Category: Organic Intellectuals Network

The community dialogue was attended by 56 individuals from Mabatini ward, and it included 32 females and 24 males. It was organized by Mathare Social Justice Centre and had participants from the host’s human rights defenders network, as well as various youth groups in the area.

Below are the topics of discussion and how they were responded to:

1. What are the roles of various leaders? Do you know/understand them?
   Although this was the first question, the participants were very active in the conversation. Majority of them explained that they are not aware of the roles of the Women’s Representative and the power she holds, and most of them are only aware of the Jubilee and NASA aspirants and have not yet done their research on the independent candidates.
2. What are your immediate needs? Has any contender addressed them?
   Mama Whitney first spoke on ending extrajudicial executions around Mathare. She noted that the police have a responsibility to respect citizens and that so far there is no political aspirant who has blatantly come out to speak out on normalization of police killings.

It was then mentioned that everyone in Mathare is complaining about the Community Development Fund (CDF) projects, that on paper there are claims that certain projects have already been implemented when, however, on the ground, nothing has been done. Victor added to this by saying that some of the projects that have been implemented have actually been carried out by private individuals, such as the Chandaria Foundation, and yet the incumbent wants to take responsibility for them.

On this note, some of the participants claim to have gone for various trainings carried out by the Ward Development Fund, but that when it comes to implementation they are still blind as to where the money goes since the whole process lacks transparency.

Collins came out to admit that the youth (and everyone in Mathare) needs civic education in order to understand what to expect from the politicians according to their seats.

3. From the previous election, have you seen any tangible changes? Are any of the projects implemented sustainably?
   At this point, the community members got a bit angry, speaking to the state of education, sanitation and health. Lillian said that she was born and raised in Mathare but the state of the constituency seems to be deteriorating by the year.

Apparently:

• The current MP promised to build hospitals and that every ward will have a public toilet. There have been no tangible results to this end.
• The current MP promised to have a fire brigade in Mathare. The community remembered the fires that have broken out within Mabatini with no assistance from anyone.
• The political promise has been clean water for decades. There is currently an outbreak of cholera and the public toilets remain closed from the date they were built. The community has reverted to using ‘flying toilets’.
• Education and promises to provide jobs by K1. This is an issue that really affects the youth. They remain unattended to and majority of the youth in Mabatini and Mathare in general remain unemployed, and not out of any choice of their own.
• There is no single social hall in the whole of Mathare. In fact, the community dialogue took place in an open space with a tent and raw sewage running right next to us.

4. What are you looking for in a leader?
   Akinyi stood up to state that the problem with most of the people in Mathare is that they look to people with money as being good leaders. There was a bit of an argument amongst the community, with Tony insisting that most of the people will vote for whoever gives the most money; the participants need immediate solutions as well as long term ones. Vivian closed this conversation by reiterating that people will take the money because they need to survive.

The community finalised by stating that they need to be given information on those who are vying, such as their integrity and where their money is coming from. At this point, MSJC invited them to their office for conversations on this, and informed them that they are planning a political debate in their area very soon. The community was pleased to hear this and Nickodemus said they look forward to it.

Kelvin and Jamo, however, were left stating that people need to vote individuals they believe in, and not just the political parties they represent.

The dialogue ended with MSJC urging the community to confirm their voter’s status at their registered polls, and told them to vote wisely. We advised them that we need to keep peace because we are one family, that each and every vote counts, that the people have the power to choose whom they want in office. ‘Msiuze kura zenyu (Don’t sell your vote). Choose peace,’ Julie concluded emphatically.

By Maria Mutauta

See some pictures from this successful political accountability event below.

 

On 15^th April 2017, Members of Mathare Social Justice Centre did not attend the 2.00pm general meeting as is our custom. We all headed to Pirates hall located in Mlango Kubwa ward in Mathare. The reproductive justice campaign was holding a community dialogue themed Gender-Based Violence. In Mathare, men and women have experienced gender-based violence year in year out, but in most cases women and children are the victims. I felt it was important to have a discussion on this as it is something residents of Mathare have seen, heard or experienced first-hand.

In attendance were about fifty community members, all the members of MSJC, Yvonne Flammer who is a medical officer at German hospital in Baraka, Naomi Van Stapele who is among other things a researcher passionate about human rights in Mathare, Aika Matemu co-coordinator reproductive justice campaign and Biki a web developer but who on this day took beautiful pictures during the forum. Faith Nafula and Juliet Wanjira were the facilitators during the dialogue. Faith is a GBV expert and great facilitator. Juliet is the coordinator of the reproductive justice campaign.

The facilitators started the forum by getting the community members to explain GBV in their own understanding. And then we all took turns to tackle different aspects of gender-based violence.

The Kiswahili translation for this word was discussed as a way to easier communicate to the community and have a shared understanding; this is Kudhurumiwa kimwili, Kufinyiliwa kuhusu jinsi yako.

We had an interactive forum where the community members explained and gave examples of these violences. It was interesting to note that men in this community were also victims of GBV, and especially the ones who are alcoholics or happen to have no money and their partners cater for all expenses.

We discussed the different kinds of manifestations of gender-based violence. And among them are:

Emotional and physical manifestation of GBV where there was mention of examples such as releasing stress on wives and children as well as verbal abuse towards both men and women matusi na matharau.

Physical abuse where violence is used as a way to control the victim. Types of violence discussed were: Rape: people felt that is happens to both men women as well as children and the elderly. Rape was described as unwanted or forceful sex, wanting to have sex with someone who does not want to have sex with you and with no consent. Police violence and harassment: where police in Mathare often harass and abuse community members by forcing them to strip naked and run across the streets. Cat calling: there was debate on whether this is a form of abuse. A few men expressed that they do it because they feel that women like it and expect it from them as a way of validating that they are beautiful and to be admired by them. They also mentioned that it is idle men who participate in cat calling. Child defilement was discussed with an emphasis on under age sex with a minor under the age of 18 as being illegal in Kenya. Indecent assault was discussed as having unwanted physical touch or exposing yourself to the public or another person.

There were also discussions on gender roles. Traditionally it was a man’s duty to work, toil the land and provide for his family while the women were to reproduce and take care of household duties. With the evolving world, this is changing overtime. Women and men are competing for job markets even in field previously known for men. So gender roles are changing now that women are also in a position to provide. The main point however, was that no role is for particular gender; both men and women can cook, do laundry, baby sit and provide comfortably — although we are still some time away from this situation.

The facilitators mentioned statistics such as 46% of women having experienced GBV in their lives. The reasons for not intervening when witnessing a GBV assault were fear of being physically attacked, being questioned about whether you are interested in the person (in the case of domestic violence) and not wanting to interfere with domestic issues, which is very popular in this community.

We also discussed how family structures are affected by GBV, and for exampled we talked about the developmental effect on children and the future perpetration of violence by children who have experienced violence in the home. We looked at ways of mitigating gender-based violence and said we should specifically build on community dialogue and forums.

Above all, we emphasized that we should not let it happen and if it does speak out! We also decided to do more community mobilizations and to inform residents that they should report cases of GBV at the police station, MSF blue house, Mzee wa Kijiji, legal clinics and the National GBV hotline 1195. Also important are the child hotline 116 and the child counselling hotline 1190. Also we agreed that if you feel as an individual that you are violent seek help. See some pictures of this powerful event below.

By,

Julie Wanjira, Reproductive Justice Campaign Coordinator

On June 1st in Bondeni Ward, Mathare we launched our participatory report on extrajudicial killings. Since it is the normalization of these killings in our home that inspired this report, we chose to do this launch here where most of the victims in this document came from — our community. During this launch the pain brought about by these police killings was expressed through music, dance, poetry and the speeches of many local residents. Mothers, sisters, brothers and friends spoke about the loss they felt since the felling of their family member, and also lamented the normalization of these killings in their area. There were many “whys?” asked, but, above all, there was a powerful determination to make sure these stop. The many residents who came to the launch, both in pain and in unity, are also testament to the resilience of  Mathare even in spite of the violence that frames their lives. We were here to remember those victims of gun violence, and also to defend their memory and our community. MSJC is very grateful to all who came and continue supporting us to make sure no more generations are lost through senseless killings.

See pictures below from the event.

 

 

 

 

In early April, James Savage and Tony Tate of the The Fund for Global Human Rights visited MSJC to listen to and share experiences with our members. During their visit we exchanged views on the global and local restrictions to civic space and the strategies that communities were using to fight for justice and dignity. See some picture below. Karibu tena James and Tony!

MSJC proudly launched our report Who is Next? on Tuesday 30th May, 2017 at BIEA.

We will be holding a follow up Launch and Vigil Against Normalization of EJEs and Victims of Gun Violence:

WHERE: MSJC Offices, Mathare (Bondeni)

WHEN: Thursday 1st June, 2017

TIME: 2:00pm – 6:30pm.

All are welcome and we look forward to seeing you there.

 

Here are pictures from recent MSJC events and mobilizations in Mathare. Enjoy and we look forward to seeing you at our next event for justice!

 

 

 

Our friend and comrade Kimani Waweru from the Mau Mau Research Centre (MMRC) breaks down social justice for us here. He gave this presentation as part of the recent March training for human rights monitors from Mathare that we had at MSJC. You can read more of this important analysis on his blog

Background

The notion of social justice is relatively new. The concept first surfaced in Western thought and political language in the wake of the industrial revolution and the parallel development of the socialist doctrine. It emerged as an expression of protest against what was perceived as the capitalist exploitation of labour and as a focal point for the development of measures to improve the human condition. It was born as a revolutionary slogan embodying the ideals of progress and fraternity. Following the revolutions that shook Europe in the mid-1800s, social justice became a rallying cry for progressive thinkers and political activists[1]. The capitalist system whose engine is expropriation of profits from exploited workers and oppressed women brought about inequality. The rise in inequality in the distribution of income among people has resulted in the rich getting richer and the poor getting poorer. This causes majority of people to be poor and this constitutes an injustice. The urge to get more profits also leads the capitalist government to cut down social spending thus contributing to discrimination, poor health, vulnerability, insecurity, and a lack of education among the majority poor.

The concept of social justice has also been adopted by religious groups for example catholic church in Latin America through the Peruvian  priest, Gestavo Gutierrez came up with liberation theology  which conveys the teachings of Jesus Christ in terms of a liberation from unjust economic, political, or social conditions. It is an interpretation of Christian faith through the poor’s suffering, their struggle and hope, and a critique of society and the Christianity through the eyes of the poor. The concept has also been adopted by other denominations

Failure by the Kenya Government to provide social services goes against the constitution as well as the  charter of the United Nations and the Universal Declaration of Human Rights 1948. The Constitution of Kenya article 43 has stipulated that every person has the right to education, health care, social security etc. the Universal Declaration of Human Rights articles 22 and 26 also insists on the said rights, for example article 22 dwells on the right to social security; it states that all have the right to affordable housing, medicine, education, and child care, enough money to live on and medical help if he/she is sick or old. Article 26 states that education is a right and primary school should be free.

Government failure to offer social justice to the poor has led to youth especially those from poor neighbourhoods to engage in all manner of tactics to put food in their table. Few, due to frustration and desperation ,end up indulging in anti-social activities such as stealing and prostitution. The government on its side uses its dehumanised police to execute the said youth without adhering to the constitution of the country. The police actions has robbed many youths of their basic rights and therefore allowing them to be victims of injustice. The Government which is the main culprit, deceives people that it is addressing social justice by coming up with arbitrary policies which at the end fail to produce the desired results. For example In January 2013 the Kenyan Parliament enacted the Social Assistance Act. Under this law financial and social assistance was to be provided to poor orphans, vulnerable children, poor elderly persons, youth who are unemployed, disabled persons, widows and widowers, and people who have been disabled by acute chronic illness[2].

What is social justice?

It is the view that everyone deserves equal economic, political and social rights and opportunities.

Human Rights Approach to Social Justice

Human rights are basic rights which every human being is entitled to regardless of race, gender, nationality or ethnic origin they are intrinsic i.e. natural. They are not given by government, institution, spouse or parent. The role of government as far as human rights are concerned is to facilitate them. The international community has agreed to several key characteristics of human rights. These are:

 

• Universality: human rights belong to everyone in the world
• Equality: All rights are equally important
• Inalienability: rights cannot be taken away from people, but can be limited through legally sanctioned processes
• Indivisibility and interdependence: all the human rights are equally important for people to flourish and participate in society.

 

The human rights approach to social justice can be termed as turning to human rights to secure social, political, and economic objectives; to strengthen the capacity to use human rights to combat entrenched poverty, discrimination, and injustice.

Human Rights Defenders and Social Justice

A human rights defender (HRDs) can be said to be a person who promotes and protects the human rights of others and his own. In most cases HRDs apply social-justice principles by using knowledge of existing legal principles to protect the poor, oppressed, discriminated and powerless against the violators of social justice. The HRDs ensure that the poor and the disadvantaged are treated respectfully by duty-bearer stakeholders (state and its actors).  They also make sure that government bears the greatest responsibility or duty of facilitating access to social justice for all people irrespective of their class.

The Role of Human Rights Defenders in Protecting Social Justice

It is believed that peace is not possible where there are gross inequalities. People denied social justice will never cease to demand rights while those empowered by law to provide them will not yield until they are forced. This is because they benefit from status quo.  The duty bearers are always powerful and they normally do all manner of things to make sure that the status quo remain.  They normally use the state machineries such as police to execute their mission. On the other hand the HRDs who are part of the larger communities whose rights are denied strive to bring about the social justice and this puts them at risk. The duty bearers, as Indian writer and activist Arundhati Roy argues, have contributed in eroding the term social justice. Human rights violations are increasingly portrayed as unfortunate fallouts from an otherwise acceptable political and economic system.

[1] The International Forum for Social Development – Social Justice in an Open World: The Role of the United Nations United Nations Report 2006

[2] “Social justice a mirage for most Kenyans” by Kethi Kilonzo

Tuesday, the 17th of January found a group of us, from Mathare Social Justice Centre (MSJC) making our way to Mlango Kubwa for a community dialogue session on the issue of political precarity occasioned by the violence of the state against its citizens, and continually using the police as a tool for arbitrary arrests, malicious prosecutions, enforced disappearances and death of said suspects of crime.  Being a fortnight after Christmas, there would be expected some mirth in the community, with children playing or even, at least, conversations about the great year ahead. But all is sullen, most people restrict their movements to within their close neighbourhood, actually, we were invited to this particular area by the youth who were disturbed that they were being killed like dogs! They confided that a policeman in Mlango killed 6 people and the very next day 5 people. There was nothing to celebrate about the new year. No rest. No peace. This story of police brutality and then shattering anguish of the bereaved goes much the same way as it does in many parts of the country, Mathare forms part of the many ghettos within Kenya that are clouded with the plague of normalized extrajudicial executions. Alarmingly, these are perpetrated by a body established within the constitution and mandated to ensure security of the citizens. It is therefore ironical that here in Mathare, the custodians of law and order have become the harbinger and perpetrators of anarchy and broad-daylight executions.

It was noted in the dialogue that:

The policeman patrolling the area that may or may not be in their jurisdiction and that(he)

1. guns down one or more young men who are alleged criminals.
2. A gun finds it way to the body of the then diseased.
3. Usually a fake gun – Bonoko. Usually the very same one.

The Kenyan state has made extrajudicial killings and unlawful arrests excruciatingly mundane for the second class citizens, the residents who live to the east of the city. Dying in Nairobi is a particularly class thing.

It is about 10 am and people are quickly filling in. The few narrow benches against the walls are not sufficient to contain the numbers of mainly young people making their way into the building. There are as many men as there are women. The faces of the departed were present too. Painted on the t-shirts of friends and family whose existence continues to be etched on the scenes of the crimes.

The discussion begins with a short introduction of the people from MSJC. After this, Steve, speaks in detail on Article 49 of the constitution on the rights of arrested persons. Steve who is now a law student, grew up in Mlango Kubwa. As a member of the community, and as someone who has been unlawfully arrested, he speaks with a deep understanding of what it means to encounter the cruel hands of the law. The very idea, that one could demand for official details and reason for arrest from an armed and often times intoxicated policeman with a record for shooting at sheer will seemed incredulous to most. That one should refuse to pay a bribe to a policeman and face the risk (or have their friend or family) of languishing in jail was almost laughable if it was not so heart wrenching. It seemed that everyone so desperately wanted to believe Steve. To imagine that we too had rights, we too were citizens of this country; as human as everyone else.

Gacheke speaks: And people respond in intervals. Writing down a pledge on the funeral fundraiser book, printing t-shirts for burials and memorials sometimes for someone as young as 13 years old shot dead by the police is too tragic a routine to get used to. Fear is sown easily here. And so your neighbour may report you, sometimes, to save themselves. Or your aunt, who together with your mother and friends paid the bribe to have you released from jail asks back for her contribution. You were arrested for touting! Try and disprove that. What is a young jobless person to do? Of course, there are options. But very few options.

Someone asked the question – ‘and how many people have been killed’? Jonte answered – well over 500 young men have in the recent past been gunned down by the police. Where is justice to be found? The police will at best, ask for a bribe. Mama Rahma, who was just named the best human rights defender of the year, said, that when she goes to the police station to complains about muslim women being raped, the response of the police is ‘but you are used to being raped. It has happened to you since you were 12’. When we try to access the internal commission of police, we are stopped at the gates by the guards. Why? Because our clothes are as faded as our skin and we are immediately assumed to be thieves. The politicians and the chiefs are never to be found in these times. They appear cyclically every 5 years. People are not people. They are only voters. Now that the election registration season is here, they have once again appeared from whichever mansions they had sprinted into, leaving their promises to us cracking out in the sun. This time though, things have to be different. Maybe we should take the money they offer us and still vote them out. But whom should we vote in? Are they all we have? What has democracy done to the wretched of the Earth? What can the oppressed do to own their dignity? What is human dignity these days?

As if to illustrate the point of the conversation, a commotion suddenly broke out outside. A man sprinted past, a police man followed suit, with a thick crowd of young men growing bigger behind him. The meeting of course stopped. Most people poured out, some, immediately joining the crowd. A few strides later, the man was in the hands of the men. His name is Bizna. Some stones and sticks had found their way to his body. He still had some pieces of his shirt on him. As it turned out, there was a rivalry between the older men and younger men in Mlango over the control of business ‘tenders’ like garbage collection. The older men tried to take over, sometimes reporting the younger men to the police. And then what always happens happens. Gunshots. A dead body. And a police narrative to justify a reckless shooting of an unarmed youth. Luckily for Bizna, the younger men decided to take him to the police station. Meanwhile, Mama Uji, beautiful, fierce, spots a young man in the crowd who had earlier on stolen some of her clothes. Together with a friend they accost him, physically. ‘you will bring my clothes’! His terrified body is now crushed against the wall of our meeting hall. He begs for forgiveness. They lean into him, squeeze a little more air out of him, and then let him go. He stumbles towards the crowd proceeding to the police station. People flow back into the meeting.

A number of MSF people had filed in earlier, to speak on emergency medical services that are available in the general Eastlands area. They come at a point when we are well into the second month of the national doctors strike with no sign of respite. The national fever is voter registration. The government agenda is politicization of ethnicity. We are reminded that we are not patients. We can never be too sick to register as voters. To our ‘leaders’, we are only voters. They speak about the availability of emergency services. They hand out business cards with emergency numbers and appeal for patience. Because the public hospitals are barely functioning, their services are now on very high demand. Two of the MSF staff present are from Mathare and they speak not just about the services that MSF makes available, but also share their thoughts on the troubles that afflict this community. Should we seek to change our social relations and uproot exploitation from below, or should we agitate for political change from above? As these thoughts percolate, two staff members from the Internal Affairs Unit arrive. They had been invited to speak with community members on how to report police brutality, unlawful arrests and false charges. They went through Article 49 like Steve had just done. The questions. ‘How can we get into Jogoo house where your offices are, with the guards keeping us out’? ‘How can the duty roaster of the police in charge at the stations be made available so that we know who is charge on a particular day?’ and ‘What will be done about the known assailants – like Rashid for instance, an Administrative Police who has murdered so many young men, and whose gunshots have become the morning alarm clock’? What about the OCS Madam Lang’at at Huruma police station who undermines and dismisses our basic humanity at every turn?’ ‘Do you know that many policemen are intoxicated when they patrol this area?’ The response. ‘Unacceptable, here are our details, call us when you get to our offices – Steve, we will leave you with the details, we shall deal with these known cases. Follow up on the 17th of February’. It’s the old song, the same promises, but this time they do not promise any hope, their lies, their incompetence, their consistent failure to protect human dignity forms a rhythm, a sad dirge, a premonition that echoes into every alley way of Mathare, a chorus that reminds us that we are on our own.  Without jobs, without opportunities with the little education we have, and in a community that is not adequately served with schools, running water, hospitals and electricity, we are left to hustle for our own security. Democracy and Devolution has failed within the boundaries of our community. We are a people cast out -and the police have their muzzles gaping at us to keep us ‘disciplined’ ! We are daily wringed of our humanity!

But what can we do? Gacheke speaks about courage, like Maya Angelou did when she said ‘courage is the most important of all the virtues. You cant practice any other virtue consistently. You can practice any virtue erratically, but nothing consistently without courage’. We need to organize. Not with money. Not with the false sense of security and erratic donor funding and demands. Not with the political elite. But with our bodies, with our sense of courage, with our shared pains and hopes. Something is already happening. A group, The Pirates has emerged – an initiative of the Mlango Kubwa community against police violence. There were more suggestions. ‘Let’s have a wall of remembrance here. All the names and pictures of our community members murdered by the police. Let us create a project of self-reliance. Maybe we can even have a farm that generates income for us. Let’s take charge of our children’s education. Impart values of love and courage, however painful. They cannot separate us. They would have to kill us and bury us in one hole’. But even from our graves, we would rise. Our spirit is that of the MAUMAU, we cannot die, we cannot be wiped out. If they try, memory will remember us. Courage will stand for us. We shall keep struggling against oppression till every drop of blood collects into a  wave, strong enough to triumph against the walls of injustice. We do not cry for riches, to live in penthouses or to assassinate our enemies. Not at all. We cry for Social Justice. For the basics of life!

                        Report by Noosim Maimasiah and Kenyan Mwangi.

 Here are some pictures from this dialogue:

 

The Mathare Social Justice Centre (MSJC) condemns in the strongest possible terms, the Extra Judicial Executions of two UNARMED young men in Eastleigh on Friday 31 March 2017.

This brazen execution by known police officers is unfortunately not an isolated incident. Rather, it is the more publicized recording of a common occurrence in many Nairobi Eastlands areas, where the rule of law does not apply. These executions happen primarily in the poorer areas of Nairobi, because, as it is well known, all alleged suspects of the national theft in government have not been accorded the same treatment.

Is the rule of law not applicable to the poorer populations and the underclass of this country? And if so, is Kenya a democratic state? The rating of Kenya as having the highest rate of reported extrajudicial executions (Amnesty International, 122 out of 147) in Africa reveals a horrifying trend of a State degenerating into its crudest form and abandoning the democratic values enshrined in the constitution

Article 48 – 51 of our constitution guarantees every person the right to due process, while the Police Act is clear on the circumstances that justify the use of a firearm by the police. The murder by a policeman of unarmed subdued citizens can only be justified in a state of war. The reality of living in a democratic state should apply to all Kenyan citizens, irrespective of their class.

We therefore demand that:

1. The particular policeman who has been recorded and who has been incriminated in so many other such cases be arrested with immediate effect;
2. The other policemen responsible for these violations be immediately apprehended and the attendant legal procedures be instituted against the suspects;
3. The legal rights of all citizens be guaranteed under the constitution of this country;
4. The Nairobi County Police commander Japheth Koome be held accountable for the unconstitutional statements he made in support of extrajudicial executions;
5. The Cabinet Secretary of Internal Affairs Joseph Nkaissery, and the IGP give a statement on and a resolution for extrajudicial executions in the country;
6. The executive account for Kenya’s ranking as the country with the highest extrajudicial executions on the continent, and consequently explain whether Kenya is still a democratic state.

We are aware that the prevailing socio-economic and political circumstances are layered and intricate. They entail a long colonial history of racial and then class dehumanization compounded  by every successive government, and, attendant to it, the degenerate circumstances in which an underclass is produced, including the police and the alleged criminals. Creating and then criminalizing poverty only serves to produce criminality and violence. If this continues we can only ask: who is next?