Peter Otieno Asienyo speaks at his family home in Kanyapir, Kenya – Photos by Ian MacLellan

On Tuesday, CLEAR staff visited Kanyapir, a rural settlement outside of Oyugis town. Staff interviewed Peter Otieno Asienyo, one of many Kenyans displaced by the post election violence of December last year. Asienyo described the politics of the election, the violence which followed, and the situation of IDP’s – internally displaced persons.

An estimated 350,000 people are said to have been displaced and 1,200 were killed in the violence which broke out in response to the announcement of election results which named Mwai Kibaki president. Provisions set aside by the government to support and compensate those who lost their homes and livelihoods in the post-election period have not been adequately distributed. Over a year later, many Kenyans continue to languish as the effects of the violence remain unresolved.

Remains of a building destroyed during the post-election period located outside Kisumu, Kenya 

Interview with IDP- Peter Otieno Asienyo, Kanyapir – July 07, 2009. Edited by Humera Jabir.

Where were you located at the time of the election?

I was in Naivasha during the post election violence. I went to Navaisha in February 1988. I was blessed to find a job and was able to start my own business. I used to provide scrap metals and construction building materials. I was also the chief campaigner officer for the party supporting ODM (Orange Democratic Party led by Raila Odinga) in Naivasha. Before the election, I was at our party base in Salama. I was then moved to government barracks. I was safe there, but blood is thicker then water and I needed to look for my children.

How did the violence unfold in Naivasha?

On the 27th of December, I was in Navaisha town. It was the day people started to cut off people’s necks. They were looking for Raila’s strong supporters. At around 10 PM, thirty people came to my house with pangas (machetes) and told us to lie down. I ran to save my life. I went to the house of a counselor and contacted a Major to take us to the prison camp. I traced my children and they were safe at school. One of my friends, a white man, went to the school and brought my son. My daughter remained safe at school.

I went to a prison camp at Navaisha where we were safe for a few days. We suffered a lot there. We didn’t have water. For 3 days we did not eat, drink, we could not do anything. There were a lot of people, 8-10 thousands staying at that prison camp. I have many friends that were killed. They were walking in the town and a group came and stabbed them using pangas.

Did you try to return to your home?

We went back to our homes later with prison wardens and found that everything was stolen and burnt.  I had a bicycle, a gas cooker, two sofas, a Sony radio, and a TV. My house, plot, everything was lost.  From my earnings, I bought two plots of land at 340,000 KSH in 1998. They burned everything, I have nothing now. I lost all my belongings.

Where did you go for help?

Sony Sugar, who are very good company and very good Samaritans, sent a lorry to Navaisha going back to Kisumu stadium. It was a difficult journey. There were 70 to 80 of us in the lorry. It rained heavily for most of the journey and our lorry did not have a canvass. But we were safe; we had a police officer in the lorry who escorted us.

We got home by the blessing of good Samaritans who gave us food and tea, and helped us to collect some money. We didn’t have a single cent. Those people collected us and helped us to reach home.

What assistance did you receive from the government?

I was told that I would be given 10,000 KSH in compensation but I never did. We didn’t even receive any food from the government, all the food that was brought was given to family and friends of the chief and counselors. The only food we received was from the Kenyan Red Cross, we got food from them once. I know that there was money set aside for IDP’s but the chiefs and counselors were writing the names of their relatives and friends, and the true IDP’s did not get this money.

I am an IDP, I owned land in Navaisha. We gave our report, and were promised that we would be assisted by the government with some cash and property. We never saw those things, never. I am feeling very bad because before I was not begging, but now I am begging. Before I didn’t sleep without food, and now I am sleeping without food. My children never went to a public school but now we can not afford school fees. I am feeling very bad about the government.

What action do you want the government to take now?

I want so many things. First, my property, my plots. Second, benefits for all that we have suffered. Third, I want a job – any job. I can never go back to work in Navaisha. When I think of going there it seems like I am looking into the darkness, my friends, most of them were killed.

I want the people who perpetuated the violence to be taken to The Hague. They are responsible for the death of innocent people. Kibaki himself should be taken to The Hague. I can’t take them to court because I don’t have the money. Court is money. Those who have money in court can do anything. But we did not get what we were promised, and we are still going to try.

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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.

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.