“Typewriter, teep, teep, teep, teep, kartha hai. Zhindagi-ki haar gahani liktha hai.”

“Typewriter, goes teep, teep, teep, teep. It writes all of lifes stories.”

- From Merchant Ivory’s 1970 Film “Bombay Talkie” as sung by Asha Bhosle and Kisore Kumar

The Typewriter at Kibos Prison. Photo by Ian MacLellan

Kibos Prison’s documentation office is as black, white, and faded as any old photograph. The light falls heavily through the barred window and the posters on the walls have begun to fade. Sketched by a prisoner, one poster quotes Nelson Mandela; “It is said that no one truly knows a nation until one has been inside its jail…” A prison officer sits behind a pile of court records, while a prisoner, dressed in black and white stripes, works away on a worn out typewriter.

It’s the typewriter which captures my attention first. Somehow it belongs to the room; tired and heavy. While the Government of Kenya has moved to furnish prison offices with computers, Kibos has yet to acquire such technology. In fact, a computer in this room would feel rather out of place. The typewriter – donated to the prison by a local NGO, is the only machine available to the documentation office which assists over a thousand prisoners with their court proceedings.

Four hundred and fifty prisoners at Kibos are capital offenders sentenced to death row. Their only hope is to mount a successful appeal and CLEAR has been instructing prisoners on how to prepare the necessary documentation, notices of appeal, chamber summons, grounds of appeal, and affidavits. While the prisoners have become quite proficient at drafting legal documents, the task of typing it all up has proven to be the greater stumbling block.

The Documentation Office at Kibos Prison. Photo by Ian MacLellan

Each applicant is required to submit 7 copies of their application, along with copies of all previous court proceedings to the Court of Appeal within 14 days of receiving judgment. The result is a lengthy, technical, and tedious application - to be prepared within strict time constraints. Those who cannot afford an advocate draft their appeal themselves, submitting their papers to an officer to be typed on the typewriter.

While the prison staff are highly supportive, the workload is too great, and resources too few. It takes time to edit errors, to cross check records, and to type several copies. After prodding, one officer shyly confesses that it takes him 30 minutes to type each page. He has enlisted a friend to help him, but some days it is nearly impossible to submit the appeals on time.

The Prison Officer who does all the typing at at Kibos Prison. Photo by Ian MacLellan

The wheels of justice in Kenya turn very slowly, and the prisoners are no strangers to delay. But delays resulting from a prison official’s inability to prepare documents in time are particularly frustrating. Once the 14 day period has elapsed, the applicant must seek special permission from the court to hear his appeal out of time, slowing all future proceedings as a result. For those who have been sentenced to death, filing an appeal is a second chance, an opportunity to plead for leniency – and therefore, no small matter.

The weathered typewriter in Kibos Prison’s documentation office is a telling example of the systemic failures which afflict Kenya’s justice system - where even the mere task of typing can obstruct due process of law.

CLEAR Kisumu is a project of the Justice Makers Award, IBJ

A Prison Officer inside Kibos Prison. Photo by Ian MacLellan

On the lake at night with lantern trap fishermen off in the distance - Photos by Ian MacLellan 

Located on the shores of Lake Victoria, Kisumu is a city known for its fish. Lake Victoria is cool and dark at night, but the importance of fishing to the local culture led us to the lake one evening.

We joined the captain of a 10 men fishing boat for a night of fishing, wading onto the rowboat at eight in the evening and staying on board until six the following morning. We crept along the beachside keeping the lights low. The fishing industry has suffered greatly of late, and the much sought after Nile Perch and Tilapia species are in decline. The fishermen are weary of police patrols who enforce regulations by force or by payment.

Fishing here is a taxing profession. The men work all night long. They row out onto the lake, each stroke in rhythm, while the captain directs the boat from the stern. Once they reach their mark, they drop the net and row back to shore. On shore, the fishermen plant their feet firmly on the rocky lake bed and reign in the net by hand, one pull after another. Pulling in the nets alone can take over two hours. They store their catch and row out again.

We take a break on the beach while the fishermen store their boat far from prying eyes. Two fishermen wait with us; one is called Junior and claims to be eighteen years old, although he looks considerably younger. The other, a man of 32, asks us if we see now how much fishermen struggle. He explains that many fishermen are orphans, and all are poor. But hard work pays, so every night he hikes up his shorts and heads out. It’s better then stealing and ending up in jail, he says.

Sitting crouched in the bow, we become accustomed to the feel of fish beneath our feet. Looking up at the stars and across the dark lake, our eyes fall at times. The fishermen however, persist, feet dangling over the edge, they work mechanically, silently. In the end, their catch is still too small to turn a profit since most fish are too small to be sold. They will take the catch home to their families - to subsist another day.   

“If the price of liberty is eternal vigilance, then the price of justice is continued legal literacy.”

 Photo Ian MacLellan

On Wednesday afternoons, Peter Onyango, a Justice Makers advocate and Rodney Oluoch , a CLEAR pro bono lawyer set out to provide legal training to inmates at Kibos Prison. For two hours, the prison’s small welfare office is transformed into a makeshift law school. Fourteen students in black and white stripped uniform crowd into the small room carrying notebooks and pens provided by CLEAR. The course runs March through August, providing prisoners with practical legal training so that they can advise fellow inmates and represent themselves in court.

In true teaching style, Peter removes his jacket and asks a prisoner to remind the class where they left off last week. “It is just satisfying doing such work. What we teach them will really help them, and it is satisfying to give people a little of what you know,” said Peter. “By going to prison we are able to bring justice closer to the people who do not have access to lawyers, to those who have been denied their freedom, and who the system will never consider differently.”

Having taught the prisoners how to prepare the documents required to mount an appeal, today’s lesson addressed the procedure of an appeal hearing. The inmates questions challenge even the advocates at times. Some cite clauses by number, requiring Peter and Rodney to flip through books on Kenyan law before responding.  One prisoner has developed a new line of argument to challenge the robbery with violence charge, and the room breaks into discussion as prisoners and advocates alike test the idea.

The inmates are serious students. With limited access to law books, they have begun to transcribe the criminal procedures code by hand and hold group discussions to prepare for hearings. Many prisoners are capital offenders, convicted of either murder or robbery with violence which carries a mandatory death sentence, and will likely live and die in prison. Their only hope is to mount a successful appeal.

Peter and Rodney advise prisoners on how to prepare their documents, developing lines of argument, and representing themselves well in court. The Court of Appeal - Kenya’s highest court is very careful when confirming or dismissing a sentence. The rules are highly technical and the courts unsympathetic, so knowing the law - and how to argue it, can make all the difference.

The Kibos program is supported directly by the International Bridges to Justice - JusticeMakers grant which funds transport and material costs.   

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.

This March, CLEAR-Kisumu was invited to attend Kisumu Law Courts’ second annual open-day. The team took this as a welcome sign that they are steadily gaining local recognition for their efforts. This year’s theme was “Promoting the Expeditious Administration of Justice”, therefore it seemed like the perfect opportunity for CLEAR to showcase their efforts. Although the Kisumu team had just arrived back from an education and awareness trip to Gwassi, they quickly regrouped and channeled all their efforts into organizing materials for the event, which they believed would be key in expanding their network of clients and getting some much needed exposure in the local community.

On the morning of the open-day, the team was led by CLEAR-Kisumu’s resident advocate, Mr. Peter Onyango, and CLEAR-Kenya’s Legal Education Coordinator, Mr. Joram Mutsotso, in a procession around the city featuring the local prison’s marching band. This was followed by a keynote speech from the Resident Judge of Kisumu, who talked about the significance of the day for the judiciary and for the many men, women and children who would benefit from improved access to justice. Afterwards, members of the public were invited inside to walk around the tents that showcased the work of the wide array of organizations in attendance.

CLEAR set their tent up next to the Judiciary’s customer care tent. In addition to providing information about the organization’s services, CLEAR had asked their legal aid lawyers to attend so that they could advise walk-in clients. CLEAR staff said the most interesting and rewarding part of the day was when a group of four deaf-mute woman approached the tent. The CLEAR staff managed to find someone who could translate some legal advice to sign language for the women – the team was happy to be able to make such important information accessible to them.

The day ended with an open forum at the town hall, where people were invited to ask questions and share experiences with the Judiciary, police and legal organizations in attendance. In his closing remarks, the Resident Judge acknowledged the large turnout and thanked the lawyers and legal aid organizations for their tremendous work. Indeed, CLEAR staff were happy to oblige.

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 

Prior to our 2008 JusticeMakers competition, Kenyan newspaper the Daily Nation published an article about one of our competition winners, Kenyan Magistrate Joy Masinde. The article, titled “She’s-Got-It Brenda Masinde”, provides terrific insight into Joy’s life prior to becoming a JusticeMaker, and what has inspired and motivated her to pursue a career in law. It also gives us a glimpse of Joy’s vibrant and colorful personality - for example, it recalls how on St. Valentine’s Day she would don a red suit to court instead of her drab magistrate’s robes.  Click here to read the full text of the article.

In 2008 Joy became director of the established nonprofit, Christian Legal Education, Aid and Research (CLEAR) in Kenya. CLEAR provides free legal services to prisoners awaiting trial who are unable to pay for it themselves. It also equips them with legal education specific to their case that that they are aware of their rights and enabled to become active participants in their defence.  

As a 2008 JusticeMakers fellow, Joy has received US$5,000 to fund the newest branch of CLEAR-Kenya in Kisumu. The Kisumu office will provide legal aid and education to inmates in four prisons in the area, the idea being that with the correct education and training, they will be able to represent themselves at mentions and bail hearings. This will reduce the time prisoners spend on remand awaiting trail, which currently averages at 3 to 5 years. In addition, to funding will go to training paralegals to support the efforts of CLEAR’s probono lawyers who take on the most compelling cases.  

To read Joy’s project proposal in its entirety, please click here.