I have been working in Kisumu, Kenya with CLEAR(Christian Legal Education Aid and Research)-Kisumu, a JusticeMaker project, for three weeks now. I have been waiting patiently for excellent internet so that I can upload a real slideshow, but the fast internet has yet to come. So here is a smaller sampling of the projects the JusticeMaker project is participating in as well as some shots to help explain the atmosphere for human rights violations by looking at failing industries, abandoned children in orphanages and remand homes, victims of police violence, and the aftermath of the post-election violence in Kisumu.

Besides taking pictures, I have been doing a lot of planning on visiting important parts of the culture of human rights in Kenya. Humera and I will be touring the Kakuma refugee camp near the Sudan border for a week, going on a safari to experience what tourism means to Kenya, since it is such a vital part of the economy and of the international perspective of Kenya, visiting large farms and apiaries, hanging out with more children at orphanages, visiting all the other CLEAR offices in Kenya to get a wider view of the work being done and the work that needs to be done, visit churches and other religious services to help with our understanding of faith and morality in Kenya, and visit as many government, UN, and NGO offices as possible to interview and discuss political and human rights issues in Kenya.

CLEAR-Kisumu JusticeMaker Peter Onyango discussing with a client’s parents at Oyugis Court House.

Peter catching some rest after a long morning traveling to pro-bono court cases.

Outside of the Oyugis Court House

Matatu ride back from early morning court visit with Peter from the CLEAR-Kisumu JusticeMaker project.

Students at a local Kisumu secondary school participate in law clubs organized by the CLEAR-Kisumu JusticeMaker’s Project.

Local cow, while travelling to Usenge with Joan Neto, an advocate who does work for the CLEAR-Kisumu JusticeMaker’s Project. Neto is helping a local man named Henry Kissinger provide legal advice to the community and she helps him organize his legal documents. Kissinger runs a community center in Usenge, which brings internet and computers to the locals and teaches sustainable farming practices in the wake of the dying fishing industry. Usenge is historically completely economically entwined with the fisheries. Through Kissinger’s Vision 2015 plan he hopes to change that, making Usenge a tourist destination.

Henry Kissinger’s 104 year old grandmother insisted that I take her picture in this pose.

Here is where I make the departure from black and white to color. I still made the black and white editions, but just decided against it. A thunderstorm brewing outside the CLEAR-Kisumu JusticeMaker’s Project office.

Heavy rains down mainstreet Kisumu.

Thunderstorm outside the CLEAR-Kisumu JusticeMaker’s Project office.

Dennis Okore, a communications intern for the CLEAR-Kisumu JusticeMaker’s Project, sits outside the office as a storm approaches.

Children at the Kisumu Children’s Remand Home celebrate the day of the African Child. CLEAR-Kisumu JusticeMaker’s Project represents some of the children in court and was a sponsor of the event, which celebrates the rights and freedoms of African children.

Children at the Kisumu Children’s Remand Home line up for lunch.

Accounting for all the children at the Kisumu Children’s Remand Home.

Children participate in games at the Day of the African Child celebrations at Kisumu Children’s Remand Home.

The inner courtyard of Kisumu Children’s Remand Home, where the CLEAR-Kisumu JusticeMaker’s Project represents some clients and assists with legal advice.

The inner courtyard of Kisumu Children’s Remand Home, where the CLEAR-Kisumu JusticeMaker’s Project represents some clients and assists with legal advice.

Kenyan President Mwai Kibaki hangs in almost every business and government office.

Church outside Kisumu City. Religion and faith play very important roles in Kenya and you need to always keep them in the back of your mind.

Child at the New Life Hope Orphanage for 0-4 year olds. Members of the CLEAR-Kisumu JusticeMaker’s Project volunteer and visit here to help take care of the babies.

A victim of post-election violence in Kisumu. For weeks after the elections, Kisumu was constantly be burning and many major businesses were destroyed. All matters in the town came to a standstill, the streets were unsafe because of rioters and police and supplies of water and food were hard to come by.

A protestor at a demonstration against the police violence during the post-election violence. This protestor had his business destroyed as well in the conflict.

A tree at Hippo Point, Kisumu.

JusticeMaker Joy Mdivo receives her award in person from Sanjeewah.

Sanjeewah announcing that Evans is the newest JusticeMaker.

Evans at his small farm after winning the JusticeMaker competition.

A young boy carrrying water on his bike in Ukwala, a small town where the CLEAR-Kisumu JusticeMaker’s Project is working with local chiefs to organize a future legal education program in the community.

A young girl in Ukwala.

This man met me after I woke up at 5 in Ukwala to get on a motorbike for 25 minutes to go to the Nzoia river for sunrise.

The Nzoia River before dawn outside Ukwala.

Fishermen on Lake Victoria work through the night outside Usenge. The fishing industry is extremely important to coastal communities like Kisumu and Usenge, although Kisumu’s fisheries are almost completely depleted due to overfishing and the Hyacinth invasive plant. These men work through the night because they need the money, not because that is the best time to fish. Many of the men have large families and are unable to pay school fees.

Fishermen on Lake Victoria around 4 am.

The fish cover the bottom of the boats.

Fishermen working through the night on Lake Victoria.

Usenge Beach during the morning fish market.

Birds wait patiently for their chance at the fish.

Lake Victoria fishermen at Usenge Beach.

Lake Victoria fishermen at Usenge Beach.

Lake Victoria fishermen at Usenge Beach.

Beauty “Saloon” inside a women’s prison in Eldoret. Another branch of CLEAR works in the Eldoret prisons also giving legal advice and pro-bono representation.

Monday nights at 9:30, CLEAR staff Dennis Okore and advocate Peter Onyango are on air hosting a legal affairs talk show on Radio Nam Lolwe 97.3 FM Kisumu.

Dennis, a communications intern, has been instrumental in developing the radio program. “Apart from the need, we saw the radio show as a great pasture for anchoring some of our activities. We had the idea since CLEAR started and pushed it further.”

The radio show began two months ago in partnership with Radio Nam Lolwe which is providing air time free of charge. When CLEAR approached other stations they were asked to pay 200,000 shillings a month, approximately 2000 USD, too high a price for the small non-profit. 

A community radio station, Radio Nam Lolwe has been highly supportive of CLEAR’s initiative recognizing the need for greater legal awareness. In Kenya, radio is an ideal medium of communication, free and accessible to people in all regions. Moreover, many in the local community do not speak English, and are therefore unable to access daily newspapers.  Radio Nam Lolwe broadcasts in Luo, the regional language, and is able to reach those who are often excluded from wider national debate. 

This Monday’s show discussed the constitutional review process currently underway in Kenya. Kenyans have been attempting to develop a new constitution for the past three decades, a process riddled with controversies and partisan interests.

In December 2008, Parliament began the process once again, establishing the legal framework needed to support consensus building. Once a draft constitution is prepared it will be put to referendum and a majority vote will determine whether it is accepted.

While the body responsible for preparing the draft is mandated to educate the public on the revised constitution before it is voted on, many Kenyans remain unaware of the proposed changes, the procedure, or how they can participate in the process.

CLEAR’s radio program addresses the need  for public education on the legal issues which affect Kenyans most. The talk show accepts phone calls at the end of each session, allowing Peter and Dennis to respond directly to listeners.

Tuesday morning was an early start for CLEAR advocate Peter Onyango who set out for Oyugis, a small town south of Kisumu to represent a nine year-old girl in a defilement case referred to CLEAR by World Vision.On the 29th of January the girl was out buying food. On the way she met two men returning from a hunting trip who offered her a rabbit. She refused. Then, one of the men forcefully took her into the bush where he sexually molested and defiled (raped) her, later confirmed by a doctor in hospital. The people of her village found the man and arrested him.

CLEAR staff take few cases outside the city. With a limited budget, travel costs outside Kisumu add up quickly, and the four hour trip to the rural courthouse by bus, matatu, and motor bike can be very tiring. Although Peter arrived to court just in time, the defense lawyer failed to appear due to illness and the hearing had to be adjourned yet again.

Peter found the family of he girl walking quickly away from the courthouse after the court broke session. They were understandably frustrated, but Peter reminded the family that criminal proceedings take time and encouraged them to keep coming back to complete their case. Discouraged by the complicated and lengthy trial procedure, some families give up on their cases before the court concludes proceedings. They never find justice, and some are even sued later for defamation of character.

Many factors prevent families from pursuing justice, such as the inability to afford an advocate and interference with witnesses. But even the cost of traveling to the courthouse can be a barrier. This family is only able to attend court because of assistance from World Vision who drive them to and from the hearings.

The father explains that he wants to see justice done so that his daughter’s case is a lesson to others. But justice in Kenya is expensive, and without the support of a CLEAR advocate their case may not have proceeded as far as it has. Peter explains that this family requires constant encouragement, support a state assigned prosecutor with tens of such cases would not be able to provide.

Overall, the family comments that they have seen CLEAR’s assistance in a great way, even inviting Peter to visit them in their village. The next hearing is scheduled for the 7th of July, at which time the mother will present evidence.

Dedicated CLEAR staff Dennis Okore and advocate Peter Onyango braved the afternoon heat last Friday as they waited for permission to enter Kodiaga prison, Kisumu where CLEAR is providing free legal aid to prisoners. CLEAR has been visiting Kodiaga prison each Friday for the past two years, however securing permission to enter the prison is a weekly ordeal.

Kodiaga is one of four maximum security prisons in Kenya, and guards at the prison are rotated many times throughout the day. Although CLEAR has secured clearance from senior prison officials, poor coordination means that these orders rarely reach the prison gates. As a result, CLEAR staff encounter a new guard each week and are interrogated each time they enter.

“It is so discouraging, the challenges we face. The change of guards, the system, the structure, it’s just cumbersome,” said Peter. “There are times when you might go and come back without ever seeing them. But we don’t give up, this is the work and if we don’t do it no one will.”

While the delays are frustrating, senior prison officials are welcoming of CLEAR’s activities and a room has been set aside for legal education. Peter had asked to meet with only 10 prisoners, but over 20 filed into the small room. CLEAR’s weekly visits are a rare opportunity for prisoners to speak with an advocate to receive legal counsel as well as assistance contacting friends and relatives.

“Being a laymen, I thank them. We have a lot of ignorance and we don’t know our rights. Through their advice we are able to bring our cases to trial,” commented a prisoner. ”The most important thing is the duration which our cases stay in court. In our constitution we are told that we have a right to an expedient trial. Some of us are here for 4 good years and that duration is too much.”

Remand prisoners may wait months before receiving their time in court, and with repeatedly adjourned hearings, years may pass before they are found innocent or guilty.

One prisoner describes how he was arrested with 27 other men in a police raid 3 months ago. He has committed no crime, but has been ‘bonded to keep peace,’ an open ended charge leveled against anyone authorities find troublesome. He can secure his release by paying a bond of 100,000 shillings, or by finding someone to stand surety on his behalf. With no immediate relations and owning nothing more than his clothes, he cannot afford to post bail and will likely remain in prison indefinitely. Peter has written a letter to the court magistrate asking for the bond price to be reduced and made affordable.

While CLEAR staff try to assist inmates to the best of their abilities - taking on three new cases after this visit alone - the number of cases are too great and resources too few. However, Peter and Dennis will continue visiting the prison in order to bring justice closer to those who have the least access to it.

Hey everyone,

I have been pretty busy for a while, hence my silence, but I assure you, I shall try and be more communicative in the future. I have just finished a tour of all CLEAR projects in Kenya, which is very insightful as to how much people can do with so very little. We missed out on some USAID funding, and when I did some follow-up to find out why we did, I was informed that the amount we asked for, and the work we said we would do with it did not match. It was too much work for too little money!! Since we are a largely volunteer based organisation, we do get to do a lot of work for very little money. Our staff earn Kenyan salaries, not typical NGO salaries. However, next time if what they want is a bloated budget to believe that we can do the work, I am sure I can add a few zeros to my request!

The work is going on great. This week is the Judiciary open day, supposed to demystify the legal process to the general members of the public. CLEAR is participating by putting up a desk at Mombasa, Kisumu and Eldoret Open Day. Nairobi is the capital and is super competitive, CLEAR was not invited to participate here. We are happy to chip in where we can.

CLEAR Kisumu has finally taken off! The first paralegals are being trained this week in an area called Gwassi. We finally got our digital camera, so pictures should be up soon. We have managed to catch up with our programme work, so hopefully the delay of the start will not alter our goals. The team is very motivated, and I am sure we shall get the best from them. They return from Gwassi on Wednesday in time to prepare for the Judiciary open day, scheduled for Friday the 20th.

Enough from me for now, do take care and God bless you all.

–

Joy Mdivo