars. No office and no ministry belongs to an individual. These are public offices and once the public is no longer happy with your service, instead of engaging in turf wars, you should vacate.

As we discuss this issue of turf wars, we should also consider allowing other people who can do the work better than ourselves to proceed. Nobody is indispensable; nobody is a know it all.

Allowing other people to enrich a process or functionality of an office is not in any way to cede territory or authority. There is so much work in Kenya requiring many hands. There is so much territory to be covered and acquired. There is no chance we can finish the work. In the civil society, I get amused when a women rights NGO decides to make women their turf.

Only organization X can deal with women issues. Surely can one organisation handle all the matters pertaining to women in Kenya? The same applies to the youth or children or even complex areas like law and governance.

In politics and Parliament, there are many turf wars. In political [parties for instance that we need to continue strengthening, there is so much work and so much space that there is no need to engage in turf wars.

In Bunge ,there is so much legislative work that the question of turf wars should not arise. We should deal with Kenyan issues and finding solutions without wondering whose turf is banking, insurance, gender, crime etc. All leaders should discourage turf wars and encourage people to get on with the tasks at hand.

If we avoid turf wars we will make progress as a country and achieve vision 2030. If we keep to fighting turf wars, we will remain under-developed.

Some turf wars happen because of the rewards that come with the turf, like corruption. We should avoid this. Our country is far too precious for unnecessary turf wars. There is enough territory for all of us.

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