Wednesday, December 12, 2012

Parental rights for Ex-felons

By
Wilson Manyuira
Introduction
Felony
While the term felony has evolved in its meaning and according to various state laws, there has been a mutual agreement in regard to its definition. It has been agreed conventionally that felony is a crime that is serious enough to be punishable by death or a jail term not less than a year in a state or federal prison. It may however be less than a year depending on the discretion of the sitting judge and within the limits set by the statutes of a given country’s constitution. Some examples of felony crimes may include; terrorism, rape, arson, treason, kidnapping, burglary, Murder and generally crimes that offend predominant morals. While the consequences that attract various felonies varies, a felony crime may be directed to any person or group of persons, ranging from total strangers to the inner circle of ones family
Parent rights
Though the laws of many countries are ambiguous on what are parental rights/responsibilities, there exist some general responsibilities that one must fulfill as a parent. This rights include Custody; providing a home for the child, protecting and providing for the child, educating and making choices for him/her, Paternity/ Maternity; behavioral discipline for the child, living with the child, giving the child a name, making decisions on the children’s medical care and religion, responsibility of the child, travelling with the child and appointing a guardian for the child where necessary.  Many state laws grant parental rights to biological parents or any other guardians on exceptional cases. This is incase biological parents are either in one way or another incompetent to live with the child or they are dead/ there presence not known.
Thesis statement
Termination of the parental rights is a court order served to all parents that permanently/temporarily severs the legal parent/child relationship when the court finds one/both parents as incompetent to raise the child or one/both have given up these rights so that an adoption can occur. Parental rights may be terminated on various grounds, committing of a felony being one of them. Other reasons may include loss of sanity, surrendering them for adoption to take place, death of parents’ e.t.c.
Parental rights may be classified into to three major facets and may vary depending on the gender of the parent in question. They are: - custodial rights, visitation rights and paternity/maternity.


Scope of work
Custody rights.
In normal circumstances felony conviction(s) does not affect retention of ones children’s’ custody. Custody arrangements conferred upon by interested parties will remain the same unless the child’s second parent or guardian applies for change of these arrangements. It is therefore clear that children’s custody will remain the same even after serving incarceration. Incase the custodial rights for the child has changed hands, one  have the right to file with the relevant courts to recover this custody rights upon his/her release (upon achieving status of an ex-felon).However, if one had committed the felony against ones’ own child, chances are almost nil of regaining these rights.
Visitation rights
Unsupervised
A petition may grant back visitation rights to ones child in case he/she had lost it upon internment.  By standard of many state laws, ones status as an ex-felon has minimal if any influence on ones rights to see his/her children, unless the court determines that ones status as an ex-felon or the felon he/she had committed places the children in direct danger.
Supervised
Once the court has denied visitation rights, one may apply for supervised visitations. Supervised visits are available even when the crime committed was domestic violence and the court determines being supervised while with the kid is to his/her best interests.
Parenthood.
Paternity
If the child in question was born before or during confinement, and you suspect he/she may be yours, you have the right to establish paternity. Establishing paternity procedure includes filling an application with the court and undergoing a DNA test. However the precise process of determining paternity depends on particular state laws
Maternity
While it is less controversial when it comes to Motherhood for obvious reasons, it may sometimes be important to undergo a DNA tests when maternity is contested for an ex-felon and usual goes through the same procedure of establishing paternity.
Body Of Work
Wilson Vs Seiter (1991)
In a series of cases beginning 1976, many US citizens sought to know whether there Government was compliant to international human rights for ex-offenders among them parental rights. In Wilson Vs seiter (1991) the court firmly established the subjective components of the US laws ruling in favor of Prison wardens and other legal administrators. This was widely Critised by human rights activists among them Mohammedu F Jones of the National Prison Projects, American Civil Liberties Union, who viewed this as incompatible with the universal standards.[1]

Rose Moraa & another V Attorney General [2006] eKLR.

In a case at a Kenyan High Court a case filed by a minor through her friend And CRADLE a NGO in East Africa, the plaintiff was legal direction of the child’s custody after being defiled by her father. The father subsequently served a jail term and upon completion of incarceration he enrolled for rehabilitation and started a business later on. After success of this business the man sought visitation rights by mutual agreement but the mother refused. The mother however demanded financial support for the Kid. In delivering his ruling the high court judge quoted several sections of Kenyan Law and other Laws before concluding that the Man should take up his paternal responsibility but at the same time be allowed Supervised visiting’s to the minor. [2]

A.O.G. v S.A.J. & another [2011] eKLR

In an Appeal case filed before the court of appeal of Kenya, it raised fundamental issues of law on the rights and welfare of the child, and particularly the usefulness of the children Act 2001:Laws of Kenya.  In regard to rights of ex-felons in parenting and applicability of international conventions on domestic issues of Kenya. It must be remembered that it was around this time that Kenya allowed its prisoners to vote for the first time during there historic referendum.

April Vs Micheal(2011)

            The cases presided over by respected judge, Timothy J. Lawliss under the laws of US under the family court act, the judge found no mistake in awarding custodial rights to an ex-felon.
Other cases
 There may other judicial cases that clearly indicates parental rights for ex-convicts is still a contested matter.
Conclusion
 When parental rights has been terminated for committing a felony, Most if not all parents seek to regain these rights after the incarceration period. When brought before a chamber of jurists for a ruling, the judge(s) may consider a number of factors that will determine whether one will gain back parental rights or no. this factors are; the felony charge(s) and whether they have direct impact on the child, completion of the felony sentence, correctional efforts, any current child obligations, consistent in visiting your children and whether you have a bond with your child.
The matter of Rights of Ex-convicts in parenting or after serving there incarceration periods emanates an emotive debate and may require legal opinions for legal experts.












References
  1. Arthur, P& F, Morris. (1970). Marriage laws in Africa. Nairobi, Law Africa.
  2. Southern African commercial catering and allied workers union. (1991).Sharing the load: the struggle for gender equality, parental rights and childcare. Johannesburg, SACCAWU
  3. http://www.saclaw.lib.ca.us/pages/termination-parental-rights.aspx
  4. Kathryn, K et al (1994).California Family law: Practice and Procedure (2nd edition). New York, M Bender.
  5. Elizabeth, H. (2006). The disenfranchisement of ex-felons. Google books.



[1]US conformity to international standards for human rights on ex-offenders rights”. Criminal justice: an introduction By Philip P. Purpura

[2] “The challenged difference does satisfy both criteria in our view.  At the moment we find no other better option of dealing with the situation other than as set out in the sections.  It must be recalled that the Act took the best provisions of the repealed Children and Young persons Act, Guardianship – Adoption of Infants Act and other laws affecting children and the relevant International Conventions among others and codified them as one” http://kenyalaw.org/CaseSearch/view_preview1.php?link=52059670741650507235207


[i] Wilson Vs Seiter (1991), A.O.G. v S.A.J. & another [2011] eKLR, April Vs Micheal(2011),Rose Moraa & another V Attorney General [2006] eKLR, Other cases,

Literary Critique of Jacques Prevert



 By Wilson Manyuira


Thesis statement
            Having began his work as a member of a French opposition movement, he breaks away to actualize his dreams of an individualistic and experimental way of doing things. Due to those his uniqueness is widely regarded as a rebellious move rather than liberalism. But does charting a different path from that traditionally used by poets give him any mileage or condemns him to oblivion? Does his unassuming lack of regard in Attacking “social injustices and religious immorality” in favour of hitting on specific names, render anything good towards his course?


Statement of Work
            Born and bred in the French capital, his language diversity is limited to only his vernacular languages. But his mastery of French language is undoubtedly reputable world over as evidenced in his works. He masterfully and skillfully plays with his words, “Even if happiness forgets you a little bit, never completely forget about it.”(pg8 ,paroles), to pass his message.
            Unlike other poets of his era,-and even of modern age-, he appears uninterested in poetic mystification but rather pass across what he has for the reader, I.e communicate. He doesn't demand that the reader demystify the “hidden meaning” , but invites him/her to enjoy the reading. This earns him the title the unliterary poet from fellow writers. 
            Prevert does not seek to exploit the cognitive abilities of the readers. He instead takes a look-and-feel approach which most readers identify with. Perhaps as a reminder that he also possesses those poetic complexes that most writers treasure and seem to be obsessed with the randomly spice his works with magnificent interceptions of verbal elegance.  This he however does in plain and straight forward idiom-so to speak-, through hyperbole, puns, rhyme schemes, tongue twisters and flavourous blending in of slang.
            But his unassuming nature and the inate tendency to follow his own convictions rather than the Mass opinion(s) wins the hearts of readers for him. This is because they easily identify with his work thus viewing his poets as good readings. His plays, films and children books are also popular with readers since they are easy to understand. This defines his style of writing.
            Also, Jacques Prevert totally ignores the existing writers/poets cliché of condemning societal self-instigated problems,-in their works-, choosing to take the bulls by the horns instead.   Through his work, jacques rubs the existing regime the wrong way, but for the course of French proletariats.
            Unlike fellow poets, whose main goal is normally presumed to be driving a wedge between social class. Though  Prevert shows his distate in the way the bourgeoisie and the immplements of power conduct the business “" …...... all Anti-bourgeoisie, anti-Church, anti-militarist, and anti-intellectual......: ”, he appears to be more passionate on the welfare of the Poor thus earning the title pro-proletariat. This is demonstrated in many of his poems such as Paris at night,-translated:-
Three matchsticks lit one by one in the night
The first to see the whole of your face
The second to see your eyes
The third to see your mouth
And complete darkness to remember this all
With you locked in my arms (paroles),
among  other poems, where he tries to motivate the poor people, that everything,- even leisures of love- is possible, even within the poverty constraints,- three matchsticks.
Jacques Prevert also “tempers the acid of the satirist with the honey of a lyrical poet” (Baker, 1988), when he expresses empathy to the proletariats. This is recurrent in his work while also applauding them prudently though. Here, Jacques shows that he has not yet lost touch with his humble backgrounds where he did not even get enough formal education. His works play a critical role in advancing the course of the surrealist movement while also improving the welfare of this proletariats.
Conclusion
            Inability is not disability. Prevert is well aware that his rather “patched-together” education is a hindrance towards his poetic ambitions. But he doesn't allow it to be a problem at all. His divergence to an individualistic style doesn't earn him much applause at the beginning. But this coupled with determination that exemplifies his character, achieves for him much honors at the end that speaks for themselves.

The Hobbit, or There and Back Again: Literary analysis


 By Wilson Manyuira
 In Tolkien’s book “The Hobbit or There and Back Again”, the celebrated child digest author displays his masterful skills in conveying an array of themes and messages. The book is a fantasy novel that is regarded as classic work in children literature. It takes hints from the narrating models of juvenile fiction as shown in its omniscient narrator. These are characters that young children can relate with. The use of ogres, wizard and magical characters is psychological easy for children to understand
Throughout, Tolkien’s style is that of playful and casually introduction into story plot. He invites readers into the story rather than forcing them, while use of onomatopoetic style in conveying the interceptive songs bring in a good sense of humour.
He introduces several themes in his Hobbit work each conveying an array of ideas that are fundamental to a Child’s Social development growth. The themes include Cunning/ Wit/Cleverness,-(difference between Bilbo’s cleverness and Gollum’s cunningness)-, Loyalty -either loyal as a goblin or dwarf)-, courage, Race-(there different races in every society, goblins and dwarves races), wealth and exploration in – (Bilbo’s adventure).
Thesis Statement
Based on the theme of exploration, what does Bagginess take away from his adventures?  Does he gain any knowledge as a result of the explorations? Does exploration leave Bilbo a better person or the same Zombie he was?
Image

 Attached below is the full document

The Hobbit, or There and Back Again

Monday, September 3, 2012

ANNIVERSARY TOWERS: False alarm causes panic.


Nairobi Kenya
University way

3, sep 2012


This morning at 9pm,business Came to a stand still at the busy anniversary towers, home to many government offices. It was after a false alarm shook the guts out of everyone in the building for close to three minutes.

en jus like the peculiar kenyans we are ,  -everyone stood were he/she was, perhaps recovering from shock, perhaps suffering from inertia or perhaps not knowing what cause of action to take next,- until someone went on heels to the stairs and others followed suit.

It was not until the security team explained that it was a power faultage that had triggered the alarm and that there was no cause for alarm that the staff and clients agreed to get back to the building

Tuesday, July 31, 2012

ANTI-IEBC(Hassan) Demos Rocks Nairobi streets

University way. Young Kenyans are holding Peaceful demonstration demanding Isaack hassan to resign. From The Kemu Towers where i am sitting in my office i can see young men and women holding banners that reads " WE HAVE LOST FAITH IN IEBC". "ISAACK MUST GO" and so on.


Well, since his office is just a stone throw away at Anniversary towers lets see what Responce the IEBC chairman will have.




photo file: FMI
More updates to follow

Sunday, March 11, 2012

ROAD TO KUSA 2012/2013...Ms TRINA BWIRE: Analysts' Views

She is beautiful, easy to go with, Hardworking, social and above all God fearing. She is one person who can put All energy to what she believes in, She doesnt give up so easily and a faithful servant of GOD. Thats why when she started sensisitizing friends and foes about her intentions, i was almost double sure she was not mincing with her words. It will not be her first time to Gunner for the popular KUSA congress. if anything she is the outgoing KUCU rep in the congress and the first woman to achieve such a fate in the history of KUCU. I have personally interacted with her and know exactly where she is a star and where she is dumb. Here is What Kampus monie think about TRINA's Bid for KUSA Presidency.


STRENGTHS.


She is energetic, hardworking, God fearing and astute. In the past she demonstrated her strength in making what she beleives work, She has always been social with friends-no matter there presumed status-. 
In this era of sexuality and women empowerment, seductive capital has stood out as one of the biggest asset that beautiful women hold. Though she is as decent as mary mother of jesus, its with no doubt that her God given beauty will go on along way in working to her favour


WEAKNESSES.


During the AMINA drive that was spearheaded by KUSA, Trina hit me as someone who can not get to convince people about things. It struck me as odd that she lacked the wise sayings and quotings that makes leaders indispensable. The drive was a failure were it not for an articlle written on daily nation by one NYAMBEGA GISESA.
Trina has also struck me as forceful on some instances on a number of instances and not a principled leader.


WHERE SHE NEEDS TO WORK ON..


her ability to convince multitudes of people
Cut her own style of leadership.


comment,bash,support or criticize us/Trina.


DISCLAIMER: the views expressed hear are not personal for Kampus monie

Monday, March 5, 2012

LUO and KIKUYU:Why The hate-love relationship.....

  Its no use contesting that the two sets of Kenyans have shared great history since time immemorial. Tirades of  speeches have been made by proclaimed lords of this communities but one thing for sure, the peasants views have never been given audience. Folks of both the regions believes each other are enemy and always seems to voice there projected stereotypes about the other. One thinks the other  cannot be trusted, money hungry and envious. The other cant be convinced otherwise from the belief that his opposite is Shallow minded, ego driven and priority misplaced.
 However, A chat with some of the ordinary kenyans from this communities revealed otherwise. Charles Owuor is a Graduate of Kenyatta university, He was brought up in The rural bondo area, Schooled there and is even working at a rural secondary school in the area. however his little exposure with members of Kikuyu community has helped him kill the octogenarian stereo type that he has grown to accept. he now views Kikuyu community as friends and has already made several friends from there. A few days later i met Irene Karuga who spoke pleasing words of her luo friends since she was in first year. She narrated to me how she had been warned not to engaged with 'aliens' while she was joining first year.
    Looking back our National history, there is a lot to  be learned about how this communities have related and even what went went wrong. Its with great convictions that i think the two communities have great potential if the innate qualities of both its people can be harnessed. Combined with talents and strength from other tribes, i believe we can achieve the Kenya we want.


that's why i fully support the Changes Associates trust.inc initiatives.