"What you leave behind is not what is engraved in stone monuments, but what is woven into the lives of others."
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Kendoy's MSN Name and its meaning:
'Quod Per Me Non Possum, Nec Per Alium:-> "What I cannot do myself, I cannot do through another." 

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Eulogy

Kendoy Magreggor Penn

March 7, 1975 – September 22, 2005

By Brodrick Penn

People say that the hardest thing one ever has to do is to eulogise a loved one, they lied… its the WORST thing one ever has to do.  But my task is made easier by the overwhelming outpouring that my family has had from all of you as exampled by the following tribute – a poem by Kendol’s friends from the roundtable at the admin deli.

Kendoy Magreggor Penn began dancing to many a song on March 7, 1975. At that time he was Kendol Macgreggor Penn, but for some strange reason he thought Kendoy sound better, so he decided to legally become Kendoy. So don’t get confused we talking about the same person. But, those who knew him well, knew dancing is one of the many things he could do.  He would often say to me, dance to the bass Bradiee, not the treble. Whey you learn that in Illinois? Whether he was dancing without music or dancing to the rhythmic and lyrical sounds of his awesome Jam Band, or swaying to the conscious lyrics of his many favorite artists, trying to defy gravity as he stilt walked and danced among the clouds …  I know that you will agree that Kendol continues to dance in all our hearts.

No dance has he done though that I most admire, as the one he’s demonstrated throughout our lives. Kendol was the last of three (3) handsome boys born to Aritha Maloney Humphrey and Basil Penn Jr.  The last of 4 kids between them and the last of seven (7) siblings born to “Mom” (his mother) and the thirteenth (13) of eighteen (18) siblings born to “Tata” (his father).  Yes, Kendol came from a big family and that’s an understatement.  And for those of you that don’t understand, Kendol would wish for me to have you make reference to the inside cover of his funeral booklet, section entitled survivors, subsections entitled brother and sisters.  Okay, got that?  Very large family, certainly the youngest in a number of contexts, yet Kendol overshadowed that entire family – that is the type of dance Kendol was dancing? 

Let me digress to the formalities of a Eulogy.  Kendol’s achievements were many and you have to understand where Kendol came from to appreciate them.  When I think of the size of Kendol’s family and the economic status of Mom who, virtually was single parent; I often marvel at the level to which he progressed. Kendol, like many of us in the East End/Long Look Community completed his primary education at the East End Primary School. To say the least, Kendol had no academic inclinations in primary school.  Notwithstanding, he went on the BVI High School from which he graduated in 1993.  Kendol began to positively exhibit one of his most distinguishing characteristics – Leadership -  in high school when he became a member of student Government and  Head Boy.  Although Kendol’s leadership abilities were evident from our younger days, back then the only thing he used to lead us in was trouble. Those memories are countless and time would not permit for me to digress, but just ask any of his childhood friends and siblings who was the ring leader.

Upon graduation, Kendol took up employment with the Land Registry Department where I believe he began to mature into a man. Indeed many of his personal attributes grew as a result of his employment with Land registry where he was constantly exposed to a diverse cross section of the BVI public. Kendol spent seven years at Land Registry as a clerical officer, but he didn’t just spend the years there.  Kendol impacted the lives of so many people while at Land Registry, from the uninformed local land owners who needed sound but free advice, to the expatriates who needed the same and to the conveyance practitioners who would marvel at the extent of the knowledge of this lowly clerical officer.  Kendol’s ambition didn’t sit idly by. In weighing career options, and this is not a well-known fact, Kendol pursued a distance-learning programme in the Real Estate field and became a certified Real Estate Appraiser in October of 2000, shortly before he decided to pursue law as a career. Kendol’s job at land registry was never a job; it was a love affair. I am convicted that Kendol’s early dealings of land matters, and his numerous interaction with the people of the BVI is what ignited and drove his passion for this country.  

It is also at the Land Registry that his fervor to pursue law began.  He worked patiently at the Land Registry, holding out for the Government’s study leave, just so that he could be able to afford to attend Law School.  I recall how elated he was when “Ma” delivered the news that his study leave was approved.  As with most of us, Kendol was not well travelled internationally prior to leaving for law school.  I recall that he left for his journey to the United Kingdom in October 2000, all by himself, with a bravery that I certainly do not possess and with a goal that he will successfully conquer his most daunting challenge so far, if only because to do so means that he is well on his way to mastering his other goals.  I had the pleasure to watch Kendol’s academic competence grow, as often time during his first trimester at school he used to send me his papers for review.  But in typical Kendol fashion, as his confidence grew, his dependence on other people lessened.  A few papers into the semester he’d begin sending papers “For your information only”, why?, “don’t touch my paper cause I could write better than you now.” 

Kendol successfully completed his law programme when he earned a Bachelors of Law degree from the University of West of England in July 2003.  He then enrolled in Bar Vocational Course, which he successfully completed in July 2004.  He was called to the Bar of England and Wales by the Honourable Society of Lincons Inn.  Kendol was admitted to the British Virgin Islands Bar on September 28, 2004.  Kendol’s academic goals were far from over, he was hoping to shortly return to the U.K. or U.S. to pursue a Masters of Law degree in International Law.  You see, Kendol’s ultimate goal was to appear before the European Court of Justice (on some matter, any matter) and then return to home forever to continue his work as a Patriot and eventually lead this Country as its Chief Minister.

Kendol was much more than his legal and academic achievements – often described as a “fireball in the courtroom”, an “artful examiner”, a “passionate prosecutor”, “spirited and passionate” a young man with unlimited potential. My personal regret is that I’ve never had the opportunity to hear or watch him operate in the courtroom.  But believe me, I can only imagine, the boy often had the audacity to take me to task in my field which he didn’t know anything about.  Kendol possessed confidence beyond admiration.

The tributes from his colleagues speak for themselves, but I can speak to many other aspects of this almost complete 30 year old man. Kendol was one of the most generous persons I know. I recall that MOM use to give us, (Clavie, Sally, Kendol and me), $10.00 to share when we’d go to East End Primary School fair; and could you believe out of Kendol’s $2.50 he’d always find some gift to bring back home for Mom. For a person that was not financially rich, his generosity is unmatched within my family. 

Beyond financial generosity, Kendol was quite generous with his skills, time and expertise.  His alacrity to help anyone with anything was equally unmatched by any person I know. He’d often prepare land transfers, charge documents, leases, contracts and a host of other documents for members of the community free at cost.  His helping hands were without a call for reciprocity and were never ending.  Up to the time of his death Kendol was working on preparing various personal documents for persons, which unfortunately I must now return.

To know Kendol, is to know that he was the epitome of style and fashion.  I saw him progress from his days of jeans and silk collarless shirts at Land Registry to his recent days of colours, flair, sophistication and professionalism.  Kendol is not one dimensional in his fashion.  He is what we call a clothing pimp, his style transcends and invades, but yet is appropriate for whatever forum, whether it is basket ball, horserace, out in the evenings, or at work.   I recall that he often was quick to tell any family member or friend when he did not think they were dressed appropriately. He wouldn’t hesitate to say “MOM whey you going in that, you aint look good” or tease one of his friends about their drabby ties or force us to shine our shoes before we could go anywhere with him.  When you saw Kendol dressed, you would know that he was different.

With utmost respect for Sanchia, that sense of style and fashion no doubt caused him to be admired by the ladies. And it was not just his style, the boy was the biggest flirt I know.  Kendol would flirt with almost every woman that crosses his path, whether is was just to let them know that he appreciated how they carried themselves or whether it was more intentioned, he exuded confidence, skills, and romanticism.  He would want to be remembered as a person that appreciated women. 

I am sure you will all agree that Kendol was not deterred from any task, no matter how daunting.  Kendol had a can do anything attitude which I wish could be inherited by all persons whose lives he touched.  Kendol convincingly believed that he could do anything.  On the basketball court, Kendol would want to guard the best basketball player, on the beach he believed that he could out swim everyone, (even the old tested veterans who swam several laps of long bay beach every morning), in the gym he believed he could lift more than most and would often do it simply because Jack should  not be able to out do him. Kendol would issue challenges to anyone who would heed, try to leap fences that were clearly impossible to leap.  Kendol had the most competitive spirit that I ever knew.

He’d sometimes land with a thud, or fail in disgrace but those are  lessons he had to learn for himself because Kendol lived by a Latin expression that is very appropriate  to his personality “Quod Per Me Non Possum, Nec Per Alium’ – “What I cannot do myself, I cannot do through another.” 

I cannot end without expressing Kendol’s undying love for the British Virgin Islands. Kendol was so convicted in what he wished for the BVI that often times he spoke out loudly against things that he believed that were not just and proper within the Country.  He and I often shared the same frustrations and had had countless discussions of what could be done to fix it.  You see, Kendol believed that he could save the BVI if not the world.     The obvious solution - politics, he often chided me that he would run at large cause I couldn’t win any election at large and he’d leave me to run in the district so that we can both make a difference. But even without his involvement in politics, Kendol, changed and shaped this country with every simple instance of generosity, and patriotism that he engaged.  I dare say he was truly a man of the soil and a Patriot in the making. 

I have a sincere wish which I hope to couple with an incessant drive; and that is, to ensure that Kendol’s death is not in vain.  I therefore wish for the entire BVI community to embrace what Kendol stood for, we must make our voices as loud as his, we must unite against the darkness that our country is falling into, we must stop our country from spiraling out of control, we must ensure that the perpetrators of  heinous crimes are removed from among peaceful, law abiding and good moralistic residents and BVI Islanders. If only for Kendol’s sake, we must save our country, and I know that would be the song to which he will wish us to dance.

Although instructed by Kendol, I may not have quite got dancing to the bass as opposed to the treble down pact, but I am confident that we all have had the time of our lives watching the dances of his life, which he performed so magnificently in his short 30 years.

One of Kendol’s close friends said it best in her tribute and I feel compelled to take poetic liberty to sum up his impact on our lives using her words:-

“Put together, our tributes understate the fortitude of  his character, the generosity of his spirit, the strength of his ambitions, the wonder of his dreams, the infectiousness of his mirth, the simplicity of his persona, the pragmatism of his mind, the romanticism of his aspirations, the promise of his life, the kindness of  his heart, his appreciation of his past and his embrace of the future. Because he is the superlative of each of these, we had to share him with Mother Earth...now the wind exults in him, eternity celebrates him, the world applauds him and we miss you, Ubiquitous Strong Root. Thank you for making all our lives a little easier, our smiles broader, our friendships kinder and  our obstacles smaller.

Rest with God  - our son, brother, lover and friend as we carry on with you in our hearts forever.

OT leaders victims of spin-doctors
By Kendoy Penn

It would appear that many leaders of the remaining British Dependent Territories (BDT) or, the more politically correct, British Overseas Territories (BOT), have been the victims of ever-clever spin-doctors. Collins Plain English Dictionary defines spin as "Telling a story that is not true or partly true."
One obvious case of this victimization by spin-doctors is evident in our own territory. The BVI chief minister is quoted in the Nov. 15 2001 BVI Beacon as saying, "If someone is registered in the UK for three years, they can then go to university at the rate of the English. [For non-residents] It can cost four to five times the rate they pay." This statement, unfortunately, does not reflect the present position.

I quote from Baroness Amos, the Foreign and Commonwealth Office Parliamentary Under Secretary of State responsible for Overseas Territories. During the Committee Stage on the debate of the British Overseas Territories Bill held last July 24 in the House of Lords. Her remarks, extracted in part from the Official Hansard Report, at Column 1034, included the following: "It is open to individual universities to interpret regulations on fees status," and at column 1884: "Although the education fee structure is governed by the Education Fees and Awards Regulations 1977, because of the high degree of autonomy enjoyed by the universities and colleges, it is open to them to interpret always the regulations as they choose." Thus despite having resided in the UK for three years or more, the determination of fees payable by a student is decided upon by the universities or colleges at their discretion.

I hope that the comments touted by my leader in no way indicate his position (or any other OT leader's, for that matter) regarding educational opportunities citizens will receive as a result of the Bill.

Coming up Short

The March 1999 White Paper entitled "Partnership for Progress and Prosperity: Britain and the Overseas Territories" laid down the foundation for a new relationship. The foundation was built on the fundamental principles of self-determination, the acceptance of responsibilities on both sides and the greatest possible control of the OT people over their own lives. A cornerstone of the new approach set out in the White Paper was the proposal to grant British citizenship to BDT citizens (BDTC) in qualifying territories, giving proper recognition of their British connection and to lift the limitations which BDTC carries with it. The BOT Bill is intended to fulfill that commitment. However, I strongly contend that it has fallen short of its intention.

Not so fast

By virtue of the BOT Bill's passage into legislation, an estimated 200,000 persons could become British Citizens, including the BVI citizens. (Spin-doctors at work yet again.) And whilst most of us in our pious hope are under the impression that we will become full British citizens, regrettably I must clarify a few points.

Successive British governments of the past have always found ways to create a distinction between UK citizens and those OT citizens. At first this was achieved by employing a distinction between British citizens and BDT citizens.

Then in 1999, when with the introduction of the White Paper a new partnership was promised, the spin-doctors in another attempt not to give too much of the sweets to the BDTCS, sought another line of division. Brilliantly, they came up with a divisor by virtue of residency. Although by the Bill's enactment a person would be considered a British citizen with the option of holding a British passport, all the rights synonymous with British citizenship would not be afforded unless that person also resided in the UK and met the residency requirements. Therefore, the divisor has been placed in the terms of citizen and citizenship as opposed to resident and residency.

Why the distinction?

One effect of not having resided in the UK would be the higher fees that an OT student would pay compared a UK student's fees. These for OT citizens are enormous.

In describing the fees for Kings College, London, (which is renowned for its medical programme) Lady Rawlings provides a clear example of this great dichotomy: "For UK and EU citizens, the first four years amount to £4,300. For non-EU/UK citizens the fees for the first-year alone amount to some £10,000, after which they rise significantly each year, for an OT total of some £54,000.

Acceptance of the Resident/Citizen distinction by the OT leaders, especially in the imposition of these exorbitant student fees, would be a manifestation of the grave inequalities and disadvantage suffered by OT citizens. The European Union (EU) citizens who are not British citizens and who do not reside in the UK are not subjected to such a distinction, and are far greater in numbers.

Their exemption is perhaps due to the fact that the EU must operate as a single market and there must be free movement of persons within the European community. Why, then, must those who have been dubbed British citizens be subjected to such criteria?
(To be continued next week.)
(Mr. Penn is a law student in the UK)

PART 2

OT leaders victims of spin doctors (part 2)
By Kendoy Penn

I personally do not seek to enjoy all the rights of a UK citizen, but I must ask the question: Is the opportunity to educate our people in the UK at a fair and equitable cost too much to ask for? How many persons having attained university age amongst the estimated 200,000 possible citizens would want to attend university in the UK with such an impediment in place?

Quite frankly, I find it hard to accept this precarious position. Surely it is like saying to a Virgin Gordian or an Anegadian, you are a BVIslander but to have those rights, especially pertaining to home fees whilst attending the H.L.S Community College, you must reside in Tortola for three years or more and qualify as a resident.

We are not the authors of our own misfortune caused by the geographical boundaries placed between Overseas Territories and the United Kingdom. Therefore, why should we be penalized? Whilst UK and EU citizens can begin early careers, as BOT citizens we are prevented from doing so due to a qualification period for affordable tuition fees.

Take, for example, a doctor who would normally study for about 10 years. An OT aspiring doctor would have three more years added to the time he or she may be away from home, for a total of 13 years, just to satisfy a residency requirement.

This situation may also place great demands on OT's national budgets in that they will have to recruit doctors from outside. Likewise for every other profession.

From the horse's mouth

Last July 24 during the Committee Stage of the debate on the OT Bill these arguments, extracted from Hansard, were made in support of a similar position:

Lord Waddington: "I lend support to my noble friends' plea that we should consider again the question of student fees. In the old days there was a common nationality. We were all citizens of the United Kingdom and colonies. A mockery was made of the common citizenship by the Immigration Acts of the 1960s, with some citizens of the United Kingdom and colonies having rights and other such citizens having fewer rights.

We tried to get rid of the anomaly by the British Nationality Act at the beginning of the 1980s. We do not want to return to the same mess we got in over the citizenship of the United kingdom and colonies, granting everyone British Citizenship but saying that some are better citizens than others and that some have rights which other British Citizens do not have."

Lord Beaumont of Whitley: " We would like some assurance from the Government that the needs for educating and training of those who have been denied them in the past because of the implications of lack of citizenship will now be met."

Lord Waddington: " In the old days, despite the fact that overseas students were not residents, they benefited from the same fees as did people who were residents.

Baroness Amos: " That is not the case. The entire situation has changed, and it is not a matter of returning to the position that once existed. For example, on reaching university age, the children of British citizens living abroad would have to return to this country and qualify in terms of a resident's qualification before gaining access to home fees."

Lord Beaumont of Whitley: " The analogy produced by the Minister is not a fair one. She is comparing citizens who voluntarily go abroad and who must return to this country in order to obtain entitlement, with people who are born in, and are natives of their own country. Such people are in a totally different situation because they did not choose to be in that country; the situation has been thrust upon them."

Speak up, OT leaders

I wish that the OT leaders could find the fortitude to demand changes relating to the education fees of BOT students when the Bill is debated in the House of Commons. Such strength could be derived in part from the words of encouragement posited by those members of the House of Lords who thought it fitting throughout, even during the third reading of the OT Bill, that OT citizens be placed on an equal footing.

Baroness Rawlings: "My Lords, I begin by repeating our continued support for the principles underlying the Bill. The conferral of British citizenship on Overseas Territories Citizens is most welcome. However, it has become more and more evident during the passage of the Bill that it is based on - and I hate to use the word - "spin." By this I mean that the rhetoric surrounding the Bill promises great things, while in reality the legislation makes few significant changes.

"The crucial point is that only residents of the UK are entitled to the full benefits of British citizenship, while those who choose to stay in their territory ... will remain largely unaffected."

As I suspected all along, the only change that I should look forward to from this Bill is a change in appellation. In reality, the granting of British citizenship to BOT citizens (our new title) will be solely "a matter of where we live." Clearly this is an act of indirect discrimination, disguised in the argument of consistency.
(Mr. Penn is a law student in the UK)