Inside the GK Prison Saloon - Photos by Ian MacLellan 

Ian and I bought our first souvenirs today - woven baskets made by women at Kodiaga women’s prison - an appropriate first souvenir for our trip which has consisted of over a dozen prison visits. I always imagined prisons as steel bars and white cement blocks, uniforms and handcuffs. But here, I am surprised every time we cross the prison gates. At a women’s prison, children and babies greet us shouting ‘Muzungu, Muzungu,’ - white man, white man. Their mothers, dressed in the white one-pieces worn by convicts send them over to shake our hands. Children of tender age, 4 and under, are permitted to stay with their mothers when they have nowhere else to go.

Some women sit in the corridors talking and playing with their children. Others do the washing and lay clothes out to dry. We joined CLEAR Eldoret, affiliated with CLEAR Kisumu, who visit the prison regularly for legal education. The women’s prison is very different from what I have come to expect. At Kodiaga and Kibos, the inmates are far more inquisitive and assertive. They seem determined to understand the law, to file their appeals, and get out. In contrast, the women sit so far from Winnie, CLEAR’s student intern, I wonder if they can even hear her speak. They seem rather complacent, chatting, coming and going during the presentation. Or rather cultural norms have made them this way. Many are content waiting on their husbands and families to come to their aid.

Finally, one woman pipes up and asks a question. Winnie walks over to answer, and sits down down with her. We move from our seats and walk over as well, leaning in to hear her question, audible above a whisper. I realize that their quiet and reserved demeanor should not be confused with complacency. They want out. The food is terrible, their children don’t get enough to eat, and the bed bugs keep them from sleeping. But many women simply lack the capacity to take independent action. Educating women about their legal rights comes with its very own set of challenges; they need encouragement and a personal approach.

Dark clouds, and the whole affair comes to an end. The wash was left out on the field to dry and must be collected before the rain falls. Maybe it’s the relaxed atmosphere, the presence of children, or the G.K. Prison Saloon - a Government of Kenya beauty salon located just outside the main gates, but I find the whole experience to be rather bewildering. I don’t know if these women are any more informed by our visit, but I leave with greater respect for CLEAR staff. Change comes with time, and this work requires patience.

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.