Some observations by John Mbiti - Emeritus Pastor / Priest and Professor of Theology, University of Bern, Switzerland.

The public excitement that flared up during the process of appointing Dr Willy Mutunga as the new Chief Justice of Kenya was unpredictable. His wearing of a stud on one ear has generated unprecedented discussions that brought together cultural, political, religious, educational, and perhaps economic interests in the country. Yet, nobody said anything about Dr Mutunga’s spectacles that, together with the stud, adorn his face. The glasses serve as a physical aid to his eyesight, and are a common item that people wear everywhere throughout the world. Some people cannot do without glasses. To my knowledge, spectacles do not evoke public discussion.

Dr Mutunga began to wear his stud in 2003, eight years before he would be appointed Chief Justice, eight years before the national excitement about him and his stud. The spectacles and the stud have become component physical items of his attire. That way, they have something in common, as well as being located next to each other. But they serve entirely different purposes in the life of the Chief Justice. The spectacles are for the health and welfare of his eyes – and hence his whole body. Without them, his eyes would slip to a state of decreasing usefulness and might degenerate into blindness. Without his spectacles, the life of the Chief Justice would be impeded in general, and he would be constantly disrupted in the services and demands of his high office. Nobody would ever dream of telling him to dispense with the glasses while he was a candidate vying for the post of the Chief Justice. Nobody would feel ‘offended’ or ‘threatened’ by the glasses. So far, so good.

We come now to the stud. At the mention of the stud, some hearts might begin to accelerate their beat and throw out heat and steam. The stud is first, and foremost, a small physical symbol. It is one of millions of symbols that throughout history, persons have used since ancient days. Archaeological digs show them to have been among the minimum articles that individuals and families possessed. Symbols are integral objects of society everywhere, and without them life would grind to a halt. Think of the symbols of traffic lights, and what would happen in big cities if there were no such symbols of yellow, red, and green lights. Think of the alphabet made up of symbols, and how we use them as part of our life. Think of the symbols from your body, with which you communicate – with your hand you can call someone to you or chase the person away. Your eyes fabricate symbols of communication, like when you wink with one eye at a person that you like. There are persons that form symbols of their teeth by having some of them removed or shaped in particular ways.

Society and symbols go hand in hand, and there are a wide variety of symbols. For example, there are communal symbols, with a consensus of their meaning for the public, but without necessarily having individual or personal value as such. National flags with different colours and shapes serve to address common or united feelings – under one flag. For most people, there is no ‘personal’ or ‘private’ identification with the flag of the person’s country, as such. But if there is a national event or provocation, the flag may inspire personal patriotism. The flag may also give momentary personal attachment to winners in international events, such as football matches and Olympics.

Of greater and personal value are symbols that are used for both public and private purposes, or exclusively for private purposes. These fall into different categories though their use may cover more than one category. For example, the Christian Cross has been used for a multitude of purposes. At the early days of the Church, when religious and political authorities persecuted the Christians, the latter used many symbols to (secretly) communicate with one another. They used animals, numbers, precious stones, parables, and objects with various forms, dresses, certain foods, and so on. Even the symbol of the Cross acquired different shapes, so that today we speak of the Coptic (Egyptian) Cross, Russian Cross, Irish Crosses, and others that Independent Churches use. The Cross – in whatever shape and from whatever material – is the most common symbol of Christians, though it was already being used in parts of the world, before Jesus lived. They (we) use it in public places like churches, religious schools, hospitals, and on some national flags like those of Switzerland, Australia, Fiji, Great Britain, and Norway. But foremost, the Cross serves as a central point (symbol) of Spirituality, both for the public and privately for individuals, particularly in the ecclesiastical traditions of the Anglican (Episcopal), Orthodox, and Roman Catholic faithful.

Thus, symbols serve a crucial element of human life, and together with oral language help to distinguish human beings from other ‘animals’. The stud, which Dr Willy Mutunga, the Chief Justice, wears is one, such symbol that humans use everywhere. But it is also particularly one in the category used for religious purposes, as distinguished from neutral, cultural, political, and ideological symbols. It arises from and fits into African religion, particularly traditional Akamba religion. It is in that context that we (the public) should best view Dr Mutunga’s use of the stud. He is a very religious person, with religious experiences some of which are related to the stud. It has a deep spiritual and personal meaning for him. He tells that: ‘Over years I was told about my ancestors and their protection through various relatives. I have received their demands... I have bought clothes and other symbols at their request. Once a year I undertake the Akamba ritual of slaughtering a goat for them and seek their guidance. I have seen the spirits of my ancestors as God’s creations and they have always been very good to me. I have always obeyed their commands.’

Dr Mutunga has developed his profound religious life from three major religious traditions: African (Akamba) religion, Judeo-Christian religion and Islam. These three are monotheistic religions. Dr Mutunga is a strong believer in God, a belief that he derives from these three religions that confess the same: One God, Creator of all things.
As a young person, he grew up in the milieu of Akamba religious life and practice. At primary school, he embraced the Christian faith and the Africa Inland Church baptized him. At high school, he joined the Roman Catholic Church and was baptized again and confirmed in 1966. He has participated in worship in synagogues, temples, churches, and mosques, eventually converting to Islam in 1981.
These are times of inter-religious dialogue. This dialogue facilitates the means by which, representatives, followers and scholars of different religious traditions endeavour to meet, to understand one another’s religion, to join in responding to global issues, and to work together for peace among peoples and nations and religions. Dr Mutunga is a living example of harmony instead of conflict, among religious persons and traditions. So he rightly tells me: ‘I believe in the Supreme Being. I do not see wearing a stud as an act of not believing in the Supreme Being. I wear it because I am a man of all Faiths... I am a living specimen of your wisdom that “Africans are notoriously religious.” My embracing all Faiths has made me understand the grace and love of the Supreme Being more.’

This is a very profound ‘confession of faith’, on the part of our Chief Justice. I have not heard anyone else speak or live like that. It provokes admiration, if not jealousy towards a person of such faith, in whom there is the convergence of three religious traditions. When he embraced the Christian faith, he did not shed off Akamba (African) religion, which is centred on the belief in God the Creator of all things. When he converted to Islam, he did not shed off his Judeo-Christian faith, which is centred on the belief in God the Creator of all things and in Jesus Christ. Christian baptism, which he underwent twice (though once was sufficient) cannot be undone since, theologically it means that through baptism a person is spiritually born anew and incorporated into the mystical Body of Christ. So, Dr Mutunga is a real Mukamba (African), a real Christian and a real Muslim believer.

As such, the stud fits logically into his religious development and nourishment. It is a symbol of his profound faith in God. It was such faith that empowered him (and others) in the early 1990s to hatch the roadmap for a new Constitution for Kenya, and launch 'Njia ya Kufikia Katiba Mpya' and to fight for it against great political odds; and earlier to endure months of detention and keep his sanity. About this he tells me: ‘When I came out of detention on October 20, 1983 my late Mother told me that Muli (an uncle that Mutunga did not know as he died when Mutunga was 2 years old) had been “around” two weeks before my release. Through the medium of my stepmother, he had told the family that I would be home in two weeks. Muli said he had “persuaded” the leaders that I needed to be home! My stepmother died the minute I got to Kitui town. Muli had apparently told the family about this sad event, but they did not figure it out until I was released and my step mother died.’

About the historical and religious origin of the stud, Dr. Mutunga tells: ‘In 2003 I received a message through my uncle who is now deceased, that because of my travels all over the world the ancestors wanted me to wear a stud as constant connection with them. I obeyed.’
We can appreciate those final two words. In African religion, you do not disobey the living-dead; you may take off your spectacles, but you do not remove the stud. The symbol (stud) is not the Chief Justice and Dr Mutunga is not the stud. The Chief Justice knows well, what it means to obey the law. Let us wish him God’s strength, in guiding the Kenyan nation to keep the new law.

By Prof. John Mbiti
© John Mbiti, Burgdorf, Switzerland, 19 June 2011, This e-mail address is being protected from spambots. You need JavaScript enabled to view it