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Reflections

Legally Grown But I’m Still told to Pay My Dues

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Legally Grown But I'm Still told to Pay My Dues
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Millennials have been blamed for pretty much everything that is going on wrong in the world today. Marriage is failing, thanks to hook-up culture and Tinder’s “I’ll get with anything I swiped right on.” The real estate market is falling because millennials would rather spend all their money on avocado toast than take up mortgages and buy homes. The meat industry is failing because millennials care more about animals’ pain and after all, vegan is the new wave.

Millennials are entitled snowflakes with a fundamentally skewed sense of how the world really works. They complain on the Internet on how the baby boomers and Gen Xers have ruined the world with neoliberalism and polluted the planet with carbon emissions – if they are woke enough to simultaneously share a picture of their decaf soy latte next to a pristine Macbook on Instagram (#Workflow). They eschew responsibility and have a questionable attitude towards stable middle-management corporate jobs. They would rather “find themselves” by Air-B-n-bing and backpacking across continents, “do work that excites them” by building an app that delivers food via drones and “follow their passion” of selling torn clothes and labelling it avant-garde fashion – after all, if Kanye West did it, why can’t we?

“Why can’t they just listen? Why do they feel so damn entitled? Didn’t they know how hard we had it?”

***

The attitude the older generations have towards millennials, specifically, their perceived inability to “listen” to the words of the elder statesmen (and women) and the sheer gumption of making their future without being beholden to the past reminds me of an excerpt I recently read from The Secret Footballer: Access All Areas (Guardian Faber, 2015) on the author’s experiences coming through as a young professional footballer:

“Then a curious thing happened once I was signed by my first professional club: my fellow footballers, my teammates, laughed at me. I wasn’t a kid…they talked about me as if I was a teacher’s pet who had no idea how to play ‘proper’ football. I wouldn’t last five minutes. Some of them tried to bully me, until they realised that I bit back…

“I realised that the ritual was about keeping me in my place, but I wasn’t interested in playing along. They’d call it ‘paying your dues’, I hadn’t paid my dues in professional football. Fine. I’d call what went on a short-sighted, half-arsed form of bullying, really.

“Let me tell you the run of the before, the during and the after of that early football education. At first they laughed. The thought of a new nobody coming into their dressing room and into their dressing room was so strange to them that their only response could be to laugh. Then when the ‘nobody’ did well on the pitch it wasn’t so funny. They became jealous. This was counter to everything they had been taught to everything they had been taught when they started out in the academy, not long after they were potty-trained. His dues! His dues! He hasn’t paid his dues!”

It was all too relatable. Not because it was profound, but rather, because it was such an accurate description of my experiences in the legal profession for the past year and a half.

***

In the legal profession, “paying your dues” means ticking all the right boxes: an unforgiving four year slog in university (preferably a public one like THE University of Nairobi– never mind they have been on strike/closed for over a year– and counting); a backbreaking year at the Kenya School of Law, pass the bar exams administered by the Council of Legal Education – if you are lucky (an exam with a pass rate of only 10% or less, check the statistics); a six-month pupillage and a coveted spot “holding over” in a law firm. When you are done, Canaan beckons- admission to the Bar as an advocate of the High Court of Kenya, and all the rewards that follow.

While paying your dues, you should keep your head down. Be like a child in Victorian England – seen and not heard; preferably with a blend of stoicism and blandness of expression – think Mark Zuckerburg and his ill-fitting navy-blue suit before Congress. Offer no opinion on the irony as your boss points out that the Employment Act requires that employment contracts of more than three months to be in writing; yet you have never seen such a written contract for the ten months you have been employed there for a stipend that is way below the statutory minimum wage. Keep a stiff upper lip as you watch the former Chairman of the Commission on Administrative Justice, in open court, stating that being represented in court by a young lawyer is an act of “great contempt”. Smile and wave like the Penguins in Madagascar as your boss makes remarks, within earshot, that schools nowadays “produce nothing but half-baked lawyers.”

***

“Holding over” is a particularly loathed stage in an advocate’s career, falling just between the six-month statutory term of pupillage and admission to the Bar. It is a stage of professional purgatory – you are not a pupil but you are not an advocate either. It gets worse if you are in a firm where the carrot of being retained as an associate turns pupillage from what is meant to be a learning experience to a bare-knuckled Hobbesian fight to the death; a nasty, brutish and short period.

Immediately after my six-month pupillage, I was physically, mentally and emotionally exhausted. I politely declined a very generous offer to stay on at the firm and instead took the time off to recuperate. I lived my best life for the next three months: no more waking up at 5 a.m. to battle with the insane Nairobi traffic. A normal day would start at 11 a.m. with a healthy brunch and a dose of Netflix. I was on twitter for most of the day – sharing memes. I experimented with some projects – I started a legal blog that crashed and burned, miserably so on account of low readership. To earn a few coins, I took on research projects for law firms, “consulting” – I called it, to give a sheen of respectability to the work.

My decision brought immeasurable strain in my relationships. My parents were supportive, of course, they were, but I could always see the shake of the head and the silent sigh over the dinner table. The person I was “talking to” at the time could not handle my “lack of ambition.” My friends thought I had genuinely lost it. To them, I had committed the cardinal sin of looking a gift horse in the mouth and labelling it a sneaky gift from the Greeks “So much potential and you are here, throwing it all away.”

How could I turn down such a marvellous opportunity to make a reputation? How was I to get my name out there? Did I want to make it in this profession without paying my dues?

***

As recently as 2012, it was actually an offence for an advocate to start their own firm straight after being admitted to the Bar. One had to serve for at least two years under someone who had been in practice for five years, before entertaining the thought of going solo. It was a very invidious piece of gatekeeping backed by legislation – more specifically section 32 of the Advocates’ Act; naturally in true Kenyan fashion after the promulgation of the 2010 Constitution, someone went to court to challenge this.

The petitioners in Okenyo Omwansa George & another v Attorney General & 2 others [2012] eKLR argued that this particular provision of the law was unconstitutional, as it subjected young advocates to forced labour and servitude. The law compelled a young advocate to work for someone against their will so as to attain an expected level of learning and experience in the legal profession to branch out on their own.

The respondents had a different view, of course. The rules were there for a reason: for the young lawyers’ own good. Supervised practice enables young advocates to gain experience under the tutelage of senior advocates, which prepares young advocates to discharge their most noble calling. It is a good idea to protect the public from the impetuousness of youth and their propensity to make mistakes.

The Honourable Mr Justice Majanja agreed with the respondent. He reasoned that the pursuit of a legal career is a voluntary act. Nobody forced anyone to become an advocate, the petitioners fully knew what the statutory requirements were. Furthermore, slaves do not have the luxury of leaving. The best the petitioners could do was to quit whining and suck it up for the two years.

This decision was short-lived. Section 50(2) of the Legal Education Act, 2012 repealed the dreaded section 32 of the Advocates’ Act. Free at last, free at last, young advocates were free at last, to practise on their own.

***

After my admission to the Bar in December 2016, the charade was up. I was 26, squatting at my parents’ house. The pressure was on to do something more meaningful with my life other than “writing things on the Internet.” I was tired of being broke. My rebellious nature ensured that I had burnt most of my bridges. This, coupled with the slight taste of freedom I had recently begun to enjoy, meant I was, for all intents and purposes, unemployable in conventional legal practice. Thankfully, the law allowed me to start practising law in the way I thought fit and in the words of the modern-day philosopher, Russell Westbrook III, I asked myself, “Why not?”

I realised that this was an undertaking I could not possibly accomplish by myself. I partnered with a friend (also 26) from university and law school, who was equally “directionless” according to his grandparents. We cobbled together a few resources and started drafting plans. In our youthful naiveté, we picked the worst possible time to start a new business. It was July 2017, a month before the General Elections. The way this country is set up, any semblance of economic activity is informally suspended for months before (and especially after) the elections.

“Let us see how this thing will turn out, then we’ll talk,” was the default Kenyan stock answer we got. In the very rare event we were fortunate to get some work, we did not get paid, because “Let us see how this thing will turn out, then we’ll talk.”

When the skirmishes broke out after the result of the August 8th election, I was mightily relieved that I would not have to go to our threadbare office – it was literally four walls and a room. I live near Kawangware and I was marooned in the house, in fear (but relieved) as the police brutally cracked down on non-existent protests. Even if I ventured out, there was absolutely no work to be done. When the Supreme Court nullified the results of the August 8th election and ordered a fresh election, my partner and I took it on our glass chins, because the cycle of “Let us see how this thing will turn out, then we’ll talk” had just begun. Again.

***

An outcome of the August 8th election was the deluge of election petitions that were filed. My partner was politically savvy and had made friends with clients at the firm where he had undertaken his pupillage. One of them was a losing aspirant who wanted us to file his election petition. We could smell the big time.

The politician was none too pleased with our quotation. In a heated exchange with my partner, he made a huge meal of the fact that he did not go with “experience” but rather with young hungry advocates. “You charge way too much for people just starting out. Give me a rate that reflects your ‘experience’. Otherwise, you’re just being too greedy, asking for too much, too soon.”

We refused his offer. He never filed his petition and poof! The big time vanished.

We learnt an important lesson along the way, reinforced by many futile attempts at bidding for work, identifying the dog whistles.

Experience”. “Solidity.”

“People who have done this for years.”

“People who know what they are doing, not those who will learn on the job.”

Another experience my partner had was with one of his grandfather’s friends from the village. People generally do not take advice, especially legal advice, from people younger than their last-born children.

“Young man, I saw when your mother was changing your diapers. We held a harambee for you to study law, and YOU are here telling ME that I have to subdivide my land to MY DAUGHTER! YOUNG PEOPLE OF NOWADAYS, NO RESPECT FOR CULTURE! I WILL TAKE THIS UP WITH YOUR GRANDFATHER!”

That is not as funny as clients who openly question your age or your looks.

“I would prefer if you tried to at least grow a beard. It would give the impression that you are not 17.”

***

I recently sat down to lunch with a friend making the transition back into legal practice after a stint in academia. I had met her on one of these Law Society of Kenya things where people just love listening to the sound of their own voices, struck a good conversation and a respectful professional friendship. It is not every day I can call a PhD holder and ask her to have lunch. Over a very meh glass of red wine (her words) that was not a Merlot (I learned what a Merlot was not on that day), we shot the breeze and talked shop, from the Miguna saga to what the Lands Ministry was doing with e-conveyancing.

“I mean, be honest, you older lawyers, don’t respect young lawyers, and that’s a fact.” I suggested.

She gave me that long withering stare Stringer Bell reserved for his dumb hoodlums in The Wire. It did not help that she is bespectacled.

“First of all…”

I knew I was going to get it, and by it, I do not mean a Head of State Commendation.

“I have a legal assistant, who for all intents and purposes, is clueless. Zero initiative. He thinks he knows it all already so he doesn’t listen. You young people are too entitled yet you don’t want to put in the work. I understand you don’t have to go through our experiences, or live a life as hard as we did. I don’t expect you to read 100 law reports when kenyalaw.org have it for free, but come on. Basic stuff like punctuality, politeness, work ethic. Some of you make it so incredibly hard to take you seriously.”

“But…but…the pay,” I countered.

“The pay, we could do better with the pay, but the way this Kenyan economy is set up…we all got paid peanuts. Suck it up and get on with it.”

***

On the way back from lunch, I was still frothing indignantly about being owned, so I turned to my Instagram. An acquaintance from law school had posted his first draft of an agreement they were working on. On Instagram Stories, with the hashtag #LawyerLife #RespectTheHustle. It is really hard to defend millennials when someone pulls this kind of stunt and claims to take their work, their ethical obligations and themselves, seriously.

But the older generation has to understand that this is a new world and the worst thing they can possibly say to us is, “Well, in my day, we did it like this.” We do not have to walk to school for ten kilometres barefoot just because you did it “back in our day”, and we do not have to use a tin-and-wick lamps to study when there are solar-powered lights. We do not have to suffer the indignities you did on the come up; to insist on such and calling it “toughening up” is nothing more than institutionalised hazing.

As a young professional, I am sick and tired of being patronized by my seniors and made to feel as if I am not working hard enough, or that I do not belong, despite the Churchillian blood, sweat and tears I have spent getting here. There is no need for me to work twice as hard to be considered half as good, in the face of insurmountable obstacles placed by older people who have wreaked havoc on this economy through decades of mismanagement and poor governance. I will certainly not be called “half-baked” by someone who is in charge of teaching and churning out the “half-baked” student, after ruining the education system through underfunding, poor teaching methods and the rapacious pursuit of profit. I will not “respect my elders” when they have done very little to show me why they deserve that respect, other than being old.

And, no, I will not be paying my dues anytime soon, because I am coming out to claim them.

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Martin K. Maitha loves getting funky haircuts and tweets about football banter. When he is not too distracted by the latest Spongebob meme, he creates the time to practice law as an advocate of the High Court of Kenya and occasionally write pieces like this one.

Reflections

Will We in Kenya Ever Respect Each Other’s Bodies, Lives and Rights?

Being queer in Kenya is dangerous and being denied the same rights and freedoms accorded to other Kenyans is our reality.

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Will We in Kenya Ever Respect Each Other’s Bodies, Lives and Rights?
Photo: Instagram/Sheila Adhiambo Lumumba
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Sheila Adhiambo Lumumba was buried clad in a white suit and a black shirt. Black was her favourite colour. Their coffin was also white, almost porcelain white, with gold-plated handles. To jog your memory, Sheila Lumumba was brutally murdered in their flat in Karatina in April 2022. Just a few weeks ago. Their body was discovered having been stabbed severally, bludgeoned, and sexually assaulted in a place they had presumed was safe—their home.

Home. Sheila identified as a non-binary lesbian. And preferred to use the pronouns they/them instead of she/her. That is what they wanted. I came across several media reports that described them as an alleged lesbian! No one needs to prove their sexuality or gender identity to anyone. Sheila knew who they were, and so did her parents and relatives who mattered to them.

Here is a quick tutorial for those unaware of pronouns and the term non-binary. Non-binary is an umbrella term referring to individuals who experience gender that is neither exclusively male/female nor in-between. Sometimes gender non-conforming and non-binary are terms used interchangeably. Hence the use of they-them as pronouns. For example, Sheila used they-them to identify themselves. LGBTQ or even queer could be used as a collective term if you struggle with the non-binary concept. However, it would be respectable to address a person with their preferred pronoun – they-them, she-her or he-him. Class dismissed.

You might say, wacheni! Hawa watu are making it complicated to understand. However, the concept of existing outside the female-male binary also existed in some African cultures. In Transgender History and Geography, G.G. Bolich writes:

“Before the implementation of rigid European rigid binaries, within the Dagaaba tribe of Ghana, Burkina Faso, and the Ivory Coast, gender identity was determined differently. Shaman Malidoma Somé of the Dagaaba says that gender to the tribe is not dependent upon sexual anatomy. ‘It is purely energetic. In that context, one who is physically male can vibrate female energy and vice versa. That is where the real gender is.’ The Igbo of Nigeria, also in Western Africa, ‘appear to assign gender around age 5’. In Central Africa, the Mbuti do not designate a specific gender to a child until after puberty, in direct contrast to Western society.”

Sheila may have looked female, but how they felt and presented themselves daily came from a place deep within themselves. It made them be at peace with how they were created. Who are we to argue with that? Sexual orientation is about who you’re attracted to and who you feel drawn to romantically, emotionally, and sexually. Gender identity is about who you are. Diversity is a delightful thing—just look at the nature around us. Why can’t we see one another as beautifully and wonderfully made?

Sheila was also beautifully and wonderfully made, the eldest daughter to John and Millicent and elder sibling to Derrick. Yet Sheila’s killers did not see them as beautiful or wonderful. They did not see them as a daughter, as a sibling. Their killers probably didn’t like the fact, that alijijua and how they presented themselves and so they sought to put Sheila “right”. These men chose violence instead of knowledge and thought the best way to understand Sheila was with their penises and not their minds. But Sheila was a strong person. They were a foodie who enjoyed working out and was deliberate in how they consumed the food. You can tell from the photos online they loved how they looked.

We are yet to know what happened within Sheila’s home, but they did not deserve the rape, the stabbing, the beating, and bleeding to death. We know it was not one man but many cowardly men who ended Sheila’s life. There was corrective rape that took place. Let us call it what it is. Let that sit with you.

Kenya is not safe for women. It is even more dangerous for queer women. There is no haki iwe ngao for them to even safely report the abuse and harassment they have to endure daily. Our streets are hard for our women. Why are we as a nation so threatened and insecure about our women? Why are we as a society intimidated by individuals ambao wanajijua or choose not to conform, those who choose to be different? Why are we happier saying we are trying, yet the fruits of our failure are evident to all? Why do we want to be seen to be surviving rather than thriving? Why are we scared of ourselves? And why do we quickly resort to violent words or fists when we see individuals walk into their own?

Sheila had walked into who they were. But, to her assailants, that was not the done thing. We despise umama (femineity), and reward it with unyama. Just look at the language used against every female political aspirant in the run-up to the elections. Why do we hate our girlfriends, wives, mothers, daughters, sisters, aunts, nieces and grandmothers?

You can’t tell me otherwise because Kenya would be a safer space for women if this were not true. But, heck, we’ve added the blood of a murdered Olympian onto our hands. Even Agnes Tirop’s hard-earned success brought no peace to her abusive marriage. First, Tirop was cheered on as she ran for Kenya but ignored when she wanted to run for her life. Then, Damaris Muthee, another athlete, was killed by her boyfriend ten months later. Let’s add 19-year-old KIMC student, Purity Wangeci to the list of murdered women, whose death is making the headlines as I write this.

In March 2022, a female driver was assaulted in her car. Ironically, on Wangari Maathai Road. Her piercing screams did not bring safety but instead brought out smartphones and octopus hands that groped and invaded her body, bringing up the latent fear women constantly carry to the fore. We bully our women on the streets, on the roads, on public transport, in the workplace, in schools and universities, and even in places of worship. And we kill them in their homes.

Incidentally, this was not the first time Sheila had experienced violence in their life. The Lumumba family were victims of the post-election violence of 2008. They lived in Naivasha at that time. Sheila’s dad, John, ran a successful bar in addition to working at a nearby lakeside county club. Millicent, Sheila’s mum, ran a shop. They didn’t believe that their neighbours would turn on them. The Lumumbas were known to all. But when they fled Naivasha for Nairobi, they left with nothing but their lives. They lost everything. Everything. The Lumumbas are suffering a more profound loss than the loss of material things. We as a nation know the pain of 2008. We as a nation almost lost Kenya, and it seems that we forget that we all grieved.

In a recent piece that appeared in the East African Standard, Clay Muganda stated that it was time for Kenya to have a serious conversation about the queer community. I was almost grateful for that piece, but Clay chose to misgender Sheila, missing the opportunity to educate his readership and disrespecting Sheila. He stated that homosexuality in Kenya is illegal, yet it is not. Homosexual sex is, but just to let you know, ALL sex that doesn’t result in conception, as per Penal Code 162, is illegal. He described us, Sheila included, as entitled and said that we should stop playing the victim card and accept that not all will like us.

Sheila is now a victim, and their murderers didn’t like them. Their death hit the LGBTQI+ community hard. Being “allegedly” queer in Kenya is dangerous. The fact that you can be denied the same rights and freedoms accorded to other Kenyans is our reality. At least six other murders have occurred in the last two years, and the murderers roam free. Even before the pink and white roses that draped Sheila’s grave had begun to wilt and dry, there was another brutal attack on a 50-year-old intersex person who was found raped and murdered in Cherang’any, Trans Nzoia.

The police response is lacklustre, almost to the point that it feels like a queer death is almost deserved. Sadly, this response is mirrored in the press and in the society in general. We are invisible and described as “none-issues” in life and death. Families sanitise the funerals of queer community members, and the “gay” is swept away. This form of erasure is an insult to the deceased’s legacy.

I applaud Sheila’s parents because they saw their child for who they were. Sheila’s coming out may have been hard to swallow, but they saw Sheila in the way they wanted to be seen. How Sheila chose to present themselves was a known fact by cousins as well. Their funeral was attended by busloads of members of the LGBTQI+ community who descended upon the ancestral home in Gem and supported the Lumumba family in laying Sheila to rest.

Sheila was surrounded by love and loved people. They spoke their mind and told it like it is. They were headstrong, disciplined, funny, and enjoyed having a good time. Sheila also loved reggae. They were also growing and learning, realising that adulting was not easy, and they had to work hard and navigate a country that doesn’t protect its women, queer or otherwise.

Research conducted in 2020 by the National Crime Research Centre established that the number of Gender-Based Violence (GBV) cases recorded between January and June 2020, saw a 92 per cent increase in violence compared to the previous year. These were incidents of rape or attempted rape, sexual offences, defilement, child marriage and murder. As you digest that 92 per cent increase, consider this: female victims accounted for 71 per cent of the roughly 2,400 cases reported. The report puts it bluntly, stating that ten females are assaulted daily. So, do you think we still love our women?

Let’s not forget the verbal assaults and harassment that don’t make the data sets. A friend of mine revealed that she was accosted by a police officer who asked why she was harassing men by showing off her cleavage. His hand was on his penis as he spoke to her. She discovered that she was not the first woman he had harassed this way at this particular location. This lewd encounter can be echoed a hundred thousand times across the country. What do you do when the people who are meant to protect you also harass you?

Kenya is not safe for its women, for all men are a potential threat. Me included. Our muted ears and whimpered reactions have driven women into becoming invisible and silent bearers of pain, walking around in fear so that they can get home in one piece. But is home safe? Maybe Sheila should answer that?

We are turning into a nation where those who stand out or speak out or choose to be different, and more so our women, find themselves abused or assaulted or with bludgeoned bodies, shattered spirits, skittish steps, and deflated dreams. And sadly, those who speak out against this carnage are branded noise-makers, prostitutes, feminists or puppets. And this is how subtle efforts to champion truth are being silenced. Haki is no longer our ngao.

The International Day against Homophobia, Biphobia and Transphobia is commemorated on May 17th. This year’s (2022) theme is “our bodies, our lives, and our rights”. This day is important to the LGBTQI+ community here in Kenya and worldwide. However, following Sheila’s death and the continuum of violence that targets women, queer or straight, this year cannot be celebrated in a silo. Queer persons in Kenya will still not matter. Furthermore, female bodies, lives and rights will remain unprotected, punches and penises will continue proclaiming the patriarchy, and liberty and freedoms will be moralised.

Sadly, Sheila Lumumba will join the army of fatalities, thanks to our thin memories and lackadaisical law enforcement, as we choose to ignore the bloodied hands that stained Sheila’s walls.

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Reflections

Kenya’s Social Justice Movement: Remembering Our Unsung Heroes

Gathanga Ndung’u commemorates activists whose lives were snatched away by Kenya’s brutal capitalism. Activists who launched a war against a system of impunity, a world one hundred times larger, mightier, and older than them, but, Ndung’u explains, that each of them mounted a defence to protect and defend their comrades and communities.

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Kenya’s Social Justice Movement: Remembering Our Unsung Heroes
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The independence struggle of 1920 to 1963 against the colonial government was followed by the second liberation struggle from 1982 to 1992 against the dictatorship of the President Daniel Arap Moi. This was a fight for democracy, a just constitution and a fight for civic space. This culminated with repealing of Section 2A of the constitution in December 1991 which had made Kenya a one-party state for almost a decade. The new, or third wave of liberation has been carried out by social justice movements in Kenya together with a multitude of organisations.

This reflection focuses on three committed activists whose lives were cut short by the same system that took our independence heroes. They dedicated their lives in the new wave of struggle which has been characterised by extra-judicial executions and enforced disappearances by the police, the shrinking of democratic space, high level corruption, the ever-widening gap between the poor and rich and the privatisation of basic services.

The Social Justice Centres’ Working Group (SJCWG) is an umbrella body of more than sixty social justice centres based in the communities across the country. It was formed early in 2018 when individual grassroots human rights centres decided to come together to tackle the many injustices in the country and more so in the poor urban areas. The Social Justice Centres Movement has also suffered losses in its five years of existence with the lives of three human rights defender (HRD’s) ending in tragic ways. The richness of life is not through material accumulation, but rather through the impact we make on others.

In this post I celebrate the lives and activism of our fallen comrades as a testament to their work and in the hope that they did not die in vain, and they can inspire others.

Carol ‘Mtetezi’ Mwatha

Carol Mwatha was a mother of two and was a vibrant and committed human rights defender who dedicated her life to serving the community. She worked to ensure that the streets were safe for the youths who had been a target of police killings, arbitrary arrests, extortion and harassments. She started her activism long before the formation of Dandora Community Justice Centre (DCJC) and she had created an elaborate network with other community organisers, activists and organisations fighting for the same cause.

The truth about her tragic end will probably never be known due to the manner in which the state agents hastily created what seemed like an obvious cover up and disseminated the story to media houses without reaching out to the family first, as protocol would have demanded. This was a deliberate move to control the narrative. Carol went missing on 6 February 2019 only to be found at the city morgue on 12 February registered under a wrong name. Her family and friends had been at the same facility on the 8 and 9 February and didn’t find her among those that had been brought to the facility from the day she went missing.

The police story lacked credence from the very beginning. The mortuary attendants failed to disclose the officer in charge on the day she was purportedly brought to the morgue. The post-mortem was delayed, and even then, the wrong name was suspiciously entered – Carolyn Mbeki – and the police went ahead and informed the media of her ‘discovery’ on 12 February even before informing the family.

Carol was a visionary leader with excellent organisational and mobilisation talents. The idea of forming a centre in the community was taken in her house at an informal meeting with her comrades. She saw the need to have a community centre to bring different community organisers into Dandora under one umbrella and speak in one voice. She sat down together with her comrades from DCJC and committed to organising and mobilising her community against the many social injustices they experienced daily.

As a mother, Carol rejected the idea of bringing-up her children in a context where injustices are normalised. To this end, she committed to fight extra-judicial killings, police extortion, arbitrary arrests and harassment of youths which were and still are a common trend in Dandora and other high-density and poor neighbourhoods. She knew what she was standing against but her zeal for a safe Dandora superseded her fears. Alaman James, a long-time friend of Carol notes she was a frequent visitor to Kwa Mbao Police Post and other police stations in Dandora as she tried to secure the freedom of community members who had been arbitrarily arrested. Alaman recounts how Carol – his church friend turned activist – spent countless hours going late at the night to police stations and from one organisation to another trying to help victims. Her resolve to follow-up police killings set her against powerful forces which were used to acting with complete impunity. The establishment of DCJC in the community definitely sent a strong a message which made these forces feel threatened.

Faith Kasina, another close friend of Carol and a coordinator of Kayole Community Justice Centre, described her as a mother figure to most of her comrades. Despite her lean frame, she had wide shoulders for her comrades to lean on when they needed her. She was an elder sister, a mother figure to some, and a close confidant to many. Faith talks of a comrade who would frequently reach out to her friends and comrades just to make sure they were well. Through her friends’ accounts, I learnt about a leading comrade who stood against overwhelming odds no matter the outcome.

Carol Mwatha launched a war against a system of impunity, a system one hundred times larger than her, mightier than her, older than her, but she mounted a defence to protect her children and the community where she lived.

Henry Ekal Lober “Turu”

On 21 February 2021, we lost another committed comrade. Members of the social justice movement learnt of his death after a six-day search ended with the tragic revelation. Ekal had lost consciousness and was taken to Kenyatta National Hospital. Members of his social justice centre had spent days looking for him without help from the hospital administration. With the lethargy and negligence in our public hospitals and because he was not accompanied by anyone to the hospital, he was left to the mercy of fate. He succumbed to his condition and died.

Ekal or Turu as he was known by many, hailed from Loki in Turkana hence his alias. Just like many in Mathare, Ekal found a second home there and he would spend the rest of his years in the community. He came to Nairobi looking for a promising life after leaving his pastoralist family hundreds of kilometres from the capital. Mathare welcomed him with open arms, and he ‘fell in love’ with the place, never to return home.

Ekal had slurred speech, a limp and wound that had become septic overtime, and he struggled with both alcoholism and the institutionalised poverty in the ghettos of the city. Despite these problems, he was a forever jovial, brutally honest with everyone and coherent when it came to articulating issues of injustices caused by the system. For this, some referred to him as professor.

Mary Njeri, one of the administrators at Mathare Social Justice Centre (MSJC), recalls her moments with Ekal with nostalgia: “Even though he struggled with alcoholism, he was smart and very clear when it came to articulating his thoughts and what he envisioned for the community. He always carried a pen and a book for jotting down ideas and reflections and a magazine to read in his free time. I sometimes wondered what he would be scribbling and one day out of curiosity, I decided to have a look in one of his notebooks …I was shocked to learn that Ekal was conducting one-man research on Water Accessibility in Kosovo, an area of Mathare where he lived. He did all this with zero budget. Despite his failing health, he would criss-cross the narrow alleys to interview residents on his topic.”

On this particular day, he came straight to Njeri. She wrote and translated the conversation that ensued:

Ekal: Hello Njeri

Njeri: I’m fine, what about you?

Ekal: I’m fine. Are you still in college? Do you know how to use a computer?

Njeri: Yeah, I know how to.

Ekal: (Unfolding his research papers), I would like you type up my research report on water.

Njeri was left speechless after going through the content of his research. It was written in a very clear manner capturing most aspects of the water crisis. Ekal was proactive when it came to action and chose to do what was needed without waiting for donors to fund his work. This is the true spirit of an organic community organiser. Apart from this, he always wrote articles which he would ask comrades to type for him. Yet he was an intellectual that got smothered by the system, slowly sucking his dreams out of him, leaving him hollow and broken.

Ekal was a committed member of Bunge La Mwananchi (People’s Parliament). It is from this space where he became friends with Gacheke Gachihi one of the founder members of MSJC. Ekal floated the idea of forming a JM Kariuki Social Justice Centre named after Josiah Mwangi ‘JM’ Kariuki, who was an activist and politician assassinated during Jomo Kenyatta’s regime. MSJC would later be formed in 2014 to document and fight extrajudicial killings, enforced disappearances and other social injustices.

I came to know Ekal in 2020 at various functions organised by MSJC. In all these meetings, he always created ‘beautiful trouble’, the kind of trouble I call, ‘necessary trouble’. He would not let the meetings proceed without following protocol. He would speak his mind and oppose anything that he deemed not to be in the spirit of true and radical justice.

According to Njeri, Ekal wouldn’t hide his disappointments and offer his unsolicited criticism and would repeat it over and over until his counsel was heeded. And of course, it was always positive criticism. Through this approach, he was instrumental in MSJC’s growth and helped to ensure that the centre did not veer off from its core and founding mandates.

Oyunga Pala, a Kenyan journalist, columnist and an editor, teamed up with Ekal and became a committed member of the Mathare Green Movement where, with Ekal, he embarked on an ambitious project to clean and green Mathare. Hailing from the arid areas of Turkana in Northwest Kenya, Ekal understood very well the role trees play in our ecology. He invested his time in increasing the tree cover of Mathare knowing very well that most of the trees wouldn’t benefit him personally but would serve the generations to come.

The Mathare Green Movement went ahead and transformed garbage sites and polluted areas into small parks. These small parks serve as oases of hope in Mathare giving us a sneak preview of the Mathare dream that Ekal believed in. In his final tribute to Ekal, Oyunga Pala describes the futuristic dream that Ekal saw for Mathare; the future where youths could craft their destinies by being proactive in shaping and charting a new path full of hope. Ekal was one of the few comrades who was proactive, pragmatic, brutally honest, and committed to the struggle with a jovial soul. He always strived to rise above the system’s dragnets stifling his spirit.

This is my ode to Ekal:

May the homeless birds from the wilderness find a tree to perch on in Mathare,

from a restless journey may they find home, an oasis of peace and comfort.

May your trees be home to thousands of homeless birds,

ejected from their ancestral homes due to ecological disruption.

May your trees clean the foul air in Mathare,

the foul air of ethnicity, crime, despair and hopelessness

 and breathe out fresh air rich in hope, a brighter future and common goal of prosperity.

May the roots of your trees hold together the soil of Mathare,

the soil with the blood of Mau Mau and many slain youths.

May that rich history be held together by the roots of your trees.

May that soil never be eroded or washed away.

Let your trees hold the rich history for us and for the future generations.

Alphonce Genga

On 4 February 2022, the Social Justice Centres’ Movement was thrown into yet another deep mourning after the sudden death of Comrade Alphonse Genga. Alphonse was a 21-year old comrade of Githurai Social Justice Centre (GSJC) whose demise occurred four days to from his 22nd birthday.

Brian Mathenge, a close friend, and a colleague of Alphonse paints a picture of a young, vibrant comrade fresh from school, who decided to make an impact in his community. He chose the unfamiliar route, to commit his life to protect the weak, the marginalised, the voiceless and the poor in Kenya. Within a year, Alphonse was a powerhouse in activist circles due to his sincere commitment. He used art to reach out to more community members and to educate, organise and mobilise.

Alphonse would later join the Mau Mau study cell organised in Githurai. Through the ideological grounding classes he attended, he joined the Communist Party of Kenya (CPK) where he dedicated his time to reading and understanding Marxist theory. This sharpened him politically and he would later use the same knowledge to reach more people from his area of residence in Roysambu. He preached and practiced socialism.

Alphonse wore many hats, but if there is one aspect that defined him it was his commitment to ecological justice. He took part in the annual climate strike, he had joined several ecological justice groups such as Eco-Vista, Ecological Justice League, Kasarani Ecological League, Green Jewel Movement and Githurai Green Movement among others.

During the posthumous birthday and celebration of his life, one of his friends confessed that Alphonse had quit football, giving up a talent that he had nurtured since childhood so that he could spend more time in the fight for his community in Githurai.

On 2 February, he was involved in a road accident. He suffered an internal head injury and a broken arm. He was rushed to Kenyatta National Hospital (KNH) where he was left unattended for more than ten hours, yet he was a critical condition. Alphonse was in acute pain; his centre members were in panic in the hospital compound. It was only after a confrontation between his friends and the hospital staff that the doctors attended to him although with great lethargy. At the time of his death, his broken arm had not been attended to, more than 36 hours after admission. It was this kind of neglect in a system dominated by privatised healthcare that gradually and painfully squeezed the life out of Alphonse. The same healthcare system he was fighting to improve cut his life abruptly short.

It is an agonising fact which makes one reel with pain to learn that a public hospital such as KNH has a private wing to attend to their well-to-do clientele while the general populace is segregated in general wards without enough medics, nurses, drugs and beds for patients. Only the rich get services as they can afford to pay for them while the poor daily die in droves. Privatisation of the healthcare system in the country has turned the entire system into a for-profit venture.

To give a befitting tribute to our fallen comrade, it is the responsibility of every comrade to demand a total overhaul of the cartel-ridden healthcare system and replace it with a service that serves the people.

In the spirit of Alphonse Genga, it’s NOT YET UHURU until our healthcare is liberated. Let’s ensure we fight for justice, dignified lives, and a better healthcare system as comrade Genga lived doing.

This article was first published by ROAPE.

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Reflections

The Nairobi We Want: Re-Imagining the City Through a Public Commuter Train System

In designing my map of Kenya Railways, I was fascinated by the history of the meter-gauge network and the new Standard Gauge Railroad. But what stood out to me was that the lines of the Nairobi Commuter Rail network were short, had only a few stops, and only operated a few times a day.

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The Nairobi We Want: Re-Imagining the City Through a Public Commuter Train System
Photo: Guss B on Unsplash
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My name is Kara Fischer! I currently live in New York City, and I’m 24 years old. I’ve loved trains for as long as I can remember, and I’ve been making fantasy maps ever since I was eleven years old, when I visited Europe and saw trains absolutely everywhere—it was nothing like the almost-nonexistent train system at home in the United States. I wanted to imagine what it would be like if the United States had just as many trains as Europe, and so I started sketching maps with pencil and paper, one state at a time.

A few years later, I discovered Cameron Booth’s blog transitmap.net, which collected and reviewed maps from all over the world. Seeing all the wonderful maps on that blog inspired me to start mapping existing systems as well as imaginary ones, and I decided to make my own blog, at https://thetransitgirl.tumblr.com/. While my maps did land me one brief summer job with my state’s Department of Transportation, for most of my life my mapmaking has just been a hobby, where I’d make maps in my spare time while working towards my dream career of writing stories for animated film and television.

Until recently, most of the maps I made were focused on the United States, with a few maps of European cities mixed in. However, that changed at the start of 2022 when I saw a news article about Morocco’s Al Boraq high-speed rail line. I’d had no idea that Morocco actually had high-speed rail at all, and when I looked into it I found that Morocco had a fascinating network of high-speed, intercity, and local trains, with a level of service far greater than what we have in the US. But what I couldn’t find was a map clearly showing the service patterns—and so I decided to make one myself, piecing together all the information I could find online. I’m certain there are errors, including a few missing stations, but I was still quite proud of the map I created.

Since Morocco’s network had wound up being an unexpected joy, I started researching railway networks around the world to try to find other countries to map. Many countries had networks far too large to permit showing all stations in a single map, while many more countries only had one or two train routes, if any. And of the countries that did have networks of the size I was looking for, most didn’t post their timetables online, or had websites that weren’t viewable from the United States. But I did end up finding two national networks that I wanted to map—Estonia and Kenya.

In designing my map of Kenya Railways, I was fascinated by the history of the meter-gauge network and the new Standard Gauge Railroad. But what stood out to me was that the lines of the Nairobi Commuter Rail network were short, had only a few stops, and only operated a few times a day. This was different from most of the systems I’d seen elsewhere in the world: usually, lines with infrequent service and spread-out stops would go considerably further from the city center, while short lines that stayed mostly within a city would have frequent service and lots of stops close together. So the way I saw it, Nairobi was using commuter rail to do a metro’s job, and its current network wasn’t serving the needs of the citizens. This was remarkable to me since I knew most people in Nairobi didn’t have cars.

Nairobi Metro Schematic Map

And that’s what raised the question: what if Nairobi had an actual metro, with frequent stops and frequent service? Where would the lines go? Almost on a whim, I decided to try making a fantasy map, just like the maps I’d made since I was eleven.

I started with the existing commuter rail lines as a template, and the first change I made was to add more frequent stations. I looked at both Apple Maps and Google Maps to try to spot the major roads and population centers along the train lines, and I started adding stations in locations designed to be easy to get to, mostly along major roads. Outside the city center, I tried to have stations be approximately one kilometer apart: that way, the entire path of the route would have stations within walking distance, but there wouldn’t be so many stations that the trains would be slowed down by all the stops they’d have to make. Within the city center, however, I spaced stations closer together, since there would be more popular destinations—this would reduce walking distances for many passengers, and it’d also prevent individual stations from becoming too crowded. This method of spacing stations is quite common around the world—a good example is the rail network in Chicago, where I lived for five years.

With more stations added along the existing commuter rail routes, the next question was how to bring service to the parts of the city that weren’t already next to the commuter rail. I decided to mostly follow existing major roads, which is a common approach in cities around the world. Major roads tend to already go to major destinations, after all, and there are multiple options for how the tracks can be built: within the road sharing lanes with cars, in the median at the center of the road, elevated above the road, or in tunnels underneath. Waiyaki Way, Thika Rd, and Mombasa Rd were obvious choices, and I decided to also add an additional downtown route that could go along either Moi Ave or Tom Mboya St. At the outskirts of the city, I tried to connect some of the larger suburbs, but I completely missed both Rongai and Ngong due to a visual quirk in Apple Maps.

In putting together the route segments to determine where each line would go, I made sure every line would serve the downtown area, and I also made sure that every line intersected with every other, so that passengers wouldn’t need to make more than one transfer. The current commuter rail network has the route from Central Station to Makadara as its busiest segment, and so I kept that in my map, sending three lines along that corridor. Since this was the core of the map, I decided to color the three lines to make the flag of Kenya, to tie together the map’s aesthetic design.

When I posted the first version of the map to Tumblr, I expected just a few people to see it—that’s what had happened with all my previous maps, after all. Since I didn’t know anyone from Kenya, I didn’t expect I’d actually get any feedback from locals on how well I’d understood the city’s geography. But after a few days, my map was shared on Twitter by Mbithi Masya, and suddenly I was getting a flood of responses to it from Nairobians. None of my maps had ever gone viral before, and so this was incredibly exciting—and I definitely wanted to take the opportunity to use this feedback to improve the map!

And so, a few hours after the map went viral, I started working on a second version. The most common criticism I’d seen was that the map didn’t serve Rongai or Ngong—both of which I was able to connect to the network by extending the Purple and Green Lines. One person from Githurai convinced me to send the Purple Line there rather than sending it out to Ruai and Mihango, while another person brought up the lack of service to Kitengela. This highlighted the lack of actual commuter rail in my map, and so I added several commuter rail lines out of Nairobi Terminus—some following existing tracks, while others would follow new alignments to connect additional suburbs. (This included Ruai and Mihango, so that they wouldn’t have to lose service due to the rerouted Purple Line.)

When I posted the second version of the map later that evening, it started spreading just as quickly as the first one had—and this time, the feedback was overwhelmingly positive, where even people who had taken issue with the original map were thrilled about how I’d addressed their concerns in the second version. This was unexpected—I’d never been to Nairobi, and so I’d never fathomed that I’d be able to make a map that would actually appeal to locals. And before I knew it, my map was getting noticed by public figures such as Sakaja Johnson and Charles Kabaiku, the latter of whom expressed interest in inviting me out to Nairobi. I don’t actually know whether or not he was joking, but if he wasn’t, I’d certainly love to visit for a few weeks to gain an on-the-ground understanding of the city’s infrastructure!

All that being said, though, this map’s ultimately a pipe dream—or a Tube dream, I suppose. In planning the routes, I deliberately avoided questions like how hard the network would be to build, or how much it would cost, or the impacts the train lines would have on the surrounding areas. The map’s aspirational, but not realistic—I’m not the person to go to for actual solutions to Nairobi’s current transportation needs. One Twitter user called me “mzungu”, and while I hadn’t heard the term before, it’s definitely accurate: I’m a foreigner, and I certainly don’t know the city even remotely as well as Nairobians do. And there are people on the ground in Nairobi who’ve been working for years to find practical and feasible ways to breathe new life into the city’s transportation—as an example, the Digital Matatus project is a wonderful visualization of the current network. Guiding Nairobi into the future is a job for Nairobians, not for me.

But that doesn’t mean there isn’t a purpose to fantasy maps like mine. Even if my map doesn’t show a vision that’s feasible to build, it’s gotten people talking—Twitter says the second version of my map has been seen over a hundred thousand times, and that number keeps going up. Countless Nairobians have taken this map as a call to action—when people see how good the future of transit can be, people realize that the future of transit is worth fighting for. And so while my map may have sparked a widespread passion for transit in Nairobi, my greatest hope is that everyone who’s been inspired by my map will follow that inspiration to find the practical ways people are working on to improve transit—because if those projects gain more awareness, then that’s the next step towards building a better Nairobi.

And as for me, well…I’ll keep on making maps as I continue to pursue my screenwriting career! People who’ve seen my Nairobi map have asked me to make similar fantasy maps for other cities, such as Mombasa, Lusaka, Kampala, and Kigali, and I’m hoping to get at least a few of those done within the coming days. I’m incredibly honored to have made an impact in Nairobi, and I’ll definitely be very excited to see what happens next from here.

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