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Reflections

Red Earth: The Killing of Carilton David Maina

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Red Earth
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Red earth is blood, Red earth is life, Red earth is what takes and keeps safe the lives we lose.

Friday the 21st of December 2018, around four in the afternoon, mother and son sit for lunch at their house in Soweto Phase 3 estate, Kibera. The meal does not have much of a conversation and both of them proceed to their own activities soon after. The son is just days away from clocking another year in his life. When the new year comes he will be turning twenty-three, and he’s going to spoil his family, he’ll throw a birthday celebration party. The young man leaves, but calls his mum a few moments later about some money meant for the party which he wanted to send by phone; his mum says she wanted to receive it personally from him since there were still issues they needed to discuss. They could not meet at that time, the son must have been busy in his movie shop or doing something involving football. He loves football, and this love for football, at least according to the mum’s memory wasn’t always there, she had never thought of his little ‘softie’ boy as a sportsman until his late teenage years when he started playing football. At one point she remembers him coming home with application papers for Gor Mahia FC’s under 21 team. Now he’s a goalkeeper for his university football team in the UK, and for the last three months Jinamori FC at Kenyatta. It only made sense to let him be till the next day, after all, isn’t tomorrow another day?

The young man joins his mates in a video hall for football, it’s Liverpool against Wolves. He is not a red, neither a wolf, he’s an Arsenal fan, a gunner. So what brings him here? Allison Becker of Liverpool, the best goalkeeper in the world. He has watched every throw, every catch, every move. He wants to be just like Becker.

***

On Thursday the 27th of December, I see a post on Facebook about a student shot and killed in Kibera by police. The video shows a group of protesters walking along Mbagathi Way, Ngong’ Road and a section of Kenyatta Avenue. At the front of the procession is a banner with a familiar face. The protesters are almost at GPO roundabout when police teargas the crowd, forcing each of them to scatter in different directions.

As I share the story, I’m sitting on a wall that would have separated Nairobi dam and Highrise estate if it were complete. A few metres away behind me is a small settlement along the complete section of the wall, I am tempted to walk this line that traces the start of a place I do not want to be associated with, a place I do not like mentioning in conversations, a place I’m careful not to be seen at, lest I be mistaken to come from there. I cannot set foot in this place unless it’s a job project that requires interaction with the population here, this is a place I won’t think about on terms other than projects and humanitarian benevolence, giving back to society which I’m unable to do till I become rich, only then will I be able to walk the path of a poor person and still remain removed from the poverty. I figure it won’t be that bad going round the slum side of the wall, I have earphones, at least the music will remind me I do not come from this place.

That same Thursday night, the 9 o’clock news shows the full story. It’s the same one I’ve been sharing online, but with some new information. The shooting happened in Soweto Phase Three estate, and the house where the young man lived is just four doors away from where I used to live. Now the jigsaw ends are fitting themselves together, I know that house with the green walls and a black door.

***

I was once accused of having a bad ear for music, and whoever lived in that green-walled, black-doored house had a bad ear too, Indie and Alternative rock would be playing whenever they were in. I wanted to know who this person was, that played the same music I did.

One Sunday morning I find someone washing their shoes just outside the house. He has looks apprehensive as I approach, but breaks into a smile after hearing what I have to say. “I love the music you play,” I tell him. The few times we met after that there was always a fist bump, at least a nod of acknowledgement, to remind ourselves that although we do not know each other well, we both recognize our existence, and bad ears for music.

My new friend and I would become separated the time I moved out of the estate. The last time I meet him was at a neighbour’s shop. He had tried to catch my attention a few times before I recognised him. This time an attempt at knowing each other was made.

“Bulimu?”

“Yes, Bulimu.”

“Carlson, Carlton?”

“No, Carilton.” he corrects, and smiles as he steps aside.

We would probably have been good friends or might have just remained acquaintances. But all that was all that was. We will never know.

***

Later on that Friday night, the young man and a few other football fans are headed home, they have just finished watching the game that ended two goals to none in favour of Liverpool. The young man must have been impressed by his hero Becker, he must have picked up a few tricks he will test on his next game. A policeman they know passes them.

The gate to Soweto Phase 3 is only a few metres ahead. The police officer they had met earlier now appears with a colleague and commands everyone to lie down. They all do as asked. A shot, maybe two, is fired and everyone scatters, who doesn’t know what bullets do? The young man is on his heels too, running towards the gate, he must be promising himself to never again walk at this time of the night, to always run whenever he sees a cop. Perhaps the only thing on his mind might have just been how to get home. Whatever his thoughts were, a pain in his leg tells him that he has been hit, but he’s lucky the bullet didn’t touch any vital organ.

He is now hiding in one of the stalls next to the gate. The beasts find their prey by the smell of blood, his isn’t much, but this is not enough protection. He needs to keep his breathing down, the beasts also find their prey by fear, they feel it from your beating heart.

One of the ways to get rid of fear, almost any other feeling too, is removing yourself from the current situation and going somewhere far away, the young man must have travelled to his past. To his childhood.

He might have been thinking of when he got transferred to Archbishop Gitari boarding school from Mbagathi Primary at Class Four, when he got admitted to Maseno School after scoring 419 in KCPE. Not bad for a kid from Kibera. He must have loved the rocks of Bunyore, he might have had trouble with the monkeys in his school, he must have felt good winning the East Africa Essay Writing competition in high school, he must have worked hard for his 84 points in KCSE. When he got the scholarship with the Northern Consortium of United Kingdom Universities at Brookhouse, he must have remembered how close he came to studying actuarial science at the University of Nairobi. And when he joined Leeds University for Engineering and Electronic Communication, he must have made a promise to make himself great, for his people, for his home.

A man in government uniform wielding an assault rifle looks into the eyes of the young man struggling to stand still because of a wound in his leg. He sees the fear, the beast is excited at this; he feels his blood rush in his veins.

The young man’s head is rushing with ideas of the things he has heard before about the beasts and people like him at this time of the night, sometimes in the day, the things he’s heard about corners, about people forced to kneel and lie down.

“You know me, hata ukiulizia watu huku, they know me; they know I’m not a thief. Why are you doing this to me? Why?!” Neighbours hear a desperate voice pleading. But the sky cracks open and a rain of bullets follows.
The young man is now lying on the ground, three holes in his chest, a scratch tells of how he missed the bullet to his head.

***

Our vehicle leaves the station two hours late from my intended travel time, most of the first hour was spent walking down River road in search of matatu shuttles to Murang’a. As we pass by Thika town I cannot help but notice the earth. Red clean earth, and the trees. These two things that make the wind outside whisper the word V-I-L-L-A-G-E through the half open window into my left ear, my right ear is searching for a hint of Kangema in the Gikuyu conversation the driver is having with my seatmate, though I’m quite sure this is the right vehicle. It’s my first journey to this side of the country, destination, somewhere around Kangema High School in Kangema, Murang’a county. I took only two people’s contacts in the vigil on the previous night, both of their phones are busy, and now my arrival is pegged on three things. The directions “Upande magari za kuenda Kangema, ukifika town panda boda hadi Kangema High alafu ulizia kwenye matanga iko,” the ability of a random villager to know where the funeral is and my own instincts, after a crosscheck with the driver at every town centre we pass. The wind still whispering words into my left ear…

T-H-E V-I-L-L-A-G-E N-E-V-E-R F-O-R-G-E-T-S

One of my contacts finally picks up after missing three calls. We have just got to Kangema, but he tells me the burial is over and advises me to return to Nairobi because there really was nothing left for me to do there. Sure, there was nothing left to do, but there was a lot left to see.

I take a motorcycle taxi to the home I was told to ask for. We find a few people around who lead me to the gravesite. On that slopy land lies a mound of red earth, red clean earth, with a crown of red roses on top and a wooden cross in front.

CARILTON DAVID MAINA

BORN: 1ST JANUARY 1996

DIED: 22ND DECEMBER 2018

What was left to see was already seen, and indeed there was nothing left to do, only one more thing needed to be done. I dig my hand into the earth on the side and let the red earth slip through to the mound…

Red earth is blood, red earth is life, red earth is what takes and keeps safe the lives we lose.

…I buried him too. And I talked to him, through the red earth, and he spoke back to me. He said he was safe here now, he asked me to look around, he asked me to visit his mother and see how much work he still had to do, he said the city may forget but the village never forgets. I remember my lips fashioned to these words but a different voice spoke, it was his voice, Maina’s voice. Not just his voice but thousands of other voices forced into silence, they spoke.

***

The young man’s name is Carilton David Maina, and ever since his killing he has never stopped dying. The mother’s pain will never end. Mama Maina is a heartbroken woman. Her life was changed abruptly by the loss of her son, and what hurts her the most is the taking. It was not an act of God, it was never the course of nature, what it was can only be described as a deliberate act of violence against the young man who is her son, and she grieves every single day as different reports emerge about how her son’s life was taken.

Kilimani OCPD Michael Muchiri publicly stated that they could not investigate a case against one of their own, after apologizing for the death of Maina. This was in a forum organized by Amnesty Kenya to try and reconcile the community with the police who are here seen to be reaching out to the people they have hurt. This here is what Paulo Freire describes as false generosity, injustice followed by generosity, and this false generosity in turn facilitates the perpetuation of injustice by the oppressor. The police themselves are an oppressed lot, treated like dogs in their canteen kennels, forced to play fetch to fifty shilling notes on roadsides. And so to restore their human status they prey on the most vulnerable. Looting, maiming and taking innocent lives, the brutes find power in the oppression of another oppressed, since they can’t vent their frustrations and insecurities on the superiors they turn to a group they perceive inferior to them. The policeman who killed Mama Maina’s son knew him, a beast drunk in the power of a rifle.

The police are instruments used by the state to repress the people, in the times before independence they were African collaborators helping the coloniser conquer fellow Africans. Any attempt at resisting, questioning or asserting your freedom would earn you the title terrorist. More than half a century after independence the police still operate on the same colonial principles, they are still working for a black-skin-masked white man. “We do not negotiate with terrorists,” sounds familiar? The police said Maina was ‘a suspect’, “part of a gang that had been terrorizing residents.”

I hear someone saying, “But not all police are bad.” My response to this is: not every young man from the ghetto is a criminal.

We’re living in an unequal society, and our privileges may lead us into thinking of this as the natural order of things, that the poor are poor because they are lazy or that’s just the way things are, and the rich are so because they worked hard and have been blessed by God. Maina worked hard, he read his books well and was recognised for it, he achieved honours most rich people genuinely haven’t, the young man did a TED talk! The young man dreamed and was making his dreams a reality, but he wasn’t allowed to live.

My walk through the settlement behind the complete wall revived my consciousness of one thing, privilege. The fact that I could slide in and take a tour freely in the ghetto without an agenda when not everyone from the ghetto could do the same where I live showed relatively just how much of choosing I could do. I could opt out whenever I wanted to. Privilege is what makes us unfamiliar with places like these, situations like these where most would say “Couldn’t he just have avoided the night, couldn’t he just have avoided talking to some people?” Privilege is what denies us knowledge of the people we meet, privilege is comfort, we do not lack, we do not require help so we do not need to know anyone. Privilege is failing in empathy. And privilege puts us at the same level as the oppressor because every form of violence against those we do not know goes unnoticed. This specific violence is against young men and families living in neighbourhoods no one wants to go to.

Kalundi Serumaga describes poverty as the worst form of violence and at its worst, is a form of slow genocide. There is a genocide going on in the ghetto, the victims young men just starting out in life. The Herods of our times have been hearing rumours about these young men, who are showing signs of a bright future, these young men with brains they would never match in their lifetimes, these young men who threaten to save their people from poverty. The Herods affect their hysteria on their loyal servants who themselves have an already existing inferiority complex, who want no one to rise above them, and they have a special dislike for smart people. Hence when the Herods of Nairobi commend and gift them for killing youth in Dandora and Mathare, they look for that kid who thinks they’re smart in Kibera, eliminate him with the statement “he was part of a gang terrorising residents.” The beasts ended his life to ensure that family stays in the ghetto. And they do it every day, every single week they kill a dream and no one cares, no one remembers, except the earth, the red earth that takes and keeps the lives we lose. And the village, the village they return to in boxes never forgets.

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Bulimu Chole is a poet and a fiction writer

Reflections

Easter in the Holy Land, and Tracing The Modern ‘Way of The Cross’ in Palestine

Many Palestinians refer to our 70-year experience of living under Israeli occupation and the suffering we endure as “walking the Via Dolorosa” or the Way of the Cross.The stations of suffering that are visited include: checkpoints, permits, refugee camps, blockade, home demolitions, detention without trial, and bombing.

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Easter in the Holy Land, and Tracing The Modern ‘Way of The Cross’ in Palestine
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For Christians in the Holy Land, Easter is the most important of the Christian holy days. In fact, Palestinians refer to it as al-Eid al-Kabir (the Big Feast) while Christmas is known as al-Eid al-Saghir (the Little Feast).

The Saturday before Easter Sunday is the climax of the Holy Week in occupied Palestine. Sabt Al-Nur (Saturday of Light) is an Orthodox tradition that marks the end of the Easter fast. Tradition holds that every year on the Saturday prior to Easter, a flame arises from the tomb of Christ at the Church of the Holy Sepulchre in Jerusalem.

The miracle of the flame is celebrated by lighting candles from this flame in Jerusalem and carrying it from one town and village to another in Palestine.

Although Sabt al-Nur is an Orthodox tradition, Christians of all denominations have attended the ceremony in Jerusalem for generations, in what has always been a major community event for Christians in Palestine.

But last year, only a few hundred Palestinians made it to the Church of the Holy Sepulchre for the ceremony of the Holy Fire. Most Palestinian Christians have never seen the miraculous flame – not because we don’t care about the tradition – but because Israel restricts us, especially our young people, from entering Jerusalem. Jerusalem: the sacred city of Christians all over the world; the place of Jesus’s crucifixion and resurrection, the birthplace of Christianity itself, the site of its first churches.

As a little boy, I remember travelling to Jerusalem from our village of BeitSahour. BeitSahour is located just outside of Bethlehem, and is less than 15 km from Jerusalem. Yet it is a trip that took several hours due to the “no-man’s zone” imposed on us when Israel was created in 1948. This forced us to go through a route nearly three times longer than the normal way.

Now, I can no longer visit Jerusalem at all. I am a former political prisoner, and have been placed on an Israeli “security” list. The Israeli authorities will not grant me a permit to visit Jerusalem. My 35-year-old son has travelled widely and seen almost half the world, but he too is barred from Jerusalem.

Our story is not unique. Palestinians – indigenous to the Holy Land and who live a few kilometres away from Jerusalem – must beg for permission to visit, endure humiliating searches and pass through walls and checkpoints, while pilgrims from Germany, the United States or Peru can fly in for Easter.

For most Palestinians – whether Christian or Muslim – Jerusalem is the city we love the most and visit the least.

As an Easter “goodwill” gesture, Israel says it has issued approximately 10,000 permits to Palestinians from the occupied West Bank and 500 permits to Christians in the besieged Gaza Strip, where several thousand live. Is it really goodwill to force people to apply for permits to visit and worship in their most sacred city during their most sacred time? Is it goodwill to turn the sacred city into a military zone?

During Easter, barriers are set up in the early hours of the morning in the courtyard at the Church of the Holy Sepulchre. Its aim is to keep people out of the Church: a site central to Jesus’s death, crucifixion and resurrection.

Israeli army officers are present around the gates of the Old City and passages that lead to the Holy Sepulchre, as well as inside the Church itself and on its roof. These measures restrict freedom of movement for Palestinians, preventing Palestinian Christians from worshipping at the Church during this auspicious period. Even priests are not allowed to move freely. Is this what freedom of worship looks like?

Today, Palestinians feel that not only are our religious, cultural, and spiritual celebrations under attack but our whole existence as well. In fact, many Palestinians refer to our experience of living under Israeli occupation and the suffering we endure as “walking the Via Dolorosa” or the Way of the Cross.

However, this Way of the Cross is not confined to Easter week, but has been going for 70 years. The stations of suffering that are visited include: checkpoints, permits, refugee camps, blockade, home demolitions, detention without trial, and bombing.

Today, Palestinians are still walking the Way of the Cross, and anxiously awaiting the Day of Resurrection – the day the stone that blocks the tomb of occupation is rolled away.

The message of Easter and the Resurrection is that those liberated by God cannot be made slaves by anyone. But this is what is exactly what is happening today in occupied Palestine. Israel is asking the Palestinian people to let their freedom die, so that the Israeli people can live.

In the Holy Land – the land of the Resurrection – we see one group of people committed to security, justice and peace for themselves, only that is built on injustice and occupation for another set of people. We see one human being living at the expense of another human being. Christians believe Jesus Christ died and rose from the dead to give life for all, to enable everyone to triumph over death. His resurrection gave life, justice and peace for oneself; their people; and all the peoples of the earth.

Freedom for one group cannot come through the oppression of another.

Israeli security and peace cannot be built at the expense of Palestinian security, dignity and peace. The occupation of Palestinian life must end, so that both Israelis and Palestinians may live as equal human beings.

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Reflections

Rhetoric and Injustice: An Easter Reflection on Jesus Criminalised

Re-reading the passion narrative of Jesus allows us to be suspicious of how criminality is constructed today. The divine sharing of criminality exposes unjust systems that prosecute innocent people everyday, who are forced to plead guilty or are prematurely declared guilty.

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AND GOD RESTED ON THE SEVENTH DAY: Faith as a tense truce in an African reality
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“The cross places God in the midst of crucified people, in the midst of people who are hung, shot, burned, and tortured.” ~James Cone, ‘The Cross and the Lynching Tree’

How important is the cause of Jesus’ death for our celebration of Easter this weekend? Those familiar with the Easter story may find the question of the utmost importance. They may even explain the cause along the lines that “Jesus died for our sins.” But it is much more complicated than that.

Theologians through the ages have grappled with this central question of the Christian faith. The Apostle Paul argued that Jesus’ death led to reconciliation between divinity and humanity, while Origen of Alexandria, a third-century scholar, believed that Jesus was a ransom payment for Satan. The most common theory we might be familiar with today was articulated by Anselm, a twelfth-century theologian and philosopher. Anselm’s view of Jesus was that of substitutionary atonement, where God is depicted akin to a feudal lord whose honour had been offended by the sins of humanity. Christ then acts as a stand-in for humanity, suffering crucifixion for human sin and satisfying God’s just wrath against humankind’s transgression due to Christ’s blamelessness.

In their interpretations, these theologians are less concerned with the finer details of the historical circumstances that led Jesus to Calvary, as reported by the gospel writers. This is not to say that they are not interested in history, because the death of Jesus is a material fact that grounds its subsequent spiritual and allegorical interpretations.

The gospel writers more directly describe accounts of concrete reasons why Jesus received a death sentence; why and how a Judean peasant is sentenced to lethal punishment by a Roman procurator. They present narratives of arrest, trials, sentencing, and execution in order to articulate the causes of Jesus’ death – and to underscore that he was innocent, unfairly tried, quickly sentenced, and disproportionately punished.

Jesus’ death is not the consequence of well-distributed justice. Instead, it is the lynching of a man who through rhetoric, coercion, and popular opinion was criminalised. Although the gospel accounts differ in many regards, one place in which they are consistent is that portray Jesus as innocent. Jesus is depicted in the gospel accounts as one who has not done anything that deserves death; however, the people determine his guiltiness independently of both his actions and the charges levied against him. The charges actually function rhetorically to portray Jesus as a criminal.

Luke’s gospel is particularly useful for seeing how Jesus is criminalised. Luke is clear in illustrating how Pilate finds no reason to charge Jesus; however, the accusations of the Jerusalem temple leadership inspire the people to seek Jesus’ crucifixion. The people deem Jesus guilty without any evidence.

I see parallels with contemporary discourses that employ similar rhetoric and criminalise certain groups in today’s society. Khalil G. Muhammad, in his seminal work The Condemnation of Blackness: Race, Crime, and the Making of Urban America describes how criminal rhetoric and racial logic in America have gone hand in hand, to the point where statistics were manipulated to “prove” that African Americans were more prone to crime than their white counterparts. Muhammad’s work underscores the fact that criminality is not about committing crimes, but it is about systems of power. These systems create and perpetuate discourses that present people marked by status, class, gender, and race, as prone to and even guilty of crime prior to gathering evidence.

The same kind of rhetoric is at work in the gospel accounts of the crucifixion. The text in Luke 23:1-25 suggest that the accusations against Jesus, and his subsequent sentencing to death, mark how Jesus is classed as a criminal and how he is thus punished, although the allegations are unfounded or at least deemed by Pilate to be inconsequential and certainly not worthy of death.

In the accounts, Jesus is accused of three offences.

Charge 1: Stirring up our people

In the gospel of Luke, the Jerusalem temple leadership – comprising the priests and teachers of the law – present Jesus as an outsider “stirring up our people”. He is not outside of Jewishness or Judean identities, but he is from the outside of the axis of power in Jerusalem. In their ‘charge sheet’ the temple leaders emphasise that Jesus began teaching in Galilee, another part of Judea on the other side of Samaria. He began spreading his message amongst peasants, fishermen, and farmers in rural Galilee and had now brought his message all the way to the metropolis of Jerusalem. This implies that they consider Jesus either an outside agitator for Jews in Jerusalem, or an insider disrupting technologies of the temple leadership’s power from within.

The gospels all agree that Jesus was teaching in the temple publically during the busiest festival of the Jewish calendar. There would have been extra Roman police surveillance, which the presence of Pilate in the city epitomises. Therefore, Jesus’s broadcasting of “outsider” ideas would be dangerous, especially if those ideas appeared antagonistic to the power of the temple leadership or to Rome. The temple leaders’ arguments here could sound like a “Make Judea Great Again” campaign that needed scapegoats to legitimise the power of the elite and to quell any challenges to their power.

This charge of stirring up the people that the temple leadership raised against Jesus to Pilate does not explain how he stirred up the people and what he stirred them up for, but the connection of this charge to insurrection could depict Jesus as a threat that needed to be neutralised. Hence, when Jesus asks at his arrest, “Why do you come out with swords and clubs as if I were a bandit (insurrectionist)?” he identifies that he is being criminalised as the type of troublemaker that the ancient imaginaire would anticipate to receive crucifixion for seditious activity.

Charge 2: Forbidding people to pay taxes

The Jerusalem temple leadership accused Jesus of forbidding people to pay taxes to Caesar. This at best is an overstatement, because the people did not actually pay taxes directly to Caesar. In Roman-controlled Judea, peasants were not only employed to work on land that they could never own, they were also taxed. This taxation went to the ruling aristocracy (for whom they worked) who in turn paid taxes to Rome and were thus considered a part of the extended Roman imperial family. The taxation, tax collectors, and tax recipients were hated by the underclass.

The relationship between the peasant class and the ruling priestly class explains why the temple leadership, and particularly the priests, would see this charge against Jesus as particularly insidious. The priests, appointed by the Roman procurator, were given a measure of autonomy to run Jerusalem on behalf of the Romans. They were in effect the brokers of the fiduciary relationship between Rome and Judea – like homeguards or paramount chiefs in the African colonial context – and this arrangement during this time was particularly successful for the ruling elite. Pilate had an uncharacteristically stable relationship with the Jerusalem priests and did not have to exchange the high priests as frequently as his predecessor or successor. This relative stability was desirable in Judea in particular, an area that was prone to turbulence and tense relationships with the Romans. Forbidding people to pay taxes would jeopardise this proximate tranquility, which impacted the priests’ economic and political position as well as the people’s safety from Roman aggression.

Charge 3: Claiming to be a Messiah king

The last charge that the Jerusalem temple leadership raise against Jesus is that he says that he is a Messiah king. This charge is important, because it is the only one that Pilate asks Jesus about. This charge most clearly demonstrates the appeal to portray Jesus as an insurrectionist. Both messiah and king are politically loaded terms in the Roman imperial context, and for one to claim either was often linked with being an insurrectionist. The majority of the times this term is used it is in reference to a criminal involved in seditious activity.

Messianism was rampant in first century Judea. The historian Josephus acknowledges a number of figures that considered themselves to be messiahs, who felt they were anointed to bring back the Kingdom of David, or to reestablish Judean independence as had been the Hasmonean period. The activism of many of these messiahs earned them the death penalty on the cross. Even the book of Acts notes how some figures “claimed to be somebody” and had led many people in ineffective movements.

Pilate does not ask about the messiah part of the charge, instead he focuses, as he should, on the charge about Jesus claiming kingship. This charge is both laughable and serious. It is laughable that a Galilean peasant’s claim to regal authority would be taken seriously and given due process by a Roman procurator. It is a serious charge though, because this charge would claim that Jesus is pitting the “basileia tou Iēsou/Theou”- kingdom of Jesus/God against the “basileia tēs Roma” – the Roman Empire. If that was the case, then regardless of status the individual would be guilty of treason and that was a crime punishable by death, even for citizens. With this charge, the Jerusalem temple leadership is seeking the highest penalty that they can for Jesus by portraying him as the most abominable of criminals.

The Sentencing

The gospel of Luke never presents any Roman or Jewish official as deeming Jesus worthy of death until the moment that Jerusalem temple leadership and people exclaim, “Crucify him!” This even shocks Pilate, because he had not found him guilty of any of the charges. But the rhetoric of the elders, priests, and scholars had prevailed, because when Jesus returns from being interrogated by Herod, the gospel writer Luke adds that Pilate addresses not only the Jerusalem temple leadership but the people as well. They unanimously ask for Barabbas’ freedom and Jesus’ crucifixion.

In the account, Barabbas is an insurrectionist who has committed murder and the people prefer him over Jesus. This suggests that the crowd views Jesus as more of threat or more hated than a murderer. This disdain for Jesus from Luke’s narrative is unwarranted and unfounded. However, Jesus is categorically placed beside an insurrectionist and is determined guilty by the people. It is not clear what he is guilty of but it is safe to assume that the people presume that he is more deserving of punishment than one who committed murder and insurrection.

The same rhetorical technique is used when we contrast Jesus with the two criminals who are also crucified that day. One of the criminals suggests that these two have done something worthy of such a heinous death. Although such a speech is unlikely, it rhetorically serves the purpose of illustrating the type of criminal that Jesus is portrayed as. This exposes the vicious nature of criminality, because it legitimates and justifies lethal state power.

Jesus is classed with people who are considered to deserve such a despicable form of punishment. He shares their criminality, because the judiciary process landed them all with the same sentence. Another way to read this portion of the narrative is that if the criminals’ guiltiness is brought about by the same means by which Jesus is criminalised, Jesus’ crucifixion with them could potentially allude to the criminals also being innocent, despite their execution.

This is not justice.

Pilate would have certainly been concerned about suppressing any attempt to supplant Roman power. However, his non-guilty verdict, and its multiple attestations of this across the gospels, is noteworthy. Pilate says that he did not find Jesus guilty of anything worthy of a death sentence, which is not the same as saying that he did not find him guilty of anything. And Pilate’s suggestion to have Jesus flogged exposes how Jesus’ body is marked and understood.

Flogging was reserved for the lowest status of person. It means that Pilate’s suggestion is still humiliation, and recognition that Jesus’ status suggests that he is guilty of some crime even if there is no evidence, and even if the charges brought forth are unfounded. After engaging with the judicial system at this level, Jesus could not go free without being taught a lesson. That is why the word for flog here is so interesting, because it can also mean “to teach.” Pilate’s mercy punishment is framed as diminutive and educative. It serves to remind Jesus and others who were like him of their status in regards to Rome. Nonetheless, Pilate does not get to follow that course of action and is instead prompted by the crowd to sentence Jesus to die on a cross.

Although Pilate issues the sentence, it is the people who make the judgment. The mass of people described in the text is not an unreasoning horde of people, but is part lynch mob and part democratic assembly. They judge what prisoner is let free, even though Pilate does not offer to let one go. They judge that Jesus should be crucified, even though Pilate suggests a milder punishment. By the time the people speak in the narrative, it is clear that the facts of the case are irrelevant and that the people have made a decision. The Jerusalem temple leadership’s role, then, was not to convince Pilate that Jesus deserved death, but it was to convince the people at the praetorium in the presence of Pilate. This is not without historical precedence that public opinion influenced Roman officials’ distribution of justice, especially if the stability of city depended on the people’s response to a verdict. In effect, Jesus is sentenced to death by a state-sanctioned lynch mob.

In the end, I am not convinced that Jesus deserved to die. I see him as caught up in a system that veils its logic of criminality by justifying imprisonment, torture, and execution as legal necessities for the good of society. But this does not critically reflect on how people who may receive the punishments of criminals may not necessarily be lawbreakers or crime committers. If one is classed as a criminal, then one’s body is perpetually in danger of arrest and punishment.

Criminality, therefore, is not about crime. Some scholars suggest that the Roman government would not have been concerned with a Judean peasant unless he had posed some type of serious threat, but that logic assumes that imperial governments are always guided by logic, compassion, and justice.

We can look at our own contemporary (in)justice systems and recognise that that is not always, and for some people it is never, the case. Most justification for criminal rhetoric tends to side with those in power, with the voices that benefit from criminalising lower classes. Then, their criminal status is used as the basis for their continued legal and social oppression.

So, re-reading narratives like the passion accounts of Jesus in light of that observation allows us to be suspicious of how criminals, even today, are constructed by the powerful to maintain oppressors’ authority and distinct identity.

But the passion accounts don’t end there. They end with the resurrection, where the God of Jesus does not allow people falsely imprisoned and criminalised to remain there. This God follows his people through prisons built by criminalised logic and even beyond the grave, guiding them to liberation and resurrection. The divine sharing of criminality exposes unjust systems that prosecute innocent people everyday, who are forced to plead guilty or are prematurely declared guilty.

And if I could just preach for a moment, I would quote Cone again when he says, “The real scandal of the gospel is this: humanity’s salvation is revealed in the cross of the condemned criminal Jesus, and humanity’s salvation is available only through our solidarity with the crucified people in our midst.” This recognition illustrates how the strange fruit of the prison industrial system is linked to the strange fruit hung on southern U.S. trees, which must be linked to the strange fruit Romans hung on the cross at Golgotha. May we strive to not find ourselves like the Roman centurion at the foot of the cross who declares too late, “Surely this was an innocent person.”

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Reflections

We Need New Words: A Reflection on the “War on Terror”

The “War on Terror” is a disruption, that makes normal, absurd reality, a privation of humanity, a shape-shifting enemy that yearns for innocent lives and souls; the menacing colonial state with new fangs.

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We Need New Words: A Reflection on the “War on Terror”
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7th August 1998.

Friday, 10am: Parents, students and teachers are all seated in the school hall, and prize-giving day is about to begin. I had obtained the highest grade in GHC (Geography, History and Civics) and I was to receive a prize. I was elated, because it was the last day of the school term. At home, good grades were a pass to indulge in activities forbidden during the school term.

At 10.34am: The headmistress walks to the podium to give her opening remarks when we hear a blast in the distance. Moments later, the crowd starts murmuring, and the few pagers in the room start beeping. Parents anxiously take custody of their children and a state of anxiety descends on the gathering. Vehicles begin to speed off and the prize-giving day comes to an abrupt end.

A terrorist attack targeting the US Embassy in downtown Nairobi has just happened. The neighbouring building, Ufundi Co-operative House was reduced to debris. 213 people die and more than 5,000 get injured. At the age of nine in Standard Four, I felt the fear and anxiety.

Before August 7th 1998, Kenya had never witnessed a terror attack of such magnitude. The Al Qaeda terror group led by Osama bin Laden took responsibility for the attack professing it was retaliation for US presence in Saudi Arabia in the aftermath of Iraq’s invasion of Kuwait. The national psyche was bruised. President, Daniel Arap Moi regretted that peaceful Kenya had suffered the tragedy of a geopolitical dispute.

My holidays were never the same again. At home, strict curfews were introduced; my mother would call every other day to check on the whereabouts of my siblings and I. My parents introduced holiday tuition as a means, I suspect, of surveillance to protect and curate our movements. “The fear of the public space” had been cemented in my parents’ minds. From then on, I heard my parents add a new phrase in their lingua: “Terrorism” which after the September 9/11 attacks in the United States morphed into the “The War on Terror”. It sounded like they pronounced it in capital letters to imitate the manner the subject of terrorism was broadcast in the news.

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Over a decade later, in 2009, my brother and I were walking home from an eatery at the Oil Libya petrol station along Mombasa road on a Thursday at 9:17 pm. We lived in South C, a middle-class suburb in Nairobi that had in the last decade bourgeoned into a cosmopolitan neighbourhood with the influx of nationals from Sudan, Ethiopia and Somalia. South C transformed into a place of refuge for nationals fleeing conflict in their home countries.

On this fateful day, a police patrol unit accosted, threatened us with arrest and threw us into a police vehicle on the suspicion as terror suspects.

Mnaranda randa usiku, kwani nyinyi ni Al Shabaab?” barked a policeman. (Why are you loitering about, are you Al Shabaab?)

Hapana boss, tumetoka kwa duka, tunaelekea nyumbani.” (No sir, we are just headed home from the shops), replied my elder brother,

Unadhani mimi ni mjinga? Wale wa kutoka kwa duka ndiyo hutembea na bomb. Ingia hapa nyuma haraka sana.” (Do you think I’m a fool? In fact those who are ‘just from the shops’ are the ones who walk around with bombs. Get into the back of the vehicle!)

In the patrol vehicle, I noticed that my brother and I were the only suspects who did not bear the physical resemblance of Somali people. The state-led counter-terrorism operations had led to the profiling of Kenyans Muslims, particularly from the Somali community. Members of the community were subjected to police harassment, arrests and human rights violations while publicly scorned as associates of Al Shabaab terrorists.

In the patrol vehicle, one of the police officers remarks that were effectively Al Shabaab terrorists under arrest and our freedom rested on our ability to ‘speak’. This was a new experience for my brother and I. Our fellow “felons” seemed to get the drift and reached into their pockets. Each one parted with a bribe as they alighted from the vehicle and we followed suit. There was little choice to make. The “War on Terror” had robbed us of our moral agency.

*********

I met Leila through a mutual friend. We struck a rapport immediately, and shared many intellectual interests. We would often meet up after class, and walk down from the University of Nairobi, talking as we meandered through the maze of Nairobi’s central business district. She was tall, beautiful. Muslim and Somali. Despite coming from different worlds, religiously, culturally socially and politically, our friendship grew. We created our own little universe where we could share our feelings, ideas, grief, hopes and dreams.

My mother was impressed when she met Leila. By her poise, respect for elders (important for my mother), her confidence and emotional intelligence. In spite of all these good attributes, my mother harboured some cultural prejudices towards Leila. A few days later, she sat me down and told me: “You are now in fourth year and about to finish university and start life. As your mother, I want you to get a good Christian wife and succeed in life.”

I didn’t have a response. It was one of those things that parents ostensibly say with love but cut you deeply. We never talked about the incident again but I was affected by her words even as I tried to understand my mother’s prejudice. I finished campus a few months later and my friendship with Leila drifted apart. We soon lost touch.

After the 1998 terror attack, the bombings in New York during 911 and the emergence of Al Shabaab, it seemed that my mother, like many, needed an image to embody the angst, fear and anger that “terror” had brought into her life. Perhaps the need to put a face to the enemy influenced her prejudice and denied Leila her individual autonomy and humanity.

I partly understood it. This was her way of defending herself, a coping mechanism. The “War on Terror” had erased her ability to recognise the humanity of Leila and her story. It simplified her view to labels: brown, Somali, Muslim and danger.

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4:10 pm: #DusitAttack is trending on my Twitter feed.

4:12 pm: I check my Twitter news feed for a reliable source. I find one, Africa Uncensored’s Twitter handle: “Terrorist attack at DusitD2 hotel, 14 Riverside underway”

4:15 pm: I call my wife. “Babe, are you okay?” “Yes, I am” she responds. “Okay, I’m leaving the office now. Be safe.” I hung up.

4:20 pm: I send out a generic message, “I’m safe,” to my WhatsApp groups to calm my friends and family.

4:28 pm: I packed my bags and I leave the office.

On the afternoon of Tuesday, 15 January 2019, armed gunmen stormed into 14 Riverside, an office complex in Westlands, Nairobi that hosts offices of various organisations, a restaurant and a hotel, DusitD2. The attack began at 2:30pm and was concluded a few minutes before 10:00am the following day. Initial reports were of gunfire and two explosions at the hotel. The attackers, estimated to number between four and six arrived in two vehicles. One of the attackers went in discreetly and blew himself up next to the Secret Garden restaurant. After the blast, the remaining terrorists fired on the guards at the gates of 14 Riverside Drive and lobbed grenades setting some vehicles parked in the parking bay ablaze. The attack left more than 20 people dead.

On my way home, I scribble on my notebook the words. DUSIT ATTACK AND WHAT IT MEANS FOR THE WAR ON TERROR! This is an opening line to an editorial brief I think of writing so that I can commission a few think pieces to shed light on this issue. I would spend the next couple of days thinking about this, until it dawned on me that I had only viewed the Dusit attack as a function of my job: A story to be written, an analysis to be done and a conversation to be had. Not what it really was: pain, death, trauma and dysfunction.

As far as terror goes, I had been alienated from my humanity and myself.

*******

Political vernaculars, writes Keguro Macharia, “are the words and phrases that assemble something experienced as the political and gather different groups around something marked as the political. They create attachments to the political, and they also distance us from something known as the political. They create possibilities for different ways of coming together—from short-lived experiments to long-term institution building—and they also impede how we form ourselves as we from formations, across the past, the present, the future, and all the in-between times marked by slow violence and prolonged dying. Vernaculars are ways of claiming and shaping space.”

Keguro goes on to say that vernaculars are a discipline producing habits, dispositions, behaviour, feeling and thinking. Most of Kenya’s official political vernaculars—corruption, impunity, national security, for instance—are disciplinary. They name real issues, but they also manage how those issues are handled. They shape the possibilities for what is thinkable. They flatten thinking into habits, repetitions, and negations…they create frames on how we see each other, the world and what possibilities we can conceive.

The “War on Terror” is one of Kenya’s political vernaculars. It is the go-to word to arouse fear, anger, racism and religious hatred; to justify bombing, invasion and illegal detentions; to call for major new investments in military capabilities; to justify dependency on the western nations and to muzzle and curtail freedoms.

The implications for African governments governed by despots, warlords or even democrats is an incentive for tyrannical rule. The War on Terror serves the interests of retaining political power and justifies terrorizing of disenfranchised citizens. To the citizens, the word represents disruption, a normalising of an absurd reality, a privation of humanity, a shape-shifting enemy that yearns for innocent lives and souls; the menacing colonial state with new fangs.

We are in need of another lexicon to explain us to ourselves, to frame our sensibilities, our histories and our humanity, in the mists of absurd political vernaculars. We need words that can help us imagine what kind of world we want to build together.

We need new words untethered to the state that can help us imagine how we want to live with each other. Now, more than ever we need the strength to love and dream.

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