Shot After Curfew – the Death of “Vaite”

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If for no other reason than to chart for present and future generations the story of Kenya’s march to independence, 1st June is an important date. On this day in 1963, Kenya was granted Madaraka (internal self-rule) by its then colonial master, Britain. The question of how Kenyans would govern themselves was no longer an abstract aspiration that thousands had been tortured, bled and died for. On that day, I would imagine, it must have felt glorious for many who watched from the margins of Kenya’s society. The lives and rights of black men and women in Kenya would be a concern for the true owners of the country to unravel. The targeted violence of a foreign ruler’s police force would be replaced by a police force whose motto was “utumishi kwa wote”, Swahili for service to all. Or so the dream went.

So, the shooting to death of 51-year-old James Muriithi, presumably by the police exactly 57 years to that day bears reflecting upon. James was homeless. He drank a lot. At the time of his death, no one knew if he had a family or not, and no one knew his name. In fact, on the evening that he died, his death was introduced to Kenyans as the death of a homeless man named “Vaite” – a colloquial name for the Meru ethnic community that James hailed from. The last years of James’s life were spent existing on those very same margins of society trodden upon by the poor generations before him, except he was a Kenyan with full rights – not one existing at the pleasure of the crown. Still, he was a Kenyan whose death, his neighbours, friends and rights organisations are certain was at the hands of a system not made to serve him. His killing was allegedly by members of a police force that, history shows, acts with brutality towards the poor in Kenya. He was killed in the early days of the enforcement of a dawn to dusk curfew, imposed on March 27th to slow the spread of the COVID-19 pandemic. This is the story of James’s journey to the grave.

At 7 am on the 9th of June, 2020, the skies above Nairobi opened for a brief but intense interval of rain. The days before it and after would be sunny, but on this morning only rain and a dull grey sky would do. On this day, James Muriithi would be laid to rest. Slates of rainfall seemed especially heavy at Nairobi’s city mortuary as his younger brother Jamleck Njagi dashed between the hearse they had hired and the mortuary’s cold room to talk to a mortuary attendant. I was standing under a gazebo a short distance away. The rain made it hard for me to hear what Jamleck was telling the mortuary attendant, but it was clear that he was upset by his response. I went over to find out what was wrong.

“The attendant says he can’t find James’s body!”

The morgue attendant would repeat the same to me, then make a call to a colleague who had been handling James’s remains the day before. When I identified myself as a journalist who was covering James’s funeral, the attendant, now joined by an older female colleague, made a performance of his suddenly remembering which compartment James’s body had been stored in.

“OOOOH! I remember now! Give me a few minutes,” he said.

Five minutes later his colleague invited us into the mortuary. James’s corpse had been laid on a slab naked, with large stitches along his forearms and thighs, and across his stomach. They looked crudely done. His body seemed shrivelled, and his mouth was slightly open and twisted in a pained expression. James’s skin was deep grey, almost black – matching the clouds above the mortuary. The rawness of what we were seeing would be hard to erase, not least for Jamleck. A question from the female mortuary attendant yanked us back to the logistics of the day.

“Do you have his clothes?” she asked. Jamleck gave her a blue paper bag with the clothes they had bought to dress him up in.

Then, another surprise.

“This body hasn’t been embalmed. We need some money now to prepare his body. You, (gesturing to Jamleck) give me 1000 shillings,” she shot back. No matter that James’ body had been lying at the mortuary for seven days, or that his family had already paid the mortuary fees for his embalming and preparation for burial. By now it was clear that the goal of all of these delays and late-breaking problems was for Jamleck to bribe the mortuary attendants.

“Why would we pay you when you were paid to do your job?” Jamleck hissed back at the attendant. He was seething, as we all were, at this final insult to a man whose death and the days after it had already been so traumatic. She capitulated, and minutes later James’s body was dressed and being placed in the back of the hearse.

Jamleck had help carrying James’s coffin from the driver of the hearse and John Benson Anaseti. John owns a kiosk in Mathare 3C, the same place where James would do odd jobs to earn enough to eat, and, on many occasions, drink. John knew James well. James would sweep John’s storefront for him almost every morning for four years. In that time, they became good friends.

“The first time I met him, he was drunk. He used to pass by my store every day and I’d make fun of him. He was a funny guy,” John remembers.

So, funny that among the nicknames that he had was “Mapeei”, sheng (a slang lingua franca used across Kenya) for gap-toothed. He joked, laughed and smiled often. Over the years their friendship deepened.

On the 1st of June, as usual, James would come by John’s shop to sweep it and get rid of the trash that had been binned the day before.

“I was with him that morning. We joked around as usual. After he threw the stuff away and I paid him, he left. That was around 10am; I think he went drinking after that. That was the last time I saw him. In the evening, I closed up shop early and went home,” John recounted to me. Even if John lives close to his store, he wanted to be in his house by 7pm.

Mwai Kariuki runs a kiosk just down the road from John. On that day Mwai had closed up early as well. The enforcement of the dawn to dusk curfew in their neighborhood had been yet another context for heavy handed policing that had turned deadly. According to residents of Mathare, the police would even shoot in the air to warn people to get off the streets.

“Since the curfew began it has become a trend. Sometimes they will fire more than ten shots into the air so that the person at the furthest corner of Mathare knows that the curfew is in effect,” Mwai told me as we walked towards the scene of James’s killing. It is less than 100 metres from his kiosk. He told me that James was shot a few minutes to 8 pm. The nationwide curfew started at 7 pm.

“That evening though, it was different. The moment the bullet hit (James) we heard it. It was really loud.” Mwai expected that the shooters would pass by his kiosk (his kiosk is a few metres away from the turn off onto a major road) but on this day, they went in the opposite direction.

“We listened for an indication that they had left. When they did we rushed over and found (James) on the ground, bleeding profusely. We tried to give him first aid but by bad luck, he died.”

Mwai would take out his tablet and take photos of James’s corpse. Soon, word had spread that he had been killed. James was known to be a jolly man who would stumble in and out of the many drinking dens in Mathare, but would never cause any trouble or offense.  So, when residents realized who had just been killed, they set old tires on fire and began protesting.

John would be the first among James’s friends to learn about his death: “I received a phone call at six minutes past eight. I was told, ‘Eh! Your friend has been shot and it looks as if he is badly injured!’”

The killing of James Muriithi in Kenya served as yet another anecdote to the brutalization of the poor in Kenya, but it isn’t yet fully accepted as such, not least within police circles

John decided to risk being caught by the police, ducking through side-streets and alleys to get to the scene, confirming that indeed “the old man” had been killed. Protests were intensifying at that point – a contingent of police that had been dispatched to the scene were repulsed by protestors. James’s body was carried off and hidden; residents wanted to carry his body to the nearest police station during the day, under the glare of the sun and TV cameras, to prove that James had indeed been murdered. The police would return in numbers and with sniffer dogs, and after two hours of running battles the riot was over, and James’s corpse was in their custody on the way to the Nairobi city mortuary.

By 10 pm, news of James’s killing had hit the internet and was trending on Twitter. #JusticeForVaite was the top trending hashtag just hours later, as thousands of tweets denouncing his killing streamed in. It had been weeks of the same indignation online, as news of the killing and brutalization of Kenyans by the police for breaking curfew came in from around the country.

Two months, earlier on the 30th of May, 13-year old Yassin Moyo was shot while playing on the balcony of his parent’s home. A police officer had shot in the air to “disperse a crowd” when the bullet he fired hit Yassin in the stomach, according to Kenya Police Service spokesman Charles Owino. Yassin died on the way to hospital – his parents having to plead with police officers to get past roadblocks that had been mounted on the way. Yassin’s parent’s home is less than three kilometres away from the spot where James would be killed two months later. By the time of James’s shooting, 15 people from across Kenya had been killed by the police, according to statistics from the Kenya Police reform working group, a number that Kenya’s government disputes. The group comprises of various civil society organisations that have been working on the issue of extra-judicial killings and enforced disappearances. By their count, 103 people were either killed or disappeared by the police between January and August 2020. For context, by the end of 2019, 144 people were dead in similar circumstances, putting 2020 on track to being the deadliest year of police killings in over a decade. A majority of these deaths and disappearances occurred in poor neighbourhoods in Nairobi. Most of those killed were between the ages of 18 and 35. Nearly all of them were male.

“Some of these police officers are young and drunk on the little power that they have,” Charles Owino, the police service’s official spokesman said of the reports of killings at the hands of the police. He said this in an interview on a local television station’s newscast, two days after the killing of James Muriithi. In that same interview, Owino also alleged that James may have been shot to death by criminals, not the police. Putting distance between the crimes of individual officers and the institution of the police has been deployed elsewhere. In the United States, police departments across the country are struggling with the impact of policing tactics against minorities. The brutality has led to deaths of hundreds of young black men and women across the country, with mounting evidence of these tactics tied to an institutional understanding of how to police certain communities that has roots in racism. The killing of George Floyd was a reminder of the same. The killing of James Muriithi in Kenya served as yet another anecdote to the brutalization of the poor in Kenya, but it isn’t yet fully accepted as such, not least within police circles. In that same interview, Owino claimed that James was killed in Dandora, nearly 7 kilometres away from the spot where he actually was murdered. According to Owino, several people witnessed James’s killing and that the police were “investigating the matter”.

After leaving the scene of James’s death, John scrolled through his phone, looking to get in touch with James’s family. John would often lend James his phone so that he could keep in touch with his family who live in James’s home county of Meru, which is 300 kilometres east of Nairobi. His estranged wife Christine Mumbua would answer the phone.

James’s younger brother Jamleck would be the one to bear the burden of witnessing his post mortem. He emerged from it visibly upset. “The police were refusing me to witness my brother’s post mortem even though it is my right! The officer there was even trying to tell me that my brother had not been shot.” Jamleck would also tell of the hours spent pleading with the police to enter his brother’s death into the occurrence book – a register maintained by every police station of crimes, complaints and incidents, which is also the basis for the opening of an investigation by the police. “I am worried about whether we will get justice for Muriithi. Even if he was living on the streets he is somebody.”

Fortunately, James’s post mortem did happen. Pathologist, Dr Peter Ndegwa showed us a copy of the post mortem report. It makes for a scary anecdote of just how intimate the killing was. All of the three bullets that hit him were fired from less than 20 centimetres away. His killer was facing him. The bullets “went through the abdomen and lacerated the liver…and were lodged on the back of the right chest cavity, between the 11th and 12th ribs, which were actually fractured (by the impact of the bullets)”. Together, the wounds from all three gunshots ensured that James didn’t survive the night.

There were no signs on James’s body that he tried to fight off his killers. The person who pulled the trigger melted into the darkness that evening, but one of the three bullets he fired could hold the key to solving James’s killing. The one lodged between James’s ribs. After removing it, Dr Ndegwa handed it over to Festus Musyoka, an officer from the Department of Criminal investigations (DCI), for a ballistics examination to take place. At the time of writing this, results from that report are still in the hands of the DCI. Neither has there been any official word on the progress of the investigation beyond a statement in the news from the police spokesman days after James’s death.

Back to the 9th of June, the date of James’s funeral. We had long since left behind the rain in the hubbub of Nairobi, and had travelled 300 kilometres east to Meru county, and to James’s home village, Nkubu. As soon as the hearse carrying him crept into his household, plastic chairs were taken out and set two metres apart. James’s coffin was set out in the centre of a sparse semi-circle of family and friends. Everyone else had to peer through Napier grass on the edge of their property. There were less than twenty people in the compound – almost unheard of for a Kenyan funeral, but COVID-19 protocols have upended even the most closely followed traditions here. There was little time to waste. The master of ceremonies, James’s uncle, began calling people up to say a few words. He called on me first. Surprised and not knowing what to say, I fumbled through a speech that in part passed my condolences and part explained why I was there in the first place. Silent acknowledgement greeted every one of the six speeches made that afternoon. In twenty minutes, we were at his graveside. A shovel was thrust into the mound of red soil next to the grave, and attendees were asked to grab a clump and toss it into the grave once James’s coffin was lowered in. All of this happened in silence. James’s second-born son, Martin, tossed his clump in whilst looking away. His hard, expressionless face broke and from under it escaped creases, wrinkles and a well of tears just about to stream onto his face. He walked away so no one could see him cry. Young men from the neighbourhood then each grabbed a shovel, and a few minutes later, James was buried.

James’s estranged wife Christine Mumbua and their first born, Edwin, spoke to me afterwards. They were overcoming the shock of his death, but more than that, trying to figure out how to live on without him. Both said they were shocked that James lived on the streets in Nairobi. When Christine and James first met, he used to hawk clothes. She didn’t go into the details of the troubles that led to him becoming homeless, nor did anyone else, except for a vague explanation that “things went wrong for him.” His eulogy, barely a page long, spoke of him having a diploma in automotive engineering and having a string of jobs including a directorship in a mechanical engineering company.

Edwin spoke of how James would call him using different phone numbers from time to time, asking about school. On one occasion Edwin was sent home for a lack of fees and needed 8000 Kenya shillings (80 dollars) to be allowed back.

“After a week, my dad sent me the money,” he said.

Remarkable for a man who earned 300 shillings (3 dollars) a day from odd jobs.

Everyone was in agreement that no matter what he did, or where he lived, he had a family and therefore wasn’t homeless. The last two lines of his eulogy were also unequivocal:

“The late James Muriithi was a hustler until 1st June 2020 at 7:30 pm when he was brutally murdered at Mathare in Nairobi. We loved you but God loved you most.”

“I ask myself, why, why, why? Even if he was out past curfew, was he the only one that was out for the police to shoot?” Edwin asks through gritted teeth.

Why indeed. James Muriithi was many things, both good and bad – a dutiful father and a drunk. A source of laughter living a life with little humour. He was no more and no less a man than we all are. May he rest in peace.

 

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John-Allan Namu

John-Allan is a Kenyan investigative journalist and the co-founder of Africa Uncensored. He has been a journalist for 14 years, based out of Nairobi, from where he has reported on issues and events in Kenya and the region. He has interviewed high-level politicians and power brokers from across the region, and investigated crimes committed in the highest reaches and lowest rungs of African society. John-Allan is the 2015 and 2017 joint journalist of the year Annual Journalism Excellence Awards, a 2015 Global Shining light award finalist, and the 2009 CNN African Journalist of the Year. He is a 2009 CNN fellow and a 2017 Archbishop Desmond Tutu Fellow. He holds a BA in Journalism from the United States International University – Africa.