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.
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!
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
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. 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.
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.
 The International Forum for Social Development – Social Justice in an Open World: The Role of the United Nations United Nations Report 2006
 “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)
guns down one or more young men who are alleged criminals.
A gun finds it way to the body of the then diseased.
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!
Anthony Mwoki Kanare (at the front of the picture) coordinator of our EJE campaign was detained by the police today April 19th. This illegal arrest is another example of the persecution of social justice activists who are demanding an end to police killings, violence and abuse of power in Mathare and in other poor settlements. We ask for your solidarity as we follow up on this case, and to support us to prevent the harassment of all Mathare residents including MSJC activists. In the last few months many of our members have been illegally detained or harassed as a direct result of their human rights work.
Here is Kanare’s experience in his own words:
“Today 19th April 2017 at around 8 am as we were walking along Pangani Muratina road Mlango Kubwa together with my friends Douglas Muchai and Samuel Waweru from Voice of Kiamaiko CBO, we were heading to Mission of Hope for our usual meeting with the Director, we were stopped by plain clothed police officers believed to be attached at Pangani Police station.They were driving in a Pro Box car KBX and forcefully arrested me Antony Mburu Mwoki. I was squeezed in the car boot where I found other three arrested persons. After three hours of mental torture, it was clear that this is criminalization, even with the intent of disappearing, for how they picked me is a symbolic that they are targeting the campaign of which I am the coordinator at MSJC — extra judicial executions and police brutality in Mathare. Douglas Muchai contacted field coordinator Kennedy Chindi of MSJC who raised the alarm of my illegal arrest, and members of Mathare human rights networks sent messages of solidarity and demanded my immediate release. It is after the mental torture in the boot for at least three hours, as they were trying to extract information related to the documentation of cases relating to police abuse of power and extra judicial executions that we do at Mathare Social Justice Centre (MSJC), that they released me. They asked me for a bribe of 1000 ksh which I refused and said I don’t bribe for my freedom. They released me along chai road and told me in swahili kwenda after they received a phone call.”
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:
The particular policeman who has been recorded and who has been incriminated in so many other such cases be arrested with immediate effect;
The other policemen responsible for these violations be immediately apprehended and the attendant legal procedures be instituted against the suspects;
The legal rights of all citizens be guaranteed under the constitution of this country;
The Nairobi County Police commander Japheth Koome be held accountable for the unconstitutional statements he made in support of extrajudicial executions;
The Cabinet Secretary of Internal Affairs Joseph Nkaissery, and the IGP give a statement on and a resolution for extrajudicial executions in the country;
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?
As part of our collaboration with the Kenya Palestine Solidarity Movement (KPSM), MSJC kicked off our Israeli Apartheid Week events today, Monday March 13th, with a screening of OCCUPATION 101. Please click on this KPSM link for more details on the collaborating organizations and the program for the next two weeks. The picture above shows our children in Mathare showing solidarity to the children of Palestine. Free Free Palestine!
Together with KenyaNaPalestine, MSJC will be hosting some of the events for Israeli Apartheid Week in Kenya. We support all struggles for justice and self determination, and are together with our Palestinian sisters and brothers in the fight against apartheid.