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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

Marseille 2021: The 2nd Scramble for Africa

I come back home a worried man, even more perturbed than I was before, about the march of colonialism under the guise of conservation.

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Marseille 2021: The 2nd Scramble for Africa
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Dear Natives, do you know any conservationist who was in Marseille, France, in the last couple of weeks? If you’re a conscious African citizen, you need to ask them exactly what they were doing there and what they discussed at the IUCN World Conservation Congress. Personally, I was there as part of a group organizing resistance against the relentless advance of colonialism throughout the global south under the guise of conservation. Like most conservation conferences today, this meeting was full of backslapping and self-congratulatory nonsense exchanged between celebrities, politicians and business people. This is the ultimate irony because this is the group of people most responsible for the consumption patterns that have landed the world in the climate predicament we’re in today.

They created the most effective filter to keep out people from the global south (where most biodiversity exists), the students who may be learning new scientific lessons on conservation, and the independent-minded practitioners who would be there to share their views, rather than show their faces, flaunt their status and prostitute their credentials for the benefit of their benefactors. This filter was the registration fee. The cheapest rate was the “special members fee” which was 780 Euros (slightly over KShs100,000).

While most of the Kenyan conservationists are now back from Marseille gushing about the beauty of the South of France (which is true), I come back home a worried man, even more perturbed than I was before, about the march of colonialism under the guise of conservation.

For any African proud of their heritage, this worry is heightened by the unending queue of Home Guards and Uncle Toms lining up to sing for the crumbs and leftovers from Massa’s table, the small jobs, big cars and trips to conferences where the only thing prominent about them is their dark complexion and not the intellectual content of their contributions. These heritage salesmen and saleswomen give themselves all sorts of fancy titles, but their brains are of no consequence to the European colonizers. They are as much props as the obviously (physically, mentally, both?) uncomfortable woman unfortunate (or foolish?) enough to have her ridiculous image carrying a pangolin used on the blueprint for the new scramble for Africa.

The biggest thing out of Marseille was the European Union’s grand plan to capture Africa’s natural heritage through a programme called NaturAfrica. Since they know that they have selected partners in Africa to whom prostitution comes easily, they drowned the announcement in noise about doubling of funding for conservation on Twitter.

Marseille 2021: The 2nd Scramble for Africa

EU’s Philippe Mayaux presenting the NaturAfrica initiative.

In the first photo above, you can see the EU’s Philippe Mayaux presenting the audacious grand plan. He expressly stated that they are going to use the “Northern Rangelands Trust model” which has served them well thus far. I’ve been saying for the last 5 years that NRT is a model for colonialism and some invertebrates here have been breaking wind in consternation at my disrespect for their cult. The financiers have now said that it is a pilot for their planned acquisition of Africa’s natural heritage. What say you now? Who’s in charge of the plantation? Do the naïve majority now understand the violence in northern Kenya? Do the naïve majority now understand why foreign special forces are training armed personnel (outside our state security organs) to guard the so-called conservancies?

Following this extravagant declaration by Mayaux, the CEO of the NRT, Tom Lalampaa, barely containing his joy, took to the podium and gushed that “NaturAfrica will be welcomed by all Africans.” Only the irrational excitement brought on by Massa’s praises can cause a mere NGO director to purport to speak for the 1.3 billion inhabitants of the world’s second largest continent. Kwenda huko! Get out of here! We can see through the scheme!

Tom Lalampaa, CEO of the NRT

Tom Lalampaa, CEO of the NRT

On the map presented by Mayeux, you can see the takeover plan (the dark green areas); Tsavo, Amboseli and Mkomazi in northern Tanzania is a colony of the WWF “Unganisha” programme. To the west is The Nature Conservancy colony consisting of the Maasai Mara Wildlife Conservancies Association in Kenya, and the Northern Tanzania Rangelands Initiative. The rest are the NRT colony (including the Rift Valley, which is clearly marked) and the oil fields in northern Kenya. East Africa’s entire Indian Ocean seascape is marked for acquisition; spare a thought for the Island nations therein, because they have been swallowed whole. The plan has already been implemented around the Seychelles and documented.

I will repeat this as often as necessary: the biggest threat to the rights and sovereignty of African peoples in the 21st century is not military conflict, terrorism, disease, hunger, etc. It is conservation organizations and governments that seek to dominate us through conservation. They will bring their expatriates, their militaries, and their policies. If you look at the map, the relatively “free” countries—like Nigeria, Congo, Ethiopia, Sudan, Somalia, etc.—are those where international conservation NGOs haven’t been able to get a foothold. Here in Kenya, our state agency, the Kenya Wildlife Services, is busy counting animals, not knowing that it is well on the way to becoming an irrelevant spectator in our conservation arena. If you think this is far-fetched, ask someone there why there are radioactive materials dumped by the Naro Moru gate to Mt. Kenya National Park. Or why the Kenya Forest Service is standing by without any policy position while the Rhino Ark goes about fencing Mt. Kenya Forest, a UNESCO world heritage site.

Has anyone asked the EU why this grand plan isn’t global, but only focused on Africa? Are there no conservation concerns in Europe, Asia, or the Americas? Ours is the land of opportunity and this is why they want it. The funding will facilitate immigration and pay to employ the expatriates that will look after their interests in our homelands. Their militias will keep us out of our lands which they need for “carbon credits” so their industries can continue to produce and pollute unabated. Lastly, they need our land for export dumping of their household rubbish, toxic waste and, most of all, radioactive material. This is obviously a continental initiative, but addressing my compatriots (Kenyans), can you now see what I have been talking about for years, even as the European colonists tell Maasais, Samburus and other pastoralist communities that they shouldn’t listen to me because I am Luo? Can you now see how miniscule that school of thought is, how easily your attention has been diverted to discussing irrelevant minutiae in the face of the scale of their grand scheme?

As I said in the beginning, my mission, together with colleagues in Survival International, is the de-colonization of conservation in Africa and the global south. The routine violation of indigenous people’s rights, and the violence constantly meted against them, is the most visible symptom that brought this problem to our notice, but we must understand that the violence isn’t just for sport, as much as these organizations revel in it. Like 18th and 19th century colonialism, it is a commercial venture where political interests follow in its wake because it is too big to remain private. When Leopold’s Belgians massacred people in Congo, it wasn’t just for sport (although at some point it looked like that)—they were there to collect rubber and other resources. The conservation militias don’t just kill indigenous Africans for sport. They are here to protect colonies on behalf of capital interests. It is not about the wildlife—that is just the window dressing. After all, the people and the wildlife were here for thousands of years before their militias came.

This is why we cannot afford to give up. It’s not just about biodiversity. It’s also about our identity, our resources and our children. This is why we must fight intellectually to develop our own conservation philosophy and reject this violent and elitist Tarzanesque Western model. In order to restore the rights of indigenous peoples, we must tackle the reason why they are being oppressed, tortured and sometimes killed. It is commerce. Conservation is just the attire in which it is clothed.

Find an African who was in Marseille and ask him or her what they were doing there. If they cannot demonstrate that they spoke against this colonial project, they had better show you a lot of photos of them shopping and spending a wonderful holiday in the south of France. If they can do neither, then be sure they were in France selling or facilitating the sale of our heritage to corporate pirates.

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Reflections

Surviving the Hood: A Walk Through Nairobi’s Iconic Neighbourhoods

For us hood folk – no matter where we land – especially if we survive the hood – then it is forever home

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Surviving the Hood: A Walk Through Nairobi’s Iconic Neighbourhoods
Photo: WikiCommons/tropenmuseum
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What you up to I asked.
I’m going back home to take some pictures for my foundation was the answer.

For us hood folk – no matter where we land – especially if we survive the hood – then it is forever home. Because we remember how far we have gone.
And no matter what trauma and hardships we suffered – we remember this time through rose tinted glasses.

What? Going back home, home I said
Yes, won’t be there for long but we can meet after. No way! I am coming with you. I am going home too. And so, we set off.

First stop Kaloleni – Ololo – for a walk and picture taking.
You see for them Americans to give their hard-earned cash – we have to reaffirm our poverty and massage their saviour ego.
But today I am not on that soapbox.

I am 7 years old, visiting a relative in Kaloleni – eating peanuts that Nyaredo (my uncle) has bought us.
I am 7 years old – waiting for the medicine man to bring a variety of roots that need to be boiled and me washed with it. You see at age 7 I have terrible eczema and the many trips to Aga Khan courtesy of the KQ medical cover has not helped.
Dana knows the cure – and so off we go to Kaloleni.

We say hi to Mama. She is shocked to see me. I am happy to see her.
And of course, I come bearing gifts. I know she loves flowers – and these are bright orange. My Mama loved orange.
Mothers are precious and I do miss my own Mama, so I channel that love to any mother I come across – especially my friends Mums.

These houses looked much bigger when I was 7. They seem shrunken – but we have grown. This takes me back to the sights and sounds of our homes growing up.
Wow – it must have been loud – with laughter, joy, tears and hopes.

We walk around the old neighbourhood.
There is a beautiful old building that was the maternity clinic back in the day. A safe place. Walking distance from any home for mothers to welcome new life.
The library is next – open – recently renovated.
The social hall still stands …and there is a handball pitch too.
Hmmm – handball I inquire – yes, it has been here since our childhood.

This estate was planned.
Every common space has a tree.
The wooden shutters – painted green and that city council sky blue are still present. I am 7 years old, eating peanuts as I wait for the medicine man.

Next stop is my hood. Jericho.

Jogoo Road has changed but it is still the same.
Barma market – where we bought live kukus for those special Sundays still stands. The more things change, the more they stay the same.

We exit Jogoo Road as we remember the number 7 and 8B bus routes. Long live Kenya Bus Service!

Bahati estate is still the same. Jennifer would get off here.
She was beautiful – Arab looking Kamba gal – Evelyn Tei’s cousin. Next
Evelyn and Davi would get off at Kimathi.
These were the it houses! 3-bedroom stand-alone homes – yo!

I was then in the bus by myself or with Agnes till Jeri.
Funny – no one lived in Jerusalem or Ofafa Jericho…maybe they did, and we just didn’t take the same bus…

Welcome to Trench Town

The sign greeted me as the bus turned into my road. Then I knew I was home safe!

Oduko so – the big shops – the main shopping centre – our Mall
I ate mtura there and ferried metal birikas of soup from there to neighbours’ homes. I got my shoes mended there at the cobbler outside the bar.
My feet grew like weeds – no new shoes, mended shoes for me.
My Mum’s local – drinking those small Tuskers with my Godmother and various aunties. Laughing.

The field next to the dukas was where the monthly open-air movies were screened. To this day I wonder who was behind that…
Bringing a screen and projector and showing a free movie to the masses.

Then the clinic…
The clinic where you had to buy an empty small bottle for your cough medicine. In the hood, Actifed came in 5 litre jerricans.
The clinic where Starehe Boys volunteered during the holidays.

Them in their very colourful uniforms – ever so smart. Patrick Shaw smart. The clinic that I ran to when I broke my toe…
Which was not set properly – and has given me wahala ever since.
I remember the day clearly because my uncle Cliff was there volunteering that day… The game was tapo…or blada…or cha mkebe
Anyway
I ended up with a broken toe that healed funny.

St. Joseph’s …my nursery and local catholic church. Weird place, looking back.
Lots of light skinned kids …pointies…running around. The only white jamaas were the…. yeap! ‘nuff said!
We drive to the parking lot and I am 12. I loved a boy from that house.

He smelled sooo good – Old Spice I remember.
First place I ever heard Tracy Chapman.
His brother was playing his guitar to ‘Fast car’. But alas, he was smelling good for someone else…

Celestine’s house.
Her mother told her not to talk to me because ‘I knew too much’. Celestine got pregnant in Standard 8…
Clearly, I knew nothing!

Wiki’s house – Wycliff – his full name was too long for us kids. First boy and last male who ever slapped me.
Heard my brother defended me by giving him a thorough beating! The joys of big bros in the hood.

Hilary’s house.
Now that was an anomaly…
Hilary lived there with his Mum. The end.
Just him and his Mum…in that huge 2 bedroomed house! My family of 5 kids was the smallest…the average was 8 kids We had a cousin and house help living with us…
We slept in one room.
So, you see the thought of just Hilary – alone – in the room – solo…that was mind boggling!

Owanjo so…the big field Looks so small now.

Walking to church along the bougainvillea fence…
Wondering why the boys are allowed to watch football whilst I have to go to church.

Oti Papa – towering tall. The coach. Superstar Someone scores, the crowd goes wild…
I walk to church…

I am 10.
Walking across the field after school to the far far corner to buy deep fried mhogo… Laughing with my two mates – Pauline and Mamie
Pure bliss
Them Mushrooms are having a jam/rehearsal session. The drums sound good, I fall in love with the guitar We eat and listen…

Thoma’s house.
First real rejection. I am 15 going on 16
Standing in the kitchen – the gally kitchens of Jeri… Gathered courage to go in for a kiss.
Dude jumped back as if I was about to stab him…
Note to self – do not make any sudden movements towards the male species. They are somewhat fragile when not in control.
Years later – we are back in the kitchen. Him from Sweden, me from my new hood. He has lost his Dad; I am saying pole.
And I remind him …ai ai ai…wacha hiyo story Posh (my hood nickname). We laugh and he goes – lakini you are free ku jaribu tena.

The car park.
With the Maasai watchie wrapped in his Raymond’s blanket, armed with his bow and arrow. It must have been a good year for Peugeot…everyone seemed to own one…or so it seemed. There was the occasional Datsun, Nissan and my Mama’s VW – KGG 908.

My street. Our house.
Laughter – it is a Saturday and Mama is having her bura – she is laughing, my aunties are laughing, gossiping, listening, helping, soothing, accounting for the monthly contributions. They are drinking and laughing, and Franco plays in the background.
Sisterhood – this is what it looks like.
Joy – Earth, Wind and Fire – blasts from the record player. I am mesmerised by the sparkly cover.
Fear – people running, horses…what? horses in Jericho? Screams… the 82 coup has arrived. Tears – loud wailing – my Uncle’s death – HIV – early days…he makes it into Newsweek… Violence mwizi comes the rallying call. We all pour out of our homes…
Nyerere with a panga, blood everywhere, leta mafuta…
Later on I wonder how witnessing that affected us kids…
Domes – the wall shook…my neighbour battering his wife. Her head made contact with the wall.
The late-night knocks, the crying, black eye, broken bone – letting in a weeping female who needs to make it to hospital…
Clear thought goes through my child mind – never marry a Kisii or a Luo for that matter…

The big easy – remembering the lazy Sunday afternoons, the footballers walking home, Leonard Mambo Mbotela asking us je, huu ni ungwana.
The only time I think Luo men my Dad’s age attempted to understand Swahili.

The Bus Stop
My stop – 3 steps and I am home.
The bus stop where Mwangi gathered courage and gave me a love letter via Freddie.
In their Martini uniform. Martini which I later realised was Martin Luther King Primary School. Go figure!
Mwangi from Ziwani.
As I got off the 8B – he got on. At times he didn’t.
He sat there with a clear view of our kitchen and veranda. Young love.
I turned him down gently…he swore to love me fore

The Obembo tree.
Weeping Willow – I discovered years later in my adulthood.
Dhi kel kedi – go bring a stick. God help you if you got a dry one!
It had to be flexible…so as it came down on you, you were dead just from the swishing sound it made.

I am 9.
In standard 3…
I have a toothache.
I take a nap after lunch and I miss my afternoon classes. The maid reports me to my Dad with glee!
Dhi om kedi. I die a thousand deaths. I am sick, in pain, my tooth!
All my Dad hears is that I skipped school…like that is my fucking nature!
I pick a nice flexible one because even in my misery, I want to be good and obedient and get a good kedi.
I have seen this guy cane my brother.
Watched my brother cry – my defender, my hero against the hood boys… I can’t imagine that wrath reigning down on me.
My Dad is speaking… I can’t hear him…
I am dying – can’t he see? I am crying – I am the good one. I am screaming – I am not lying! He raises his arm…
I pee…right there where I stand. He looks at me in shock…
I look at him in shock… He tells me to go shower.
He never raised his hands again…to me. But everyone else got it…sadly.
That is why only one boy has ever slapped me. One. Once. The end.

The hood.
We connected at a basic level
No pretence. No explaining. No pity. No judgement Just simple memories…
The medicine man The bus ride Sunday football Them Mushrooms
The Weeping Willow – which caused a lot of weeping Love – young unrequited love
Friends – rest in peace Mamie Tracy Chapman
Old Spice.

I am 45.
Standing in an empty car park Facing owanjo so
The bougainvillea is long gone
There is a stone wall instead – protecting the space from land grabbers…Kenya! The grass and red soil are now gone…
It is astro turf
Kids play in their bright yellow jerseys…dreaming… Oti Papa would be proud.
I wonder about Celestine, Wiki and Hillary…

Me at 45
Standing in the car park Old spice in my memory
But now not quite Old Spice but an expensive scent Tracy in my memory…
Nvirri the Storyteller on my mind
Football in the background
And in front of me… Home.

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Reflections

Die Kijana Die: The Crime of Being a Young Poor Man in Kenya

Growing up in Mathare, we all start out with beautiful dreams. A dream of becoming a doctor, police, engineer, professor, pilot, and so many more. Teachers used to tell us these dreams will only become true if you work hard. Maybe that’s why Motiso worked so hard to achieve his dream—to be a dancer.

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Die Kijana Die: The Crime of Being a Young Poor Man in Kenya
Photo: Julian Myles on Unsplash
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If you want to see colonialism alive and well in 2021, one of the first places you should look is Mathare, or any of Nairobi’s informal settlements. These are places where people are still not treated as full citizens, but rather, as sources of cheap labor. Citizens deserve publicly provided or accessible water, electricity, healthcare, education, roads, etc. But the people of Mathare are not treated as citizens. They are treated as disposable.

One of the ways that disposability is made most clear are police killings. In August, there was one week when police gunned down seven uncharged, unconvicted young men. But, while criminal suspects in other parts of the city are arrested and jailed, police kills the “disposable” young men of the ghetto because society, in its complicit silence, has agreed that it is more efficient this way.

We know that Kenyan civil society has long spoken up against police killings. The recent murders of Benson Njiru Ndwiga and Emmanuel Mutura Ndwiga while in police custody in Embu have rightfully incited public outrage. But what about the seven young men who were shot dead by police in Mathare within that one bloody week in August?

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On 9 August, 2021, a young man called Ian Motiso sat down to take a late lunch at a kibanda in Mlango Kubwa, Mathare when a killer cop called Blacky passed by. Blacky took out his gun and shot Motiso down then and there. Just like that, Motiso is no longer with us. He was 21 years old.

Another extrajudicial execution. Another life cut short.

Even though police killings continue throughout Kenya, people are speaking up about it now more than ever. A couple weeks ago, the Ndwiga brothers were detained in Embu by police. While in police custody, police beat them to death. The public responded with anger. National news covered it widely. Lawyers have taken up the brothers’ cases.

But what about Motiso? What about the other six young men killed in Mathare within that week? Almost silence.

People say that the young men police kill in the ghetto are “thugs.” People say that those who speak out against police killings simply do not understand what it is like to be a victim of crime in informal settlements. I was born and raised in Mathare. I have been a victim of crime. I know the pain of being robbed of valuable property. I know the pain of beatings from heartless young men. I know the pain of losing loved ones to “boys” who stab with knives.

Motiso committed crimes. Motiso personally attacked me. And Motiso did not deserve to be extrajudicially executed. I believe this, even though I still have a wound behind my right ear from when he bashed my head.

Two months ago, Smater Zagadat and I had just arrived at the Mathare Social Justice Centre (MSJC) to lead rehearsals for the MSJC Kids Club as usual. MSJC Kids Club is an initiative that uses dance and community theatre to advocate for social justice. Smater and I are the coordinators. That afternoon, I was wearing a black T-shirt with the logo “Dance with Zagadat”—Smater’s brand—so Smater took our her phone to take a picture of it. Within seconds, three teenagers swooped in and snatched the phone. We ran after them down towards the river and managed to catch the guy who grabbed the phone. Some kids from MSJC Kids Club followed behind.

We grabbed the thief and dragged him back up to the office so he could return Smater’s phone. But, suddenly, a group of young men came out of nowhere and attacked me. I only remember feeling their punches coming from all directions. Their fingers were covered with heavy coated rings. My teeth almost came out. I could not see what was happening, but I could see blood coming out of my mouth. All of this happened in the early evening on Mau Mau Road, between the bridge that connects Kambi Safi Road to Kosovo Hospital Ward, a very busy area—yet no one came to my rescue, except for the MSJC kids who shouted and cursed the attackers.

I recognized one of the attackers. Even though he recognized me back, he didn’t stop beating me. He felt no shame attacking someone he knew. He was Motiso.

Let me take you back, because I want you to understand something important. Motiso was born and raised in Mathare. He knew all six wards of Mathare very well, from the elderly to children. By the time he was 16 years old, he was already a very talented dancer and was a part of the Billian Music Family (BMF), together with Smater herself.  The community loved these dance groups, and in return, the groups inspired many kids in Mathare, including myself.

The first time I saw BMF’s Dance group, I was just out of primary school. The dancers were performing “Vigelegele” by Willy Paul along Mau Mau Road. That was the first time I heard the name Motiso. The kids, yelling above the booming speakers, cheered for him as he danced.

“Umecheki vile Motiso amedo hiyo Stingo?!”

“Atakua dancer mgori!”

He was just that good, and I guess that’s why he easily became famous.

Growing up in Mathare, we all start out with beautiful dreams. A dream of becoming a doctor, police, engineer, professor, pilot, and so many more. Teachers used to tell us these dreams will only become true if you work hard. Maybe that’s why Motiso worked so hard to achieve his dream—to be a dancer.

Maybe if he wasn’t born into a poor family, his hard work would have turned his dream true. But Motiso was born into a place that reeks of all sorts of human rights violations, of poverty, of ecological injustice. His dream was shut down because of the environment he was brought up in. So, did he give up? Yes, Motiso gave up.

Imagine the struggle he passed through. First, he was unemployed. Motiso, like many of us in Mathare, was trapped in a cycle of wage slavery. You wake up, go to job, get a salary, barely make food and rent, sleep, repeat until you die. But your work never turns into a dignified life. You’re just trapped.

Second, Motiso was in the danger zone of being a man in his twenties living in the ghetto. As young men in Mathare, when we reach this age, we automatically become an enemy of the state. The ghetto is a place where a child grows up innocent, then later on becomes a victim of predators who target, hunt, and prey on them.

So Motiso went ahead and jumped on a bad bandwagon. He left dancing and got involved in crime like petty theft. The reason why he chose crime over a path of straightness is simple: He needed to survive.

Some people criticize his decision, asking why he should commit crime when the government has offered plenty of job opportunities to the youth, like one program called Kazi Mtaani. But, if those people understood that Mutiso was a victim of structural violence created by the system that we are born into, they would understand that they are demanding a young man to make “good” decisions while he chokes inside a system that has never treated him as a human.

Mutiso did try to join Kazi Mtaani, actually. A few months ago in Mathare, a group of young men went to the administration to register for Kazi Mtaani. But they were surprised to find that, in order to participate, they would first have to bribe the Area Chief 1,000 KES ($10). How can you look a young unemployed man in the eye, when you know he has no job, and ask him for money? Maybe the thieves who snatched Smater’s phone wanted to sell it in order to bribe the Chief and get a job.

Motiso will always be remembered as a thief. He robbed many. Many are still crying because of what he did.

But remember—he was also a friend. He was a family member.

He never deserved to be born into a system that does not care for poor people.

He never deserved to live in a world that kept poor people powerless in order to exploit them and, when they did what they wanted to survive, killed them off.

He did not deserve to be killed by the people whom we expect to protect us.

He never deserved that.

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