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Reflections

Kenya’s Prison-Industrial Complex: Check in Any Time You Like, but You Can Never Leave

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When I thought about it, it dawned on me, that everyone was guilty of some offence. If you were driving and in motion, a traffic violation. If stationary, a potential parking violation. If not driving, just walking was potentially loitering. If standing, you were possibly trespassing. If resisting arrest, well, drunk and disorderly. If in business, tax violation, tripwires criss-crossed everywhere around you.

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Kenya’s Prison-Industrial Complex: Check in Any Time You Like, but You Can Never Leave
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My abdomen clenched like a fist, my bladder tightened, I wretched and recoiled in disgust. I reflexively ducked out of the prison cell toilets.

I have grown up in boarding school, and had lived in the poor areas of Nairobi city, but nothing can prepare you for the three-foot-tall mound hill of human faeces that was slowly decomposing, two walls away from the office of the police officer in charge of Kilimani Police station. How did he survive here? How could he allow this in his police facility?

I fled back to my cell, barely three metres away. I realised how important it was that the cell had only bars where there had probably meant to be windows, otherwise the odour would have driven detainees to insanity.

I had never been incarcerated before; I had only heard about prison from reading and watching popular television shows and movies. But now my real-life journey through the so-called correctional system had begun.

***

I instinctively hated school all my life. Now in the prison system I knew why. School, like prison, is an instrument designed to break your will, to condition you to surrender. Not just your rights – to food, to dignity, to being treated like a human – but your free will itself, your right to choose.

In school, we were always asked, “Any questions?” But we knew the questions you could ask and the questions you couldn’t ask, even when you were deviously encouraged and prodded with, “Ask any question.” After many years of schooling, we intuitively self-censored. You knew that no teacher could actually entertain any question. When they asked if you had understood, you were supposed to say yes. The school rules, the syllabus, and the textbooks were your truth; they were all that was relevant. The truth was irrelevant.

Prison is kind of like school. I was in jail because I had distributed a leaflet containing thoughts and ideas that were outside “the approved syllabus” to the public. I had asked why young Muslim men were disappearing at the rate of four-a-week in Eastleigh, a predominantly Muslim area, and their tortured bodies turning up the Tsavo National Park. Others lost forever. I had asked why the leaders who purported to speak for Muslims were silent on the spate of state-sponsored killings but loud on pledges of allegiance and calls to voting during elections. I had read speeches endeavouring to wake my fellow citizens, my “school mates” in this school of life, up to the fraud being perpetrated upon us.

I had asked “Why?”

“Why?” to the tyrant is “terrorism”. The tyrant feels terrorised. “Why” isn’t just defiance, “why” is to challenge the basis of his order, the very foundation of his rule.

It is the one question you can never ask, either in school, or outside.

My odyssey was just beginning.

***

I was shuttled between police station’s cells, as my lawyer endeavoured to have me incarcerated in the Anti-Terror Police Unit’s (ATPU) holding facility, explaining to the magistrate that the devilish intention of the arresting officers to hold me while innocent in police cells was to inflict mental torture, as they knew what a few weeks in their stinking decrepit infrastructure would do to a human being. The magistrate granted our appeal, but how could she follow-up and monitor implementation? Once you are out of the magistrate’s court, the police do as they will.

Back to Kilimani Police Station. The cell I was in had a number of steel rings jutting out from the floor, two thirds of the circumference emerging from the floor, while the other third remained embedded in the cement floor. None of us in the cell could tell what purpose they served. They served no aesthetic or functional purpose we could think of.

Two days later, an apparent veteran of the prison system made his regular visit. He explained to us the rings were from the colonial times. Rebellious natives wouldn’t just be locked in, they would be chained to the floors of the cells they were held in. It was horrifying to imagine. But what struck me the most is that the colonial penal infrastructure is still intact. There wasn’t even a cosmetic makeover. The buildings are the exact same ones, the cells, even the cells doors are the very same ones the British imperialists built. At “independence” no one thought to rip up these degrading rings that held our grandfathers down like animals.

I was told Kilimani Police Station was the preferred holding facility where elites asked to be held when arrested. I was afraid to imagine what the rest were like.

I was transferred to Muthaiga Police Station over the weekend, after a week of interrogations about everything, except a possible crime or misdemeanour. Not once was I asked or told what crime I was being held for.

Three questions were repeated in different order and context: ”Do you believe in jihad?”, “Do you support Kenya Defence Force’s war in Somalia?”, and “Have you ever been to Somalia?”

It was odd, I thought, that they knew I had committed no criminal offence but they were content to persecute me. How did they live with this moral dilemma? How did the police go home everyday to their children and manage to find sleep knowing they had their fellow human beings locked up in inhuman conditions?

John Laurits writes in this insightful article that police training and institutions are designed to completely destroy a human being’s moral agency. Moral agency is the ability to choose between right and wrong. The militaristic chain of command takes away individual officers’ sense of moral responsibility and abstracts it all into the realm of bureaucracy. “The result is that nobody can be held responsible and the officer becomes an inanimate tool in the spooky hand of an unseen and unaccountable bureaucracy — the police officer becomes no more than a vessel for policies, totally devoid of agency and free of its consequences.” To know this from reading, and to experience it first hand, were completely different phenomena. Was this the dissonance Nabii Yusuf suffered as his brothers lowered him into a hole in the wilderness?

***

I was brought to Muthaiga Police Station on Friday evening. It was dark, dire and strangely very sparsely populated. I sighed with relief, but my comfort was to be short lived. “Ngoja uone,” (wait and see), my cellmate warned ominously.

At approximately ten o’clock that night there was a loud bang, commotion outside, and shouts of, “Ndani!! ndani!!” (Move in!! move in!!). Over a hundred people flooded in and were crammed into the three cells, each about nine square metres. A few were stoned but the rest seemed like anyone you’d pass by on the street on any day of the week. And as it turns out, they were.

It was dark but we could make each other out in the light reflected from the yard outside. When one of them established eye contact I asked, “What is going on? Where are you all from? What are you all doing here?”He explained to me he was netted in an “operation”, while on his way home from work. “How?” I asked incredulously. This world was new to me; his polite tone made me confident enough to ask him.

He explained that every Friday, the police would randomly cordon off different areas of public roads in Mathare, a nearby slum area, and sweep everyone caught in between into waiting police trucks. If it was your unlucky day, c’est la vie.

“What!? No!” This sounded preposterous; in my mind I thought there must be some legitimate reasons for these so-called “operations”. They could not just be mass shakedowns, it was unfathomably malevolent, it was simply unbelievable. But quietly, he told me this happened every Friday.

We fell into silence, with the occasional scuffles and fights as the drunks were disciplined by their sober comrades, who in this space had little patience for shenanigans. It was so cramped that we had to lock into each other’s thighs in squatting positions to settle in for the night and try and get some sleep. But the cramps and the freezing cold wouldn’t let any of us sleep. Why on earth would they do this? Who on earth would do this to his fellow human beings? I knew the police to be inhumane but again, to know and to experience is a world apart.

At Muthaiga Police Station, the outhouse — where one could relieve oneself — was literally outside the cellblock. We had to beg, bribe, grovel, hurl insults and vitriol at the on-duty office to let the desperate visit it. The corridor often ended being the temporary crapper.

At about 2 a.m. there was a loud shouting and banging on the doors. We could hardly see, the lights in the yard had been switched off. The police stormed the cells with torches and ordered everyone who heard their name to cross the floor where they stood armed with rifles and batons. Apparently it was roll call. I felt thankful for the rude interruption, the movement would allow us to walk and relieve the cramps.

Little did I know the open door was a gateway into another trial. As names were called out the police would randomly beat up detainees as they crossed the open space between them, roll call was running a gauntlet, literally.

Nights are long when out in the cold, but in Kenya’s jail cells nights last forever. You become certain that death from cold will find you long before the dawn does. But our will to live is stronger than we often think, and dawn does come, even in hell for a believer. When morning arrives, you are served two slices of bread and hot tea and a chance to visit the lavatory. Then you are locked up again, to begin the wait.

“Wait for what?” you might naturally ask. Not for your sins to be read, not for redemption, not even for damnation — this is the Kenya Police Force, sorry, Police Service, not God. You wait for extortion; you wait for your ransom to be read.

The caricature of an OCS (Officer in Charge of Station) waddled into the yard outside our cellblock at 9 p.m. We were swept out of the cells double time. Everyone could tell by the obsequiousness of the constables that he was the King here; his word was law.

He held out a two-foot-long book like a scroll. He read out the names of about seven of us and we were escorted back to the cells, where we watched the proceedings through the elevated barred windows of our cellblock.

The list of approximately one hundred plus detainees was read out without pause. At the end, in the guttural voice of a terribly unhealthy 100kg+ bully, he announced that every single individual whose name he had called out was charged with being drunk and disorderly and would have to pay Ksh2,000 for their freedom. He cued the police constables to herd them all back into the cellblock.

“Why on earth would they do this?” I had wondered the previous night. Then it hit me; this was why the cells had been empty when I’d arrived, they’d been cleared for the herd that was to be brought in for the night!

***

The one thing you have plenty of in jail is time. We all got to know each other. I sat next to the polite young man I had talked to the night before and we got talking. Sometimes I intentionally asked probing questions, looking for contradictions that would reveal deceit, but I found none.

John worked as a temporary worker at the Coca Cola bottling plant in Nairobi Industrial area and was on his way home from work, the same route he used everyday. He told me he didn’t take alcohol, and I believed him. He had a homely, mommy’s boy kinda feel to him, he struck me as the kind of guy who left work to go straight home to his wife every day, a decent human being in every sense of the word. He told me it was not the first time he had gotten caught in these “operations”. His wife knew what to do; they had a process. He would call her from the Muthaiga Police Post jail cell — the police availed a cell phone for detainees to use to call their loved ones to come and bail them out. She would go to the drawer where he kept his ATM card, she’d withdraw some money and come and bail him out. Yes, they had kidnap insurance.

But as luck would have it, his wife’s phone had been stolen a few days before and he had lost his ATM card. Therefore even if he could reach her, she had no way to access the emergency fund quickly enough to bail him out in time to go and save his temporary job at the Coca Cola plant. He was going to lose his money for no reason other than extortion, he was also going to lose his job as he was not going to report to work the next day — Saturday — and possibly also on Monday. This absence would be without reason, as far as his employer would know.

During the rest of the Saturday and Sunday, all manner of people were brought in for one, sorry reason, or another. From traffic violations, domestic quarrels, exam cheats, business disputes… the list of problems that brought people in was endless, but the answer that led out was only one: cash. The correctional system was a revolving door with free entry but paid exit.

When I thought about it, it dawned on me, that it everyone was guilty of some offence. If you were driving and in motion, a traffic violation. If stationary, a potential parking violation. If not driving, just walking was potentially loitering. If standing, you were possibly trespassing. If resisting arrest, well, drunk and disorderly. If in business, tax violation, tripwires criss-crossed everywhere around you. Every single action a human being could possibly perform in public was laced with a potential felony or misdemeanour, in a system of menacing laws and by-laws, one that ensured we were always guilty of one crime or another.

All the police needed to do was walk out into the street and arrest anyone or everyone they could. It helps them that everyone has been “educated” to cooperate with the legalised oppressors, it costs less. Therefore ten policemen will easily herd a hundred innocent people like sheep into jail. Once at the station, they can and do charge you with anything.

The police, the judiciary, the prisons…are all one business, a large extraction industry.

The industry’s mine is the country, its minerals are the people. The entire territory is a large prison, with ever increasing tripwires and contracting walls configured as laws, by-laws and boundaries. The population works to earn money to pay taxes that will keep the walls from contracting on them or their family members, and to prevent the tripwires from triggering the leg-lock traps.

Kenya, the entire Westphalian nation-state-capitalist system with all its glitter and promise is just one large mine of slaves, run by over-glorified guards and taskmasters. The slaves work in different parts and different levels of the mine, in order to serve time in specific cells and cell blocks with different levels of comfort and space. It is a panopticon equipped with an intricate system of locks and permission levels, to control movement either horizontally or vertically within the cells and cell blocks.

For instance, the other six “terror suspects” I had been brought in with were Maasai herders from Tanzania. They had been picked up in Narok, a town in the southern part of Kenya, for failing to show ID. They didn’t have passports. How Maasai herding goats in the Rift Valley, something they have done for centuries, had become a “terror offence” was beyond me and beyond them, given they didn’t even know what “terror” or “terror suspect” meant, but here they were.

***

Fortunately, there is nowhere angels sent cannot reach you, even in the darkest dungeons of Firaun. Mine was sent in the form of my Investigating Officer. The Muthaiga chapter of my odyssey ended early the following Monday morning.

That morning, my name alone was called. It immediately struck me as strange. I stepped out into the yard to find my Investigating Officer waiting for me. He had come to rescue me from my ordeal, I felt an overwhelming surge of fraternal affection for him. Now I understand Stockholm syndrome.

I walked out in slow uncertain steps. I was burdened with mixed feelings. Even as my heart soared in what it saw as my escape, it was weighed down by guilt. My fellow “terror suspect” detainees, the Maasai herdsmen who had suffered with me throughout the weekend, had looked at me with desperately hopeful eyes when my name was called out of the first light. “Wametukujia?” (have they come for us?), they asked desperately, hoping we would all be returned to the Terror Unit holding facility, with its working toilets and urine-free floors. I could hear them calling me, but I couldn’t look back. I still can’t. In hell, no man will care about his fellow man’s plight. You can barely bear heat of your own fires, how can you bear someone else’s?

I do not know if John lost his job at Coca-Cola, let alone if or when he was released.

I was at the Anti-Terror Police Unit holding facility for only a few more days before being promoted to full remand in Kamiti Maximum Security Prison’s Solitary Confinement Block. To await either conviction and release into the general prison population of Kamiti Maximum Security Prison, or acquittal and release into the general prison population of Kenya.

This is Hotel California*, “… you can check in any time you like, but you can never leave!”

*”Hotel California” is the title track from the Eagles’ album of the same name and was released as a single in February 1977.

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Arkanuddin Yasin is an Ideological Activist and a member of the pan-global Islamic Political Party Hizb ut-Tahrir.

Reflections

Living on the Edge: From the Favelas of Rio to Life in Mathare

Both Mathare and Alemão are full of human endeavour and misfortune in equal measure, and in both places young men, specifically, are at high risk of coming to a violent end.

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Living on the Edge: From the Favelas of Rio to Life in Mathare
Photo: Flickr/Rachel Strohm
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Lethal violence is fact in Mathare. On the day I first visit the community, tweets hashtagged #CopRashidCorruptDeals appear on my Twitter feed. I already knew of Rashid, having watched the BBC documentary about him and his team. I follow the hashtag and find this tweet from a local journalist:  “Rashid has wiped all thugs around Eastleigh, Mathare and Huruma. To us residents he is a nice guy.” The journalist in question has twenty-three thousand followers.

I’ve only been in Mathare a matter of minutes when an invisible hand runs gently over the dome of my head. It’s a familiar, yet strange, feeling. I quickly realise that this is because it is neither my own hand, nor that of Inés, my wife. The hand actually belongs to a man standing behind me. Feeling vulnerable, I move away quickly, saying “COVID” in justification for my abruptness. “19”, he responds, completing my words. It’s a funny moment and I relax.

My new acquaintance is one of the many addicts who share a rubbish dump with a large number of highly energetic and boisterous children. The children have transformed a corner of the tip into a gymnasium. The gym includes a climbing frame/assault course (improvised from an abandoned wooden structure) and a springboard — a large black tyre — from which the tiny gymnasts gracefully launch themselves. The kids are well organised. They stand in a nice queue. There are fast ones, skilful ones and learners. After a quick sprint they hit the tyre with both feet. It projects them and they spin defiantly, airborne above the garbage for a split second, before landing on the piece of carpet that serves as a crash mat. Fans gathered to watch the spectacle make approving sounds for the best leaps and twists. The contrast between the shiny-eyed bounce of the children and the glazed stagger of the addicts is stark and saddening.

I’m in Mathare to visit members of the Mathare Empire collective. The enterprising young members of this group have recently occupied and redecorated an abandoned building at one end of the trash pile. Their porch provides front-row seats from which to watch the young athletes practice their somersaults. It is fittingly decorated with a painting of a child with huge boxing gloves and a stop-corona mask. This is one of several large and handsome murals depicting faces that gaze patiently over the dump.

Despite the distracting vivacity of the young gymnasts, the garbage heap is treacherous.  It almost swallowed up a little girl recently. The piles and layers of trash hide pools of rainwater, transforming the junk into something akin to a deadly swamp. The girl, running to greet her father, sunk into one such concealed crevice and began to go under. Quick-witted bystanders saved the day, plucking her out before she disappeared.

The purpose of my visit is to present and discuss projects in Rio de Janeiro, where I lived until recently. In Rio I first worked for Amnesty International, documenting and campaigning against human rights violations in some of the city’s 1000+ world-famous and, sadly, ultra-violent favelas. I later became involved in grassroots cultural and youth initiatives aiming to empower and raise the self-esteem of Rio’s young people and communities. This work is documented in a book titled Culture is Our Weapon and included a project by JR — a TED prize-winning French artist — called Women are Heroes. Most recently, in 2019, I helped to organise the construction of a skatepark in Maré, a neighbourhood made up of sixteen favelas originally constructed on swampland.

We have lots to talk about. While sharing ideas and stories with the group, I discover they have recently taken part in a video call with Raull Santiago, a prominent human rights defender from the Alemão (German) complex, one of Rio’s most violence-hit communities. The issues faced by the residents of Mathare and Alemão are similar yet different. Both are very big, but Mathare is much more densely populated and much poorer. While both places suffer violence, Alemão is a war zone. Both are built in a valley and are full of human endeavour and misfortune in equal measure. In both places young men, specifically, are at high risk of coming to a violent end.

We go for a walkabout. My guides show me how and where they have staked out green spaces, planted trees and painted structures with bright murals, (part of their work for the Mathare Green Movement). These actions bring levity and freshness into the often airless and monochromatic environment. I’m struck by their colourful imaginings of other universes on the walls of public toilets. Just one of these strong-smelling units can cater for the needs of five thousand Mathare residents. I also learn that the toilets are centres of socialisation — children’s friendship networks in Mathare are built around who shares the facility nearest your house. Kids playing in front of several of the vibrantly decorated loos that we visit demonstrate this. The pictures on the walls imagine other possibilities — outer space or lush tropical forests — while others remind users of their current terrestrial responsibilities: don’t forget your mask!

I suffer from sensory overload walking around Mathare. As in Rio, there are myriad sights, sounds and smells to take in all at once. Because of COVID-19, school is out when I visit. Children are everywhere. The community is spread across a gentle valley, not the steep escarpments of many favelas in Rio. Corrugated iron shacks — so close together that visually they form a vast iron sheet of rusted red, grey and brown — cover the slopes. The poverty is grinding. Narrow paths zigzag between lean-tos and rank smelling drains. Most of the shacks are low and many look as if they might fall down should you push them.

In contrast, residents are mostly well dressed and clean. Commerce, licit and illicit, crowds the pathways and thoroughfares. Cheap, ripe fruit and vegetables abound. I taste sweet pineapple and see watermelon, avocados, tomatoes, garlic, peppers and onions. Vendors hawk pastries, eggs and sausages. Cooks stir delicious smelling dishes over wood fires. In Rio, obesity in low-income communities is a serious issue. Here I’m impressed — most people in Mathare look healthy and strong.

We pass a wealth of legal, illegal, social, spiritual and commercial activities — khat stalls, illicit hooch making stills, drug dealing areas, NGOs, schools, churches, mosques and markets. Public soap dispensers and water for handwashing remind us that COVID-19 is ever-present, even though social distancing is impossible. Besides the sale of food there is plentiful commerce—mobile phone businesses, hardware shops, beauty salons, charcoal vendors, boda boda riders and stalls selling new and second-hand clothes. Authentic second-hand garments are considered infinitely more stylish than bogus new ones, I am informed. Fake clothes in Mathare = a serious fashion crime! It’s the same in Rio, where favela residents take pride in their appearance. However, Brazil does not have such an abundance of second-hand imports. And so in Rio, the emphasis is more often on an item’s newness, not necessarily its authenticity.

Yet despite the trading, hustle and bustle and a resilient-looking population, the overwhelming sensation I have in Mathare is that of risky living. I can only try and imagine the heat inside the shanties in high summer or what happens during the rains, when sewers flood and the metal shanties become dangerous because of electric shocks from exposed wiring. But although Mathare is economically poorer and less developed than similar communities in Rio, I do not feel suffocated by the inescapable threat of violence. In Rio’s battle-scarred favelas, gun-toting teenagers patrol the alleyways. Bullet holes in the masonry all around inform you that the weapons are not just for show. Violence is real and present and you are constantly reminded of this.

When I ask my guides about the tweet concerning Rashid they tell a very different story from that of the journalist who described him as “hero”. For young men in Mathare, Rashid is the grim reaper in human form and something of a shape shifter, known for his ability to camouflage himself and merge with the surroundings. He carries pictures of targets on his phone. Businesses pay him to go after miscreants. However, innocents, friends, associates or just the unlucky often end up dead.

The guys I am with are mostly in their early twenties. Statistically, they are the group most at risk from police violence. The presence of killer cops does not make them safer or protect them from crime. Local thieves, they tell me, refer to after dark as “office hours” and can even rob someone they know because those are “the rules and young thieves will take everything you have—even your girlfriend. They take drugs that make them fearless and immune to pain.” These include pills called “cosmos”, sold by local dealers. Cosmos pills come in different colours according to strength and stain the user’s lips. The tablets are apparently prescription medicine for mental illness, stolen from the public health system.

Law-abiding young men in Mathare live between a rock and a very hard place. When they talk about problems, conversation revolves around work and danger. While dignified employment is scarce, even for the well-educated, the threat of violence is permanent. Rashid — seen as something of an executioner-in-chief — exercises the power of life and death through his actions and their multiplication in the public imagination.

The youth in the favelas of Rio favela suffer from precisely the same issue. Police killings (extrajudicial executions by any other name) in the city are among the highest  — if not the highest — in the world. The slaughter takes place in the context of a so-called drug war whereby society overlooks illegal police action in return for perceived security. Young men in favelas are also at risk from gangs inside their communities who also kill without pity. Fierce and chaotic gun battles between police and lawbreakers very often leave behind victims of stray bullets. By the end of 2019, Rio’s police force had shot and killed 1,810 alleged suspects in supposed confrontations, the highest annual number on record and almost twice the 1,003 victims of police violence for the entire US that year. In 2020 lethal police violence and operations in favelas in Rio continue at full steam; they did not abate even under COVID-19 lockdown.

As in Nairobi, where some locals describe Rashid as a hero, the Brazilian media and public have long tolerated and encouraged extrajudicial executions as purported crime fighting. Typical practice is to execute a victim in a fake shoot-out. In just a few hours in February 2019, during a single operation in a favela, Rio police shot and killed 13 suspects. These included nine young men in a house, who, according to witnesses, were trying to give themselves up. However, sometimes they don’t even try to pretend — as was the case in a Rio suburb in 2005, when off-duty police in cars shot and killed 29 civilians in a single evening.

Widespread public consent for criminal state violence in Brazil is encapsulated in the popular saying “a good thug is a dead thug”, first adopted by police death squads operating in the 1960s at the beginning of the country’s 20-year military dictatorship. In 2018, future president Bolsonaro took the dictum to extremes by pledging to unleash waves of violence across the country when elected, saying, “if a policeman kills 10, 15 or 20 with 30 bullets each he must be decorated, not charged”. Other politicians followed suit, campaigning on explicit platforms of lethal violence. Despite the extremely high numbers of police killings, individual cases of which are rarely scrutinised, Bolsonaro committed to the introduction of new legal mechanisms to further protect killer police from investigation.

In Brazil, killer cops, drug traffickers and death squads have long terrorised low-income communities across the nation. In rural areas, local police and hired gunmen provide such a service. In cities and their peripheries, the absence of the state and lack of regulation in poor neighbourhoods and favelas offer a wealth of illicit opportunity. Whoever provides security in these areas can step in to control the local economy, provision of services and crucially, access to the electorate. Paramilitary groups, known in Rio de Janeiro as militia, have lately appropriated this model — a fusion of traditional politics, organised crime and territorial control. Usually linked to police, prison and fire services, today the militia operate in more than half of the city’s neighbourhoods.

Cameroonian political scientist Achille Mbembe has identified this process — the political management of vulnerable populations through their exposure to death — as “necropolitics”. Necropolitics clearly regulates life in Mathare as much as it governs Rio’s favelas. Police like Rashid are not there to fight crime. They defend a status quo.

When I am about to leave Mathare after my first visit, I have an indication of what the maintenance of this status quo entails. Two very burly policemen brandishing enormous sticks barge their way along the street and disappear behind some huts. People double their speed to get far away from them. Doors close and the street empties. Twilight falls. A palpable tension replaces the relaxed late Saturday afternoon coming and going. Onlookers inform me that the police are there to extort payment from vendors who sell glue and “jet fuel” — ultra-cheap ethanol for inhaling — to the crushed adults who converge on the garbage dump.

***

Thankfully, the next time I visit, there is a much more pleasant atmosphere in this corner of Mathare. The area outside the bungalow, as the Mathare Empire members call their HQ, is swept clean. Local and guest artists perform on a brightly coloured stage, made from pallets painted purple, red, yellow and green, to a hyped crowd who occupy the kids’ gymnasium at the edge of the dump. They talk, sing and rap about police violence and issues of the day, like COVID-19. But the event is not a political lecture and nor is it gloomy. The group had spontaneously decided that what was originally going to be a concert would instead be the first ever “Mathare Futurism Day” – a gathering of local painters, artists and musicians to celebrate community, address current issues and reimagine Mathare. “Moments like this”, Wyban Mwangi says, “remind people about the beauty of self-dignity and the constant need to struggle for a better, healthier and safer place to live”. In communities governed by necropolitics, such resistance provides vital hope, freedom and breathing space.

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Reflections

I’m Black, I’m Proud. Still

You can’t feed into the darkness. You can’t demand anyone to know what you know, to understand what you understand. People come to truth when they come to it and not a second before.

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I'm Black, I'm Proud. Still
Photo: Unsplash/Oladimeji Odunsi
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Growing up down south in the aftermath of the 1960s Negro Revolution in America was truly the best. During that period, three out of every four Black children in America were born in a two-parent home. By the 80s, that number would drop to one in every four.

Education and opportunity were becoming more accessible to black and brown communities everywhere. It would be the force that would get us out of the hole history had placed us in.

We were moving forward and everybody could feel it, but as much as I liked going to school and learning new things, my favourite memories are of when, after school, I got to spend time with my brothers and cousins. There was just something magical that happened when we were together.

We would meet over at grandma’s house in that part of the city we called the village. The village was a straight, two-block walk from school, down King Street, past the Piggly Wiggly store parking lot and then to the stoplight where you take a right turn onto Rommey Street, and another right on to what looks like a parking lot on the side of the church, and just at the bridge, before you crossed the old train track or you would have missed it, the entrance to the court. Thirty or so homes behind the old Methodist Church on a road invisible from the street laid out in the form of a horseshoe.

I cannot talk about the village without talking about the city and the state. Charleston, South Carolina is a peninsula city located on the South Carolina coastline. It was one of the thirteen original colonies and the very first state to break away from the Union, and one of the founding states of the Confederacy.

The village was a housing initiative following the 1964 Civil Rights Act aimed at breaking the cycle of poverty by moving Black families out of the old housing slums and projects and into new affordable homes.

The difference between the projects in the South and the projects up north is the space and design. In most cases, southern projects were designed to be communal properties, different from the stacked high-rises up north or in the Midwest.

The projects down south were simple properties where people learned to share. They shared the backyard when the sun got too high and the front when people just wanted to be outside and catch a breeze. Everybody knew one another and called each other by name. Family arguments, celebrations and losses spilled into neighbouring apartments causing people to act like one big extended family. And even though everybody was poor, they would have been hard-pressed to admit it. Poverty was a state of mind. The community spirit emphasised generosity and everything was shared. If you were hungry and didn’t have food, you could always ask next door.

Having lived in the projects for decades, my grandparents were one of the very first people to be offered a house in the village. I can remember the move like it was yesterday, everyone was so excited.

The year was 1973, I was eight years old. For the first time Black families in Charleston would have the chance of a normal life.

My grandparents, long into retirement, coupled with our large, extended family of cousins, uncles, aunts and three brothers – two older and one younger – were a great source of pride and joy until I learned that the American egalitarian beliefs which I thought were as perfect a foundation as there could be, were but an illusion, a well thought out scheme. We weren’t freed, we were just moving boxes.

Although everyone got their own private home, some did build fences around theirs but others opted against this, allowing for yards to overlap, creating a more open and vibrant community.

My grandparents had a high chain-linked fence, but there was still this sense of togetherness. When something went wrong in the village, the elders would be the first out to deal with it.

My exploration of the real workings of America would begin from within this village in 1976, the year that America celebrated its 200th anniversary of independence from British rule.

That year, I began to see that the ideals that gave birth to the idea of “We the People,” did not include people like me.

I remember a young militant uncle, oozing Black pride, spilling the beans and pointing out to me that neither he nor I, nor any of the millions of other Blacks had reason to celebrate America’s success.

As my White and Black classmates and a nation prepared for the grand July 4th spectacle that would include a  freedom train,  a scheduled stop in our city,  marching bands,  hotdogs, cotton candy and fireworks, I began my own re-education, reading keenly to understand the origins and the construct of the first Americans.

In the 200 years since the Protestant Christians invaded America they’ve enslaved millions, massacred the Indians, and everything we’ve suffered – the chains, the church bombings, our leaders assassinated, brothers lynched – all of it has been part of an elaborate scheme to keep Blacks subjugated.

In June 1740, the British Parliament passed the Naturalization Act of 1740 – the “Plantation Act” – into law.

In this decree, any White European Protestant alien who had been living in any of the thirteen colonies for seven years without being absent from that colony for more than two months, was deemed to be a natural-born citizen of the United Kingdom.

The Plantation Act of 1740 was a direct response to the September 1739 Stono River Slave Rebellion in South Carolina. The Stono Rebellion was the largest slave insurrection in British North America that culminated in the deaths of 25 colonists and about 50 Africans. It was led by an Angolan known as Jemmy and a band of about twenty slaves, who broke into a store, armed themselves and demanded their freedom. They marshalled a group of 60 slaves in an attempt to reach St Augustine in Florida, where the Spanish guaranteed freedom and land to any fugitive slave. The rebellion was crushed at Edisto River, 80 kms away from where the rebellion had started.

The 1740 law criminalised the Black experience itself, restricting the right of free movement, the right to free assembly, and the right to be educated or to earn money. These punitive and discriminatory laws created by men who claimed to be good Christians, legislated the right of plantations owners to even kill rebellious slaves.

Most colonialists considered themselves British until the year 1776 when resentment began to fester among the settlers. Frustrated by taxation and a lack of representation in the British Parliament, these new Americans declared war on their own government demanding independence.

That same year, the British-born political activist, pamphleteer and immigrant to the colonies, Thomas Paine, published a pamphlet titled Common Sense in which he argued the case for a new “America”.

“Europe, and not England, is the parent country of America. This new world hath been the asylum for the persecuted lovers of civil and religious liberty from every part of Europe.”

The American War of Independence was fought from 1776 to 1783.  Seven years later, the Naturalization Act of 1790, the first naturalization law of the new republic legislating who could be granted United States citizenship, was passed into law.

All Free White Persons of “good character” who had been residing in the United States for two years or longer could apply for US citizenship.  In effect, the law’s use of the phrase, “free white person” excluded blacks and immigrants of other races from being eligible for citizenship, and most importantly, for protection under the laws of the court.

As a child I had drank the Kool-Aid and believed that it was peaceful cooperation between the pilgrims and the native Indians that had established the widely practiced Thanksgiving holiday tradition.

I recall summers spent playing cowboys and Indians with my brothers. We took turns at who got to play the Indian. I felt no shame striking the Indians down with my rifle. They were always the bad guys, raiding the poor settlers’ forts, attacking their caravans. But I was baffled by the contradictions. Why would the Indians save the pilgrims who were dying from the cold and hunger only to try to escape from them later? It just didn’t make much sense.

Then it came to me: the Native Americans were fighting to protect their land. We weren’t playing a game; what we were doing was re-enacting a massacre. Over five million Native Americans were killed before the West was conquered.

Regardless the age at which one arrives at truth and understanding, it is always disorienting and disheartening. I’ve found that whether one accepts it or not, the only thing we can be certain of in this world of uncertainty is change.

I spoke with many people after the first 2020 Presidential Debate between President Trump and the Democratic nominee former Vice President Joe Biden that took place in the midst of heightened racial tensions and the COVID-19 pandemic. I got many mixed views regarding the outcome of the debate; some were shocked by the childish display while others dug in, taking sides and displaying party loyalty like it was a football game. Of the many reactions I got, one zoom call from home with my older brother really got me thinking.

“Can you believe that man?”

My older brother is now 60.

I had noticed him wiping his eyes.

I asked, “What ‘s wrong?”

At first he didn’t (want to) speak, he just kept brushing the tears away, then he began,

“Little brother, we grew up together,” he said.

“We pretty much had the same childhood, but I’ll tell you, I have never had any white person call me a nigger or spit on me like these guys up here in Philadelphia tell me they have. I have had White teachers down south who were some of the nicest people you’d want to meet. But, looking at that debate last night and the President of the United States refusing to denounce white supremacy as racist, I just never, you know, thought White people hated us that much.”

I empathised with him because I knew the pain of sacrifice, service, abandonment, rejection and betrayal.

I joined the US Military at seventeen to prove my allegiance to the ideals that made America great in my mind, but war in a foreign land far away from the ones I loved taught me the truth about service and the value of my life.

My brother and I grew up five years apart in a changing post-civil rights America. We were kids of the Kool-Aid generation, the first of our kind. We had opportunities our parents could only have dreamt of. We were the hope of a brighter future, a brighter America. A post-civil rights America.

In the 1960s, the far right party was a party bent on preserving the privileges of natural-born Whites in America, Jim Crow’s America. However, during the 1960s a new consciousness emerged as young White Americans took to the streets to say that they had seen the attack dogs set on peaceful protesters and wanted a better America. In January 1961, a young President-elect  of Irish descent and a wealthy practicing Catholic would become the embodiment of the American dream and challenge the good American Christians to look into their hearts and minds and begin anew to create a better nation where the rights of every American, White and non-White, were protected under the laws of the land.

With a rousing inauguration day speech, JFK inspired Americans to think better of themselves, to think higher of themselves: “Ask not what your country can do for you, but ask what you can do for your country.” He had spoken and the people spoke back. My parents gave me his middle name because they believed life for Blacks in America would be different.

But, in November of 1963, the 46-year-old president, John Fitzgerald Kennedy, was gunned down by a lone gunmen while out in Texas promoting his ideas of equality to the American people.

This is America

My brother was crying because it was hard for him to accept people could be so calculating and one so naive. He, like so many others, wanted badly to believe in a land blessed by God.

I was twelve years old when my big brother left home. He moved up north straight out of high school, where he built a career and retired as a professional chef.  He found love, family and set up a home up north. But in the Trump years, the scales fell from his eyes.

“I never had a racist moment down south, not like the kind of racist moments these guys tell me they’ve encountered here in Philly. I mean I just never believed White people hated us that much.”

I knew the anguish, the shock.  We Blacks down south don’t complain, we see but at the same time we’ve learnt not to see.

My grandma in the village used to say, “You can’t feed into the darkness. You can’t demand anyone to know what you know, to understand what you understand. People see what they want to see. People come to truth when they come to it and not a second before.”

But what you don’t do is stop living.

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Reflections

Gold and Gemstone Policy in Kenya: The Devil Is in the Detail

Small-scale artisanal gold and gemstone mining is decades-old but lack of knowledge and expertise, and limited support from the government have hampered the sector’s development.

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Gold and Gemstone Policy in KenyA: The Devil Is in the Detail
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The evergreen town of Kakamega is a picture of the hustle and bustle typical of any Kenyan town, with many hundreds of folks going about their daily business. But as you leave the town behind, the environment changes, a lush countryside of cultivated fields and densely planted trees giving no hint of the gold mining taking place in the nearby locality of Ikolomani.

Across the country, 432 miles to the southeast of Kakamega is the beautiful transit town of Voi, the largest town in Taita Taveta County which lies at the foothills of the Sagalla massif. But the much smaller town of Mwatate is the county capital, and the source of gemstones that Kenyans from other parts of the country know little about. Mwatate has rubies, red garnet, emeralds, moonstones, tsavorite, okenorite, and many more.

Small-scale artisanal gold and gemstone mining has been going on for decades in both Kakamega and Taita Taveta counties, undertaken mainly by local artisanal miners and by a few non-locals and foreign nationals.

The Mining Act 2016 recognises three levels of mining rights: artisanal mining permits, small-scale mining permits and large-scale mining licences. The small-scale permits and large-scale mining licences are issued at the national level through the Kenya Mineral Rights Board (MRB), while the artisanal mining permits are issued through the county artisanal mining committees. The Mineral Rights Board and the county Artisanal Mining Committees are administratively governed by the State Department of Mining under the Ministry of Petroleum and Mining. The Director of Mines and his representatives in the various counties are in charge of overseeing the implementation of the ministry’s policy frameworks. The Ministry of Petroleum and Mining has key mining regulations in place to govern this process.

But even though the Mineral Rights Board is in place, the process of setting up the county Artisanal Mining Committees (AMCs) has been long drawn out and there seems to be no hurry to implement the mining regulations that were commissioned in 2017. Kakamega County’s AMC was gazetted on 27 March 2020 and the team commissioned on 20 July 2020. However, the AMC has yet to begin its work as the key governmental mechanisms necessary to run the committee are still pending and so no mining permits have been issued to artisanal miners in Kakamega County since the gazettement.

Artisanal miners in Taita Taveta County are in a different situation altogether. The list of members of the county AMC constituted through their appointing authorities has been forwarded to the Ministry of Petroleum and Mining but the AMC has yet to be gazetted. When contacted on this issue, one of the reasons cited by the ministry officials was that factions within the mining fraternity have disputed the list of people proposed to be part of the AMC.

Applications for small-scale mining permits are submitted to the Mineral Rights Board through the Mining Cadastre Portal. The platform is meant to bring these services close to the miners but they complain of the slow response from the Ministry of Mining. They must travel to the ministry to submit the paperwork even after uploading it onto the portal. Access to a stable internet connection is also a challenge in the remote areas of Taita Taveta and Kakamega while some of the small-scale miners lack the capacity to use the online system. Most have to travel to the Ministry’s offices for assistance or else hire someone with the skills to undertake the work for them, rendering the application process both tedious and time-consuming.

The ministry has not undertaken any capacity building and shows a lack of commitment to make the system more efficient and user-friendly. The biggest hindrance, however, is the low budgetary allocation made to the Ministry of Mining, which leaves the staff with limited options in their efforts to serve small-scale miners.

The stated goal of the Mining Cadastre Portal is “to provide an electronic platform for all stakeholders in the mining sector in Kenya to engage directly with the Ministry of Mining.” Existing mineral rights holders (those with mining permits and licenses for mining) or those with pending applications can download, complete and upload the requisite documents. Prospective mineral rights holders can also submit their particulars and other supporting documents through the portal.

The portal is also a one-stop shop for information on mining activities in Kenya. It has a cadastre map of the key areas with mineral resources, as well as details of licence holders, and on-going applications; a click on any part of the map automatically displays the existing information about that specific geographical location.

For artisanal and small-scale miners (ASMs) in Kakamega and Taita Taveta, the portal has had a significant impact on access to public information on mining in Kenya. But the portal also has its limitations. Mining is a highly skilled sector that requires high levels of expert knowledge. Some of the requirements on the portal are beyond the scope of knowledge of most gold and gemstone miners in Kakamega and Taita Taveta. For instance, the portal requires a miner to take the coordinates of the area for which they are applying for a permit. This requires equipment that is typically used by geologists and land surveyors and that is expensive to hire or purchase. A sketch of the area or locality where the miner intends to undertake extraction is another requirement, a very sophisticated process that miners in general cannot undertake on their own.

Lack of knowledge and expertise coupled with lack of access to the internet, or even computers, therefore leaves the small-scale gold and gemstone miners unable to fully exploit the portal.

Aside from these limitations, however, the Kenya Mining Cadastre Portal has been a game changer when it comes to eliminating brokers from the mining sector and it has proven to be a more efficient system than the manual issuing of permits and licences

For instance, unlike the manual system that had no clear guidelines regarding payments, all fees due to the ministry are clearly indicated on the portal and paid directly to the ministry through a cashless system. Moreover, as the portal has centralised all the country’s mining information, cases of loss or manipulation of files or documents have reduced significantly.

The gold and gemstones that are mined in Kakamega and Taita Taveta are exported out of the country with or without any value addition under the provisions of the Mining Act of 2016 which require an export permit from the Cabinet Secretary the application for which is made on the Mining Cadastre Portal.

But while the law on the issuance of mineral export permits is sufficiently detailed, its implementation is the biggest challenge and I have no doubt at all that gold and gemstones are imported into and exported out of Kenya without any form of declaration. There are many routes along the porous Kenyan boarders through which the minerals can slip in or out of the country.

For instance, most of the gold that is mined in Kakamega is taken to Uganda by road undeclared. How can this be remedied, especially for gold and gemstone miners who want to run a clean business? Also, the process of implementing the gold refinery centre in Kakamega and the gemstone value addition centre in Voi remains pending. If the sector is streamlined, then the issue of traceability of gold and gemstones will be resolved and the mineral export licence will be of value to the artisanal and small-scale miners in the sector.

The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.

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