Professional Documents
Culture Documents
2022 AA Wairuri Police Support
2022 AA Wairuri Police Support
2022 AA Wairuri Police Support
1093/afraf/adac006
© The Author(s) 2022. Published by Oxford University Press on behalf of Royal African Society. All rights reserved.
ABSTRACT
This paper examines how communities at the urban margins, who are
under-protected by the state police, understand police reforms through
an examination of the unusual case of street protests in support of a police
officer who had killed two young men in Githurai in Nairobi. I explore how
the under-protection of communities at the urban margins by the police
leads to a reliance on various forms of vigilantism to generate security
and justice outcomes. Noting the limitations of community vigilantism, I
explore how these communities come to rely on police vigilantism, a form
of vigilantism that has received limited attention in African studies. Based
on insights generated from data collected in Githurai in March and April
2015, I argue that residents of Githurai protested against the arrest of a
local police vigilante, whom they had come to rely on for security, because
they considered his deployment of violence against suspected criminals to
be justified and also feared that his arrest would expose them to further
insecurity. I conclude that police reform efforts should pay attention to the
innovations that communities have developed at the grassroots to generate
security and justice outcome in absence of reliable protection by the state
police.
Introduction
In September 2014, residents of Githurai staged street protests against
the arrest of Police Constable Titus Musili, popularly known as Katitu.
61
62 AFRICAN AFFAIRS
1. Javier Auyero, Agustín Burbano De Lara, and María Fernanda Berti, ‘Violence and the
State at the urban margins’, Journal of Contemporary Ethnography 43, 1 (2014), pp. 94–116.
2. These events were reported widely in the media. See, for instance, Muraya,
Joseph, ‘Githurai protestors plan march to the DPP’, Capital FM, 12 September 2014.
<https://www.capitalfm.co.ke/news/2014/09/githurai-protestors-plan-march-to-the-dpp/>
(10 May 2020); Samuel Karanja, ‘Githurai residents demand release of officer’, Daily
Nation, 9 September 2014, <https://www.nation.co.ke/news/Githurai-Thika-Road-Protest/
1056-2447412-1qhg9az/index.html> (10 May 2020).
3. Kenya Law, Republic v Titus Ngamau Musila Katitu, Judgement (Wakiaga, J), Criminal
Case 78 of 2014 (High Court of Kenya, Nairobi, 7 February 2018).
4. Stella Mwangi, Kimani’s sister, runs a blog where she has detailed her reaction to the
deaths of her two brothers (www.stellavwmwangi.wordpress.com) (12 February 2015).
5. Nyambega Gisesa, ‘Why police shot Kenneth Kimani thrice in the head’, Standard Digital,
11 May 2013, <https://www.standardmedia.co.ke/article/2000083341/n-a> (10 May 2020).
6. Fred Mukinda, ‘Policeman charged with murder’, Daily Nation, 6 September 2014,
<https://www.nation.co.ke/news/Titus-Ngamau-Musila-Policeman-Murder/1056-2443932-
13od48nz/index.html> (10 May 2020).
7. Fred Mukinda, ‘Keriako Tobiko accuses policeman of killing witness’, Daily Nation,
3 September 2014, <https://www.nation.co.ke/news/DPP-accuses-policeman-of-killing-wit
ness/-/1056/2440400/-/odu2ws/-/index.html> (10 May 2020).
‘THIEVES SHOULD NOT LIVE AMONGST PEOPLE’ 63
Methodology
The paper is primarily based on empirical data collected in March and
April 2015 through in-depth and semi-structured interviews with Githurai
residents. The respondents were purposely recruited on the basis of pre-
sumed custody of relevant information. Two friends who lived in Githurai
at the time introduced me to some of the people they knew who had par-
ticipated in the protests. I then relied on snowballing to reach additional
respondents. In total, I spoke to 33 residents of Githurai including inter-
views with 25 people amongst them bus drivers and conductors, market
traders, students, the local chief, and managers of big businesses in Githu-
rai. I also held a focus group discussion with eight bodaboda (motorbike)
riders. All participants have been pseudonymized to protect their identities.
I interviewed most of the people at their places of work, although I
conducted a few interviews in public places such as food kiosks and the
community library. Naturally, some of the individual interviews turned
into group interviews as other people joined in the conversation. In some
cases, the debates that ensued amongst the respondents were generative
because they highlighted some of the social dynamics that I may not have
otherwise encountered. Although I spoke to most people just once, I held
repeat interviews with some of the respondents, such as Mzito, a self-
identified reformed armed robber who had survived two gun battles with
the police before abandoning crime and starting to work as a bus conduc-
tor. While he was initially hesitant to meet me and tell me about his life,
our continued engagements helped me build a rapport with him. Subse-
quently, he introduced me to other young men who had been or were still
engaged in crime. He also took me to places that I may not have been able
20. This is a Kiswahili term that roughly translates to ‘those who were born here’. As I
discuss below, the term has broader socio-political significance.
66 AFRICAN AFFAIRS
21. James Fyfe, ‘Training to reduce police–citizen violence’, in W Geller and H. Toch (eds),
And justice for all: Understanding and controlling police abuse of force (Police Executive Research
Forum, Washington, DC, 1995), pp. 151–75.
22. Auyero, et al, ‘Violence and the state at the urban margins.’
23. Naomi van Stapele. ‘We are not Kenyans’: Extra-judicial killings, manhood and cit-
izenship in Mathare, a Nairobi Ghetto’, Conflict, Security and Development 16, 4 (2016),
pp. 301–25.
24. Commonwealth Human Rights Initiative (CHRI) & Kenya Human Rights Commission
(KHRC), ‘The Police, the people, the politics: Police accountability in Kenya’, (CHRI, New
Delhi & KHRC, Nairobi, 2006).
25. Teresa Caldeira, ‘The paradox of police violence in democratic Brazil’, Ethnography 3,
3 (2002), pp. 235–63.
‘THIEVES SHOULD NOT LIVE AMONGST PEOPLE’ 67
26. Julia Hornberger, ‘From general to commissioner to general-on the popular state of
policing in South Africa’, Law & Social Inquiry 38, 3 (2013), pp. 598–614.
27. Steinberg, ‘Crime prevention goes abroad’.
28. Caldeira, ‘The paradox of police violence in democratic Brazil’.
29. David Anderson, ‘Policing, prosecution and the law in colonial Kenya, c1905-39’, in
David M Anderson and D Killingray (eds), Policing the empire: Government, authority and
control, 1830–1940 (Manchester University Press, Manchester, 1991), pp. 183–200.
30. Ruteere and Pommerolle, ‘Democratizing security or decentralizing repression?’
31. Mutuma Ruteere, ‘Dilemmas of crime, human rights and the politics of Mungiki
violence in Kenya’ (Kenya Human Rights Institute, Nairobi, 2009).
32. Kamau Wairuri, ‘Operation sanitize Eastleigh’: Rethinking interventions to counter vio-
lent extremism in Mutuma Ruteere & Patrick Mutahi (eds), Confronting Violent extremism in
Kenya: Debates, ideas and challenges (CHRIPS, Nairobi, 2018), pp. 135–50.
68 AFRICAN AFFAIRS
33. Yoshiaki Furuzawa, ‘Two police reforms in Kenya’, Journal of International Development
and Cooperation 17, 1 (2011), p. 57.
34. Ruteere and Pommerolle, ‘Democratizing security or decentralizing repression?’
35. Republic of Kenya, Report of the Commission of Inquiry into Post-Election Violence
(Republic of Kenya, Nairobi, 2008), pp. 384–5.
36. Ibid.; Republic of Kenya. Report of the National Taskforce on Police Reforms. (Republic
of Kenya, Nairobi, 2009).
37. Republic of Kenya, The Independent Policing Oversight Authority (IPOA) Act (2011).
38. Steinberg, ‘Crime prevention goes abroad’.
39. Richard Stacey. Policing Democracy: The influence of South Africa’s Post-apartheid
security arrangements on police oversight under Kenya’s 2010 Constitution, in R. Dixon and
T. Roux (eds), Constitutional triumphs, Constitutional disappointments: A critical assessment of the
1996 South African Constitution’s local and international Influence (Cambridge University Press,
Cambridge, 2018), pp. 341–58.
‘THIEVES SHOULD NOT LIVE AMONGST PEOPLE’ 69
40. See, for instance, Eva Brems and Charles Olufemi Adekoya, ‘Human rights enforcement
by people living in poverty: Access to justice in Nigeria’, Journal of African Law 54, 2 (2010),
pp. 258–82.
41. Julia Eckert, ‘The Trimurti of the state: State violence and the promises of order and
destruction’, Sociologus 55, 2 (2005), pp. 181–217, p. 191.
42. Interview, Mzito, Githurai, 29 March 2015.
43. Jillo Kadida, ‘Former MP’s son “killed after fight”’, Daily Nation, 25 May 2009,
<https://www.nation.co.ke/news/1056-603538-jp1frkz/index.html> (10 May 2020).
44. Kenya Law, Republic v Ahmed Mohammed Omar & 5 Others, Judgment (F Ochieng),
Criminal Case 14 of 2010 (The High Court of Kenya, Nairobi, 18 December 2012).
45. Paul Ogemba, ‘Officer to die for killing doctor,’ Daily Nation, 1 March 2014, <https://
www.nation.co.ke/news/Officer-to-die-for-killing-doctor/1056-2226316-iujrmv/index.html>
(10 May 2020).
46. Kenya Law, Ahmed Mohammed Omar & 5 Others v Republic, Judgement (E M
Githinji, D K Musinga and J Mohammed), Criminal Case 414 of 2012 (Court of Appeal
of Kenya, Nairobi, 27 June 2014).
70 AFRICAN AFFAIRS
47. Kenya Law, Republic v Veronica Gitahi & Issa Mzee, Judgement (M Muya), Criminal
Case 41 of 2014 (High Court of Kenya, Mombasa, 10 Feb 2016).
48. Kenya Law, Republic v Titus Ngamau Musila.
49. Ibid.
50. IPOA. Court of Appeal quashes killer cop’s petition for freedom. IPOA, 29 April
2020, <https://www.ipoa.go.ke/court-of-appeal-quashes-killer-cops-petition-for-freedom/>
(21 February 2021).
51. See, JM Migai Akech, ‘Public law values and the politics of criminal (in)justice: Creating
a democratic framework for policing in Kenya’, Oxford University Commonwealth Law Journal
5, 2 (2005), pp. 1472–9342.
52. Focus Group, bodaboda riders, Githurai, 26 March 2015.
53. Sarah Jane Cooper-Knock and Olly Owen, ‘Between vigilantism and bureaucracy:
Improving our understanding of police work in Nigeria and South Africa’, Theoretical
Criminology 19, 3 (2015), pp. 355–75.
54. Hornberger, ‘From general to commissioner to general’.
‘THIEVES SHOULD NOT LIVE AMONGST PEOPLE’ 71
62. See Musambayi Katumanga, ‘A city under Siege: Banditry & modes of accumulation in
Nairobi, 1991–2004’, Review of African Political Economy 32, 106 (2005), pp. 505–20.
63. Interview, Mzito, 29 March 2015, Majengo.
64. Jimam Lar, ‘Historicizing vigilante policing in Plateau State, Nigeria’, in J. Beek, M.
Gopfert, O. Owen, & J. Steinberg (eds), Police in Africa: A street level view (Hurst & Company,
London, 2017), pp. 79–100.
65. Peter M. Kagwanja, ‘Facing Mount Kenya or facing Mecca? The Mungiki, ethnic vio-
lence and the politics of the Moi succession in Kenya, 1987–2002’, African Affairs 102, 406
9 (2003), pp. 25–49.
66. Cooper-Knock and Owen, ‘Between vigilantism and bureaucracy.’
67. Helene Maria Kyed, ‘Inside the Police Stations in Maputo city’.
68. Group interview, market women, Githurai, 26 March 2015.
‘THIEVES SHOULD NOT LIVE AMONGST PEOPLE’ 73
Conclusion
Much of the extant literature on policing in Africa adopts a binary
approach, distinguishing between state and non-state policing. Through
a detailed examination of the empirical reality of policing in Githurai, I
challenge this binary by centring my analysis on the figure of a police vigi-
lante who straddles both categories. I show that the police vigilante enjoys
more popular support compared to both the state and non-state policing
mechanisms, and their approaches to crime and insecurity, whose legiti-
macy is noted to be limited and contingent. I agree with Julia Hornberger’s
argument that police vigilantes are able to enjoy this support because they
are able to operate with the efficiency of a vigilante group while enjoying
the legitimacy of being state officers that the mechanisms of community
vigilantism often lack. I present the police vigilante as an example of the
innovations that people at the urban margins generate to address problems
they face, such as crime and insecurity, in the absence of adequate and
reliable services by the state. Further, I show that these innovations have
an impact on the people’s perceptions of the state interventions that appear
to disregard their lived experiences. As such, the protests against Katitu’s
arrest need to be understood, not protests against police accountability per
se, but as against the interference of a state that has failed to protect peo-
ple in the local security management systems that people see as effective
and efficient. This suggests that the legitimacy of any interventions by pol-
icy actors will often be viewed through the lenses of innovative solutions
that people have generated at the grassroots. As such, this study shows that
police reforms or any policy reforms for that matter, no matter how well
intentioned, should not be taken for granted.