What is wrong with Kabushenga?

On Wednesday, November 8, I read an advert in the Daily Monitor inviting members of the public to attend a lecture to be delivered by Dr Willy Mutunga, the former Chief Justice of Kenya.

As I had known him for a long time and I have been the architect of the structure and independence of Kenya’s judiciary, I decided to attend the lecture.
When I arrived at the venue, I was led to sit at the front of the lecture theatre.

I sat next to my colleague and retired judge Patrick Tabaro. We were later joined by Justice Remmy Kasule of the Court of Appeal. I found there was already seated a sizeable audience including Prof Oloka-Onyango and Dr Sylvia Tamale.

A few minutes later, my relative and CEO of Vision Group arrived and climbed onto the rostrum. Mr Robert Kabushenga pompously addressed the guests about himself and how he was going to play the function of a moderator. As will be revealed later, he does not know what the term moderator of a public lecture means at all.

He acknowledged my fellow columnist in the Sunday Monitor, Mr Bernard Tabaire, as the convener who would address the meeting first. Shortly thereafter, Dr Mutunga arrived.

It is then that Kabushenga, breathing fire of authoritarianism, warned the audience that when his turn comes, he will give any member wishing to ask a question on the lecture two minutes only as everybody knows him as a no-nonsense moderator.

Dr Mutunga then walked to the rostrum with a slight limp but had been given a high chair to sit and address us. As he tried to adjust on that high chair and began to introduce the topic of discussion, he was rudely interrupted by the mighty Kabushenga with a loud rude statement to the audience: “Do not think that Mr Mutunga is rude to you for sitting down. He has a physical problem. He cannot stand properly. That is why he will address you sitting down.”

Rather amused but silent, Dr Mutunga continued with introducing his lecture. His lecture was interesting, wide-ranging and covered the essentials of the functions of the judiciary and judges in society.

He ably described his work as a former Chief Justice and judiciously analysed the role of the Kenya Judicial Service Commission and civil society.

Instead of being a moderator, Kabushenga acted and behaved as a discussant of Mutunga’s lecture. For the best part of the evening, he simply interacted with, interrogated Mutunga to the exclusion of any other member. After he had a lion’s share of interaction with our guest, Kabushenga grudgingly allowed us the two minutes each for anyone who dared to open his mouth.

I was the first one to raise my arm as time for my medication was rapidly approaching. Kabushenga recognised my hand but totally ignored it, then with his male chauvinism showing its ugly head, he pompously announced: “I will first recognise females who are here to ask questions first.”

Justice Kasule and Tabaro and I exchanged glances in disbelief but kept quiet. Thereafter, females who asked questions Kabushenga made sure to rudely interrupt and instruct them about the correct method of asking questions or making comments on our guest’s lecture.

It seems Kabushenga ran out of ladies to continue speaking and seeing my hand shoot up first again, he grudgingly gave me permission to speak at last, but not before he instructed me how I should formulate my questions and reminded me that it had to be done in two minutes strictly. [Prof Kanyeihamba spoke for about eight minutes - Ed.]
On my arrival, I had handed a sealed envelope addressed to Dr Mutunga and requested Kabushenga to give it to him before the lecture. But up to the end of the lecture, the chief guest had not received my gift.

I quickly wrote a note and addressed it to Kabushenga requesting him to present the sealed envelope to Dr Mutunga as I had to leave.

I then saw Kabushenga beckoning to his assistant. The assistant marched to where Kabushenga was on the high table with Dr Mutunga and handed him two books and some other papers, indicating that Kabushenga had already, without my permission or that of Mutunga, ripped open my sealed present. I did not see other confidential documents I had enclosed in the same envelope.

Kabushenga looked at me quizzically and to my utter frustration said: “I will have three more speakers and that will bring us to the end of this lecture. Thereafter, everyone is invited to a cocktail in the next room.”

At this point in time, I had had enough of Robert’s barbarism. I left the room as nature was compelling me.

Prof Kanyeihamba is a retired Supreme Court judge.
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