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Table of contents
- Dying for justice - The British Library
- The Globe and Mail
- Dying for Justice
- Loss, Dying and Bereavement in the Criminal Justice System
There were certainly jitters in Nairobi. Attending a discussion at which Prof. It was farcical, given that not too long before, Oulu and Kingara had been killed in death squad style.
Dying for justice - The British Library
Mohochi decided to play along, giving two death threats against him as an example. To date, neither Mr. Iringo nor Parklands Police have ever contacted me about the same.
We were meeting at the Kenya Human Rights Commission, and had a budget for this. Defenders were always alive to the sorts of risks their work attracted. To date, the NCHRD has taken up hundreds of protection cases from across Kenya while doing what every responsive organisation in its shoes would ordinarily do — to continue disrupting itself and adopting fresh strategies as new threats emerge.
From the word go, the difficult question has been — and not only for the NCHRD: How does one ascertain what comprehensive protection entails? With time, the scope of what it means to offer protection has kept expanding, as new, more complicated cases have landed at the NCHRD. The broad strokes with which protection has been painted include offering legal, medical and psychosocial support, and in extreme cases, relocation. The practicalities of these range from bailing out activists during protests, to offering them advocates for those charged in courts of law, paying their medical bills and offering counselling, all meant to cushion human rights defenders, especially those in the frontlines at the grassroots.
These sorts of interventions can be difficult, since organisations such as the NCHRD almost always have budgetary constraints. The idea that anyone can knock on their doors anytime and seek assistance has similarly created the impression that the organisation is swimming in wads of cash, something Salome tells me is far from the truth.
The Globe and Mail
Interestingly, the largest chunk of their budget goes into offering legal support. This means ours is a continuous, long game of legal support. According to Mohochi, the evolution of the concept of protection cannot happen without local context. You can imagine how many people one might need to relocate, but then after they come back what next?
Dying for Justice
I therefore believe in a proactive approach to protection, where we built a nationwide grassroots network of defenders who continuously assess their risk levels and act to mitigate threats before things escalate. We encourage them not to take suicidal risks. Missing alongside Willie were his client, Josephat Mwenda — a bodaboda rider and victim of a supposed accidental shot in the arm by Senior Sergeant Fredrick Leliman — and Joseph Muiruri, their taxi driver.
The state quickly complied and moved to investigate. All were stuffed in the kind of gunny sacks usually used to package agricultural produce. The autopsy revealed that the trio had been clobbered on their heads by a blunt object before being strangled. The killers had hit Willy the hardest; his skull had the severest fracture. Mwenda appeared to have been physically tortured the most, as if someone sought a confession from him. Muiruri, the taxi driver, seemed to have been collateral damage, a case of being in the wrong place at the wrong time.
The game-changer in the Willy, Mwenda and Muiruri case arose from a most unlikely quarter.
Peter Ngugi Kamau, a police informant whom preliminary investigations had placed inside the murder syndicate, unleashed a page confession, detailing how the three men were abducted after leaving Mavoko Law Courts before being driven away in the vehicle of Senior Sergeant Leliman, the man accused of shooting Mwenda. Leliman was in charge of the Syokimau AP Camp, which is where he held the abductees in a cell. According to the confession, Willy, Mwenda and Muiruri were later driven to an open field where they were killed one after the other before their bodies were disposed.
Their dramatic trial is still ongoing. Questions have been asked as to why the police moved swiftly in the matter.
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Was it the Americans, or was it because the decision to kill was made by junior officers, or both? Does the level at which a decision to kill is made affect the nature and speed of investigations? For now, hope abounds that justice will be served. They were mistaken.
Lawyers and other human rights defenders saw the deaths as a wake-up call. The next big hashtag campaign a couple of years later resulted in serious contestation. On 10 February , FindCarolineMwatha was the big fuss online. Seeing that it was December and organisations were preparing to break for the holidays, there is a real possibility that some of those pleas went unheeded, or those concerned planned to act in the New Year. We evacuated a few individuals, with the majority retreating to their home villages.
A hardcore grassroots organiser, Mwatha was part of a ground-up human rights movement, where instead of waiting to write and release reports in air-conditioned offices, they operated at the very front lines, shielding disadvantaged communities from rampant police brutality. In her Dandora locale, Mwatha and her colleagues were investigating a number of extrajudicial killings, especially of young men killed in cold blood on the pretext of fighting crime.
It was because of this work that trigger-happy policemen were slowing down. After the hashtag trended for a few days, on February 11, activists met and decided to hold a protest the following day to put pressure on the state to either produce Mwatha, or give a progress report on their investigations, if any. The protest never materialised.
According to subsequent investigations, the police alleged that Mwatha had been brought to the facility after dying from bleeding at a clinic in Dandora, where she was procuring an abortion. Through a series of media leaks, the police alleged that from their analysis of her phone records, Mwatha was having an extramarital affair which resulted in an unwanted pregnancy, hence the abortion. The autopsy, which was witnessed by leading members of civil society, revealed that Mwatha bled to death courtesy of a raptured uterus.
However, the looming question the pathologist left for investigators was: Did Mwatha procure the botched abortion voluntarily, or was it done to her against her will — for her to bleed to death and for the abortion narrative to be used as a cover-up for murder? In the world of activism, it is common for perpetrators to employ such seemingly picture-perfect techniques in eliminating a target. To them, it remains an assassination. Some observers claim that this is not unusual at this stage of our development where the government is the largest business in town and all the significant private sector players must interact with it.
The line between where the public ends and the private begins can at times become blurred, and so, for our elite, a serious anti-corruption drive is akin to suicide. These informal arrangements often have greater currency than formal governance institutions. The police can arrest someone for an offence but ultimate punishment is entirely dependent on the complex and constantly shifting web of relationships that dictate who can steal, how much and for how long. The local pro-democracy energy dissipated immediately a Kikuyu, Mwai Kibaki, became President in and did not return with the election of Uhuru Kenyatta, another Kikuyu.
The lengths to which educated, reasonably sensible people will go to rationalise the excesses of the current regime is astounding. This gobbledygook is self-reinforcing as people do all they can to convince themselves that the absurd is normal. This social reengineering has been accompanied by a retreat to the church; as the rationalisations fail to gain traction, they are rendered, through a variety of crusades and fellowships, by all manner of bishops, prophets, prelates, brothers and other holy men and women, into a realm where to question the absurd is to sin.
Loss, Dying and Bereavement in the Criminal Justice System
In an ethnically polarised contest it is dangerous for a tribal kingpin to relinquish power in the midst of an economic meltdown, political confusion and a fragmented elite. But this time, more than at any other since independence, the mood among the other communities will likely be cynical if not outright hostile. Indeed, it was quickly clear that when Uhuru Kenyatta became president in he was sensitive to these powerful ethnic sentiments. By the end of the ICC had been tackled to the ground. However, many of the most egregious scandals ostensibly being investigated today were cooked up then; the government went on a borrowing spree and public officials on a looting one.
It was breathtaking—the Standard Gauge Railway, Eurobond and National Youth Service scandals will be the subject of academic scrutiny for many years to come. During the second phase, to , and with the ICC cases out of the way, President Kenyatta injected new vigour into the fight against corruption. For the Kenyatta family, the end of the ICC cases also presented an opportunity to disentangle themselves from the increasingly odious partnership with William Ruto and restore relations with the West unencumbered.
Still, relations with the West changed for the better and a number of investigative and development agencies from the United States, the United Kingdom, Switzerland and other Western nations threw their weight behind the change by providing resources and personnel on the ground. While it was a dramatic move and excellent fodder for the press, seasoned investigators were aghast that the head of state had essentially handed over to parliament—in which some of the very officials mentioned in the report sat—a list that was a work-in-progress, an operational report prepared by the EACC.