Kenyan Poet Shailja Patel: Mochama Sexually Assaulted Me

[Onyango Oloo]

Here is a September 23, 2014 email posted by



Ms. Shailja Patel on the KPTJ mailing list:

On Saturday, September 20,


Mr. Tony Mochama, a columnist with Kenya’s Standard Group, Secretary of PEN Kenya, and holder of a Morland Writing Scholarship, is alleged tosexually assaulted a woman during a gathering of Kenyan and international poets.

FOR IMMEDIATE RELEASE: ALLEGED SEXUAL VIOLENCE CHARGE AGAINST TONY MOCHAMA

Date: Thursday September 25

Contact: Ann Njogu, Chair, CREAW, Centre for Rights, Education and Awareness
Mobile: [phone]
www.creawkenya.org

On Saturday September 20th, Standard Group columnist Mr. Tony Mochama is alleged to have committed an indecent act upon the person of poet and activist Shailja Patel, at a gathering in the home of Professor Wambui Mwangi in Spring Valley, Nairobi.

I am the woman Mr. Mochama assaulted. I was assaulted in the home of my friend and sister, Professor Wambui Mwangi, a home she has worked tirelessly to make safe, welcoming and restorative for women. In her words:

storify.com/anniepaul/sexual-assault-in-kenya?utm_content=storify-pingback&utm_source=t.co&utm_campaign=&utm_medium=sfy.co-twitter&awesm=sfy.co_itn1

Mr. Mochama has denied that he ever attended this gathering. His presence there was witnessed and confirmed by the 12 others who were present, some of whom also witnessed his assault on me. It was confirmed by Kwame Dawes, founder of the African Poetry Book Fund, who convened the gathering. It was confirmed by the poet who invited him, Clifton Gachagua, to whom Mr. Mochama afterwards boasted of his assault on me.

I will not file a police report, or press charges. I will not engage in farcical dehumanizing bureaucratic exercises which only legitimize a fascist police apparatus that extorts, rapes, abducts and kills poor and marginalized Kenyans at will; a police force that has just conducted the ethnic cleansing we witnessed as #kasaraniconcentrationcamp. I will not pretend that a overwhelmed and compromised judicial machinery which has denied justice to Liz, to Kwekwe Mwandaza, to Somali women and girls, to PEV survivors, can be of any use in this situation.

But we who live in and with this killing dehumanizing state can still demand in our community spaces that we stay human. That the men we call brothers, colleagues and friends treat women as human beings. Mr. Mochama has a long track record of sexual harassment and assault in media, creative and literary spaces, a long track record of virulent misogyny in his columns and public appearances. The day after he assaulted me, he declared publicly on a panel at the Storymoja Hay Festival that women who 'misbehave' should be beaten.

My friend and brother Keguro Macharia has articulated a framework of restorative justice that might serve in this instance. Please read gukira.wordpress.com/2014/09/22/whither-justice/

This is what I ask of my KPTJ community.

1) Please stand with me, and Professor Mwangi, as we face ongoing hateful defamatory backlash from Mr. Mochama and his supporters and enablers. Private messages of support are not enough. Please follow, retweet and amplify wambui_mwangi and #StopTonyMochama. Share Keguro's blogpost and the Storify of Professor Mwangi's tweets on Facebook, Twitter, listserves and all your platforms. Share your own experiences of harassment, assault, and holding predators accountable within movements.

gukira.wordpress.com/2014/09/22/whither-justice/

storify.com/anniepaul/sexual-assault-in-kenya?utm_content=storify-pingback&utm_source=t.co&utm_campaign=&utm_medium=sfy.co-twitter&awesm=sfy.co_itn1


2) Please post a simple statement on all your platforms: "I stand with Shailja Patel, with Professor Wambui Mwangi, with all victims and survivors of sexual harassment and sexual assault everywhere. I call on Kenyan men to stand with us, to be men that women can trust and respect and live among in peace and safety." Post it every day, until we have a satisfactory resolution. Help us build critical mass to hold Mr. Mochama and his enablers accountable to all the women he has abused.

3) Please join us in calling on the Standard Group and PEN Kenya to remove Mr. Mochama from the positions he holds with them, the Miles Morland Foundation to withdraw its scholarship to Mr. Mochama, Kwani Trust to cease publishing, promoting and distributing Mr. Mochama's books.

Thank you for standing with us.

[Onyango Oloo]

Tony Mochama responds:

www.the-star.co.ke/news/article-191130/tony-mochama-sexual-allegations-against-me-are-utter-garbage

Wednesday, September 24, 2014 - 00:00 -- BY ELLY GITAU

KENYAN writer, poet and author Tony Mochama has described as "utter garbage" the allegations that he sexually assaulted a woman on Saturday.

The accusations were made on Twitter by one Wambui Mwangi (wambui_Mwangi), who said that the alleged incident happened in her house to her friend.

She wrote: “Dear Kenyan men, One of you sexually assaulted a woman in my house while other men were present there. Nothing happened to the molester.”

She made it apparent who the offender was with this tweet: “I want to know if those who read Tony Mochama's words know they are reading the words of a sexual assaulter.”

Blogger Kenne Mwikya tweeted: “Since Saturday, Tony Mochama hasn't spoken to the person he sexually harassed, he hasn't apologised, what he's done doesn't register.” He added: “Tony Mochama, a public figure with a large following, needs to account for his actions! Sexual harassment is not only illegal but immoral.”

However, Mochama later posted on his Facebook page: "Just getting breaking news that I am supposed to have sexually assaulted a lady on Sato night at a party yet I was at Storymoja with wakina Msingi Sasis. Very annoying. Esp as said lady is hiding behind Twitter and defaming me to even my employees. Apparently, I do have enemies. Anyway, to all my friends, this is utter garbage, malicious fiction and I will not only 'out' it in the paper but take legal action as soon as I confirm who the person behind this rubbish is. Very very wicked people."

[Onyango Oloo]

The Macho Sexist Backlash:

www.kahawatungu.com/2014/09/22/feminists-lynch-tony-mochama-allegedly-groping-poet-shailja-patel/

Feminists Lynch Tony Mochama for Allegedly Groping Poet Shailja Patel

Posted on Sep 22 2014 - 5:15pm by kahawa


Kenyan feminists are a pathetic lot. They are worse than the lynch pins who kill grannys in Kisii for looking like witches. The Kenyan feminist will imagine what they can accuse any man they would want to finish and immediately descend upon him with all manner of virtual weapons.

Social media is now their forte and most men being sex starved or desperate to appeal to this domineering community of sexists, will just watch or also instantly condemn you to death for having being convicted of sexual assault. In most instances, the complainant owns the prosecutor and judge who are all arm-chair professionals in their forte.

Today, the victim this time is Tony Mochama. Whatever he did, he has rights which must be respected by the others who wish that their victim friend also get her rights. Only a court of law can pronounce him guilty or otherwise.

Apparently Tony Mochama was at Story Moja Festival and so was the paling sexual activist, Shailja Patel. Tony then went to the house of Wambui Mwangi where he found Shailja Patel. Tony allegedly groped Shailja Patel (renowned poet and sexist) several times in the house where some poets were meeting.

Tony denies this.


The allegations were first brought online through the Kenyan Writers Google group where Tony, Shailja and Wambui are members. Kenne Mwikya then took the allegations online through Twitter alleging all manner of things and proceeding to pronounce judgement on Tony.

Not that it is impossible that it happened or that we believe Tony, but victims and suspects have rights. The only legal arbiter in such cases is our own police service. You initiate the process by reporting to the police where they have even the gender office. Shailja being the victim knows every well that she can get even free support to hold Tony to account. Going for her desperate apologists to lynch Tony and she launch her struggling female activism career is a cheap-shot. We must stand even against the marauding rabid sexists.

Tony is not alone. Male folk came to support him.

Our own President and Deputy are suspects at the ICC in a case where sexual assault is said to have been used as a weapon in the 2007/8 Post-Election Violence.

Shailja has not commented on this since when the allegations came online but she seems to be using Kenne Mwikya (homosexual activist) and Wambui Mwangi (another sexist) to further her career. This is something which no sane person should tolerate. We must follow the due process. Today it is Tony, tomorrow it is you.

[Onyango Oloo]

Reflections from Muthoni Wanyeki:

Dear Shailja (and Wambui).

Apologies for the delay responding to your posting re: Tony Mochama. I was trying to determine what I felt about it and how best to respond. This is a long response...bear with me.

In advance, let me clarify three things: I do not condone sexual violence; I believe in--and work for--accountability, private and public, for the same; and...I am not a fan of Tony Mochama's. What I've seen of his writing is, in the main, juvenile and irrelevant. Not to mention not only sexist (as in: indicative of prejudices and stereotypes about women) but also misogynist (as in: indicative of hatred of women). I thus stopped reading him long ago. As for his personal and public conduct, in my last (not recent) encounters, I felt he drank too much and was obnoxious when he drank--including through being both sexist and misogynist. An event at Eric and Sheba's comes to mind. Micere Mugo was speaking, facilitated by either Mshai or Wambui (I forget). He (drunkenly) dismissed her and her legacy as both a political activist and a writer. I tried, sitting behind him, to get him to address his remarks with respect for her (undeniable) political and literary legacy. I got dismissed in the same way. So...this is not in defense of him. I don't like or respect him. And, as with most people I don't like or respect, I ensure I have as little contact as possible with him.

Why then, my unease with your posting? Forgive what will seem like a long meander from your basic point--a point which should be obvious, no? But I am uneasy. I have spent the last few days thinking--in between everyday life and its commitments and demands--about why that is so.

Meander one: I just finished reading a novel longlisted for this year's Booker. J by Howard Jacobson. The theme being the deletion of the letter 'J' because of 'what happened, if it happened.' What happened, as it turns out, being the annihilation of the Jewish community and the state's decision following, in collective shame, to then also annihilate public memory of that annihilation. Then the state's realisation of what that annihilation had done to the remaining society's sense of itself. There is much that could be said about the novel (in short: it annoyed me). But two thoughts arising from it struck me on reading your posting: 'what happened, if it happened'; and the notion of collective participation, shame and accountability. The last more in relation to what Keguro wrote about community accountability.

On 'what happened, if it happened.'

Meander two: I was recently involved in a discussion with many players involved in the Kenyan (and other) cases before the International Criminal Court. What has happened to the Kenyan (and other) cases has sparked much reflection on methodology and practice at many levels, in many places. In this particular discussion, the focus was on the movement from human rights documentation, traditionally aimed at state responsibility, to criminal investigations, now aimed at individual criminal responsibility. There is much that will, eventually, be said on the evidence required to make the Kenyan cases and what happened to that evidence. Little of what will be said will be about methodology and practice. That said, one take-away was clear. The Court's Judges are increasingly making clear they will not accept human rights documentation as being anything more than 'unsubstantiated hearsay.' The evidentiary standards for state as opposed to individual criminal responsibility are different--the latter being higher, to protect the rights of the accused. A reminder about corroboration, substantiation, triangulation...what should be basic to methodology and practice.

The rights of the accused. To be assumed innocent before proven guilty in a court of law.

The need for corroboration, substantiation, triangulation.

Meander three (in two parts):

a. a friend's two little sons once found me in tears on their balcony, the friend having just carried out for me the exchange of property post-relationship--keys, clothes, belongings duly returned to their respective owners, severance complete. The two little sons were literally alarmed by my tears. We explained somebody'd hurt me. They, confused but wanting to help, offered to use their tae kwon do skills to beat him up. No corroboration, substantiation, triangulation necessary. My tears were enough.

b. my little niece recently asked me why her parents had to schedule seeing me well apart from their scheduling also seeing an (ex-)mutual friend. She was trying to make sense of the adult choreography of relationship-management. I considered how best to answer. I explained the (ex-)mutual friend had hurt me, I didn't want to ever see the person again and her parents were trying to respect that. My niece's eyes widened with literal shock. She flung her arms around me, declaring 'nobody's allowed to hurt my auntie.' Again, no corroboration, substantiation, triangulation necessary. The incomprehension of well-loved children about the world being full of hurt.

We are not children. We are not adults faced with children who believe us without thought--because they do not yet understand the adults they trust could lie to them. Or that two adults they trust could have different stories about the same thing. Regardless of the source--and our faith in the same--we are adults who do need corroboration, substantiation, triangulation. To be able to affirm 'what happened, happened.'

Collective participation, shame and accountability

We know our criminal justice system is insufficient, for all the reasons your posting mentions. Yet.

On sexual violence, the women's movement has spent at least the last decade trying to improve reporting procedures. Which means survivors of sexual violence in Nairobi no longer have to obtain their P3 forms from the former singular source in Upper Hill. Which means survivors are now entitled--at least on paper--to private reporting desks in each police station. That movement also pushed through legislation on sexual violence--despite resistance and having to endure appalling public and legislative debate on all such legislation as it went though.

Yes, the criminal justice system continues to fail survivors. But institutions only work when we demand that they do. Continually. Daily. And we demand that they do each and every time we remind those institutions of our expectations. By using them. Even when we know they'll fail.

Who else has the privilege of using them if not us? Think about the women behind the constitutional case, on state responsibility for sexual violence in 2007/8. They have put their faith in the organisations moving that case forward--led by COVAW. Those organisations know that they have to meet those women's faith. They are demanding our expectations of those institutions be met.

You have chosen not to report. Not to put your faith in those institutions, not to make that demand, knowing--as we all do--the ways in which they are instrumentalised, the ways in which they are weak. That is your choice. But what does that choice say about buttressing those women's effort, the demand organisations like COVAW are making--that those institutions must, at the end of the day, however long it takes, meet our expectations? How does opting out help? When we are the very ones with the least to lose and with the most capacity to make that demand?

I'm not judging your choice. All women must act as they see fit. But I am posing the question. Because, from that question, arises my last set of responses.

What you've asked of us all. On the basis of your accusation alone. What it is that you want. What your notion of justice is. That Tony Mochama be removed from his position as columnist? That he lose his scholarship? The media's code of conduct relates to what's written or broadcast by journalists, not what's done by them. Presumably, the Standard has internal human resource policies that deal with sexual harassment and violence. Presumably, those policies are only applicable internally. The implicit assumption being that, externally, the criminal justice system (such as it is) would remove a perpetrator of sexual violence from circulation. Then there are probably grounds for termination in his employment contract. As well as in whatever he signed with whomever gave him his scholarship. Do those grounds include sexual violence? Unproved in a court of law? On the basis of a public allegation, accusation? If that were the case, most of us (judging by what flies around Kenyan social media) would have been removed from our organisations by now. Think for one minute of what most of us--and, worse, our families--have been publicly accused of over the last year alone. Repeatedly. Without corroboration, substantiation, triangulation.

The point being: the law (such as it is) is either inescapable or absent. Inescapable in terms of 'proving' the case. Absent in terms of enabling easy effect of your demands. We are, none of us, 'Heads of State' or 'senior government officials' whom the African Union has, in all its wisdom, exempted from accountability. Maybe the media's code of conduct should include the sexist and misogynist acts and not just words of journalists. Maybe employment contracts should include termination clauses based on sexual violence. Maybe scholarships granted should explicitly spell out grounds for withdrawal that include sexual violence. But we still have to make the case. That those maybes become policy and practice. That that policy and practice can be acted on on the basis of evidence.

Which brings us to Kegoro's notions of community accountability. What would those notions mean in practice here? Excommunication? I can personally think of no way in which Tony Mochama would be involved in anything I had any hand in. Based on my own experience of him and my own interpretation of his writing. So my bias is already clear and your accusation doesn't change that. But for others? Who may have a different experience of him--although I'm hard pressed to see how they could have a different interpretation of his writing? How could they respond to your posting? Without, at worst, this degenerating even further into the kind of defamation, libel, slander--not to mention sexism and misogyny--in which Kenyan social media now excels? Without, at the very least, this becoming yet another of those awkward silences amongst us? Is excommunication justice? When I think about other community accountability processes I've heard of, their point seems to be that excommunication invokes acknowledgement, repentence and apology as conditions for reintegration. Is that what you ultimately want? Acknowledgement, repentence, apology? And for all of us to demand that?

Those who'll stand unequivocably with you are those--like my friends' children and my niece--who find it inconceivable that you could lie or that you could interpret the same event differently. Or who, like you, believe that the law is not worth the paper it's written on. Those who do think basic tenets about making allegations and accusations should be adhered to will largely be silent. Those who disagree with you...well, I'm sure you've already heard from them. But this shouldn't be about confirming pre-existing bias and or action on blind loyalties. The women's movement has fought hard and long for sexual violence to be treated like the crime that it is. Let us uphold that struggle by being as rigorous as possible when we make our claims and the demands thereof.

I'll stop here. Forgive the long response. Forgive me if I seem unsympathetic. I'm not. I just need more (personally) to act. I'm the queen of excommunication (as you know). But only personally. Not in terms of what I demand politically or publicly.

Muthoni.

[Onyango Oloo]

Comments from Facebook:

Phil Wesonga likes this.

Owuoche Eunice Really?

Onyango Oloo @ Eunice. You appear surprised. Why?

Owuoche Eunice Yes didn't expect that from him

Rashid Nzambu The onus of proof lies with the accuser. It is baffling when the victim chooses not to purse justice through the judicial process and institutions while simultaneously seeking to enjoin us (non-witnesses) in condemning the alleged offender. I'm sorry, but the best we can do in the circumstances is condemn all sex-molestors without necessary taking sides in an event we have no proof of.

Pamellah Odalloh Rashid Nzambu I totally agree with you coz we don't have information from the accused hence may make a biased judgement. Its very unfortunate though if true and justice should be done.

Melissa Sweets Mochama can't do that! People from his tribe don't behave such. Maybe the lady carried her waist like saucer *lookingfortrouble*

Wachira Thangi Tony Mochama's response, and I quote-"Anyway, to all my friends, this is utter garbage, malicious fiction and I will not only 'out' it in the paper but take legal action as soon as I confirm who the person behind this rubbish is. Very very wicked people."
Now with all due respect sir, you now know it's Shailja Patel, I dare you to take the legal action you promised.

[Onyango Oloo]

Interesting comments from Nipate:

nipate.com/kenyan-poet-shailja-patel-mochama-sexually-assaulted-me-t47267.html

[kamalet]

Poor woman!You get groped illegally by a randy fool and instead of going to the authorities you think that cyber-activism will work for you? You now stand a massive risk of slander from the person you accused of groping you!

[Onyango Oloo]

Comment from Javas in the KPTJ mailing list:

I find it most difficult a task to opine on a matter that celebrated seniors, intellectual giants and my contemporaries have long weighed in, the object of my fear being that my view may not necessarily be diametrically detached from some views already in circulation, on the alleged subject of Tony Mochama sexually assaulting Shailja Patel.

For my response, I do not intend to make an academic rejoinder to this matter, more refined academics have already responded. Neither am I willing to jump into a biased rhapsody of condemnation by throwing stones and sticks without analysis of unequivocal meritorious witness accounts and counter accounts from both sides.

The person and character on Tony Mochama has been called to question, primarily on account of the alleged occurrence on the said date now well known to all. I must not defer any further to state that my few interactions with Mochama on social media, and one account in person, have undoubtedly left a bitter taste in my mouth, his sharp unapologetic tongue incessantly being on the loose. Perchance that is his vocation. But that I leave to literary and sociological historians for analysis, if needs be.

I have not met Shailja in person or spirit, save through her works. So don’t tell me I am biased, for, in principle, I have no basis to depend on any social ties as crutches to make my view.

It is improper and unfortunate that such act of sexual assault happened, if it did. It is more unfortunate that it is alleged to have happened at an assembly of creative, progressive and exposed minds. It is obvious that a sound mind cannot merely create such assertions, but it must also be clear that such charge must be verified and proper avenues embraced before putting the whole into circulation. There must not seem to be a thin membrane of pursuit of justice and malice in this matter.

Complete unverified accounts have been made by both sides, none zealous to pursue the most logical and necessary, yet urgent avenue of the justice system, yet both sides most given to witness or permit the social demise of the other.

The evidence of selected responses on this platform and elsewhere permit me the confidence to state that the manner in which this whole allegation has been presented makes it easy for one to be emotive, partisan and possibly uncritical of the whole.
I have no grounds for approbation or to excuse any claims made by either side, as I am neither a judge nor God to determine this matter ex cathedra.

It is logical and fitting, that the matter can and should effectively be presented to our growing criminal justice system, for the necessary inter partes hearing and acceptable determination.

I do necessarily believe in alternative dispute resolution mechanisms, in selective matters, which, I hold, the matter at issue should not entertain.

I see scattered merit, if any, in the urgent calls to demobilise Mochana socially, economically and professionally, primarily on the account of strong chronicles made by Prof. Wambui for and on behalf of Shailja. Neither does Mochama’s distant response offer any meaningful appreciation of the seriousness of the matter now before us.

The weight of this allegation should not be left to the strength of integrated social and professional network systems enjoyed by each party, which can potentially be explored with relative impunity.

I agree with Muthoni Wanyeki that it is in our place to hold the justice system to account by using it. I hold that our appreciation of Kenya’s justice system as frail must not be an excuse to avoid using it, whatever the matter. It is the justice system and the supremacy of laws that makes life less “brutish, nasty and short”.

Further, I agree with Al Kags that we can have this matter excellently pursued by affording each side to present their case in the courts of law. I cannot disagree with Robert Alai to the unstinting extent that condemnation of Mochama without hearing him out is tantamount to crucifying someone then later trying to establish whether the crucifixion was proper, after all.

I agree with Prof. Keguro Macharia, in part, that our keenness on accountability must not be loosened. But that accountability must not be exclusive of the existing tools and instruments that make legal and social progress possible. It may not be proper that we should set out to give a dog a bad name chiefly because we want to kill it.

If Shailja Patel was sexually assaulted by Tony Mochama, let her take the matter to the courts. If Tony Mochama refutes the allegations and is willing to prove his innocence, let him go to court. The courts will afford both parties a less dramatic avenue to resolve this matter, without the base alloy of emotional and fraternal sympathy without preliminary condemnation.
This, in my estimate, will potentially guard against the alleged victim suffering further or annexed violence, by giving room to normative and substantive application of the law. Let the hunger for justice be the railroad upon which the train of truth will pass.

Social expediency must not be a substitute or be recourse to systematic justice. If we cannot believe in the justice system at a time of relative order, what would make us believe in it at a time of chaos?
I do believe that women’s rights are undoubtedly human rights, and thus my view that this matter is best handled through an acceptable rights-based approach.

Sexual assault is a public issue, and of unfettered public interest. Documented cases around the continent such as that of Amina Lawal of Nigeria whose appeal ruling came through in 2003 must affirm our collective courage to believe in the justice system, however frail it is, however disbelieving we are in it.

In closing, numerous reports in the public domain in Rwanda, Uganda, the Congo, South Africa and here in Kenya make absolute sense of the way forward, founded on accounts of transitional justice, closing the gender gap, women empowerment and law enforcement in developing nations. UNIFEM’s report 2008/2009 titled “Who Answers to Women: Gender & Accountability” also offers useful discourse. Like authentic justice, future history can be unforgiving on a matter of this nature.

Most Sincerely,
Javas

[Onyango Oloo]

Kreemer on Kahawa Tungu:

Allegations of sexual assault are among the most damaging allegations you can bring towards anyone these days.

I will not pass judgment either way.

I know Tony, so I will speak of what I know. Tony is a lover of life, and of Truth in words.

He is a writer in the fullest sense of the term; he breathes words, he is sustained by language, and at his very best, he transforms the readers of his word.

He is married to a wonderful woman, and in his way, is a happy, dedicated family man.

I have NEVER known Tony to even speak of women in the many ways men do at bars. I know this of him so well that I can feel his sheer anger. Tiny has been called many things, has insulted and been insulted, but to assault a woman out of a sexual urge, it's simply being him. At the first assumption that sex would be the reason that Tony would assault ANYONE AT ALL, one falls completely to know him.

Sex is not a driver for Tony. Even his characters must go hunting in search of the appropriate language...the research is external.

Either a simple misunderstanding has occurred, or Tiny is caught in intentions of the grossest type of injustice - malicious defamation is an attack at the very soul of a person.

Let the story play before you pronounce judgment. The first apples at the base of a shaking tree are probably rotten.

[Onyango Oloo]

Rasna Warah comments:

Muthoni Wanyeki's very carefully thought out response deserves to be read in full. I did not enter this discussion because I do not know the facts, and I am personally against the lynch mob approach to justice. We do not know many facts about this case, what type of sexual assault is alleged to have taken place, and why the victim (survivor?) has not spoken up. Both the accused and the victim should have the courage to present their side of the story -- not to listservs or on social media, but using the available legal mechanisms, not matter how flawed they might appear to be.

[Onyango Oloo]

Shailja Patel Files a Report with the Police:

FOR IMMEDIATE RELEASE

INDECENT ACT COMMITTED BY TONY MOCHAMA UPON THE PERSON OF SHAILJA PATEL

Date: Thursday September 25

Contact: Ann Njogu, Chair, CREAW, Centre for Rights, Education and Awareness for Women
Mobile: [phone]
www.creawkenya.org

On Saturday September 20th, Standard Group columnist Mr. Tony Mochama committed an indecent act upon the person of poet and activist Shailja Patel, at a gathering in the home of Professor Wambui Mwangi in Spring Valley, Nairobi.

Today at 12 noon, Ms. Patel filed a police report at Spring Valley Police Station. She was accompanied by her lawyer Ann Njogu, Chair of CREAW (Centre for Rights, Education and Awareness for Women), high Court Advocate Betty Kaari Murungi, ED of COVAW Joan Nyanyuki, representatives from FIDA, and friends and supporters.

Ms. Patel had previously stated that she would seek restorative community justice rather than engaging the judicial system. Following consultation with civil society colleagues and consideration of all parties involved, she decided to file a police report for the following reasons.

1) To facilitate the need for corroboration, substantiation, triangulation.

2) To support the decades of work of Kenya's women's movement has spent to improve reporting procedures for SGBV survivors.

3) To move forward policy and practice on on sexual violence in public life on the basis of evidence.

4) The women's movement has fought hard and long for sexual violence to be treated like the crime that it is. We must uphold that struggle by being as rigorous as possible when we make our claims and the demands thereof.

Ms. Patel said:

"Each time a man sexually harasses or assaults a woman with no consequences, he is emboldened to repeat and escalate that behaviour. It becomes a pattern. Sexual predators are not born; they are the product of patriarchies and rape cultures that teach men they are entitled to the bodies of all women.

"When a man invades a woman's body space without her invitation, touches, grabs and gropes her without her consent, he violates her sovereignty of person. He evicts her from her own body. Our bodies are our first homes. If we are not safe in our bodies, we are always homeless.

"Let us stand with all victims and survivors of sexual harassment and sexual assault. Let us create a society where sexual violence is unknown."

END

[Onyango Oloo]

Jill Cottrel Ghai:

Shailja: I think you have done the right thing. It's not an easy thing to go to the police anywhere and discuss an issue like this. I wish one could say that you will get justice. We all know the weaknesses of the system. But the system won't get better unless people have the courage and patience to insist on trying to make it work.

Jill

[Luol Deng]

OO,

Greetings from Blantyre. First, I am not a fan of Tony Mochama's writing. Neither his smitta smitten column on the pulse rag nor his other writings appeal to me. I know less about Shailja but the accusations that have been made here are grave. This issue therefore needs to be handled more seriously than I have seen it being handled.

On a yearly basis we are normally treated to grim statistics of women who are sexually assaulted or even raped not by strangers but by those who are known to them. The more shocking statistic is that over 80% of the cases go unreported. As Muthoni stated, the building of institutions to deal with sex crimes has been slow, but some progress has been made on that front. If indeed the sexual assault occurred with corroborating testimony from 12 or so witnesses, why has it been so hard to report the matter to the authorities?

The sexual assault allegedly happened on Saturday night, all was quiet on Sunday, the story was then reported to a police station called Twitter on Monday and the social media exploded. We have been told nothing on any measures that were taken by those who were present to address this situation. The twitter reaction is always predictable, the feminists will always act in a certain way, the macho men will also act in an equally predictable way. When I hear that "All Kenyan men are this..." I know from which quarters the comment is coming from. If on the other hand I hear that "These are the attention seeking, unmarriable......" I know the source of that comment. It is as easy as telling the political sentiment of the typical Kenyan, just look at the comment and you will be able to guess a fairly accurate surname or vice versa. In brief, the social media is the last place where you would take something in order to secure a favourable outcome.

Before I leave I would like to jog our memory on an event that took place last year. There was a by election somewhere in Kisii county, out of the blue an allegation surfaced that Jimmy Angwenyi had slapped Gladys Wanga of Homa Bay county. Twitter went into a meltdown, the self styled feminists pounced, Jimmy Angwenyi was called all manner of names and Kenyan men in general were not spared either. A few hours later, the story was confirmed to be a hoax by none other than Gladys Wanga. If it was a face saving measure from Gladys Wanga, I had an acquaintance at the said polls, no such attack took place. When the story was confirmed as a hoax, twitter went quiet. There were no apologies, none of the inflammatory comments were retracted, nothing, just silence. One cannot unsay what they have already said after all. So, while this seems to be a more solid case, it has been mishandled. I will err on the side of caution on this one and hope that the parties involved will pick this up with the relevant institutions.

[jakaswanga]

Sept 25, 2014 17:10:35 GMT 3 Onyango Oloo said:

Rasna Warah comments:

Muthoni Wanyeki's very carefully thought out response deserves to be read in full. I did not enter this discussion because I do not know the facts, and I am personally against the lynch mob approach to justice. We do not know many facts about this case, what type of sexual assault is alleged to have taken place, and why the victim (survivor?) has not spoken up. Both the accused and the victim should have the courage to present their side of the story -- not to listservs or on social media, but using the available legal mechanisms, not matter how flawed they might appear to be.

You will know to recognise the wink in this paraphrase. Every country gets the sexual scandal it deserves. And this one is our riot moment. It was a long time coming.

First this one involves artists –-celebrated and celebrities. They are therefore, presumably proven, articulate in form and content and expressions thereof. They know the difference between truth and fiction, and therefore an event in their presence whose facts remain clouded, is by design. No, they are neither tongue-tied, nor in writer's block! (I would bet to suck my own dik on that! yawa! )

Second, it is male female –-homosexual scandals do not carry the scandalising element of entertainment a heterosexual one does. Third, the female is a poet, the man involved a prose-teller [novelist and the rest like short stories]. One is single and a free soul, the other a family man and, reportedly, mpango-wa-kandoistic. Then there is the icing on the cake. Indians have been massively around Kenya for centuries, but there is not much ''afro-Indian'' mixed-blood children to boast about in the population. We therefore have a forbidden fruit situation. A historical coyness –-wait until I desecrate the poet Marvell presently.

NB: In fact the nation is still reeling from the recent scandal when an Indian girl eloped with his Muluhya sweetheart. It has been a free for all achieving mind-boggling creative tangents.

Whereas love is no respecter of racial boundaries, this one has stretched the parameters for the Asian folks where marriage is confined within the community and select families. Whereas it is not stated openly, Asian families, even those born in Kenya, frown at relationships between their boys or girls and ordinary €œblack Kenyans.

Cases of suicide have been reported among Asian families whose children have crossed this red line. But as it seems, a gush of love from an Asian girl is shattering this myth as she takes a Bukusu soulmate in an affair she has come to treat as a matter of life and death.

Read more at: www.standardmedia.co.ke/thecounties/article/2000129903/indian-girl-crosses-red-line-to-win-bukusu-soulmate

cases of ''suicide'' have been reported. Let the Luos of Kisumu decode that ''suicide'' thing for you, and you will marvel at what it takes to run a caste system for centuries!

And so dark forces are unleashed in the national subconscious with this scandal. Then it comes at a time when guns have been discharging at wrong places (like county assembly halls in Makueni) and the elite, clueless before two referenda, are showing ever more fearful signs of degeneration. We the people need a distraction now. And God, has not manna fallen from heaven for us the chattering classes!

Let me now rape the divine English poet Andrew Marvell to mark this occasion.

To His Coy Mistress (Andrew Marvell mutilated)

If we had enough time, This coyness would be no crime,
We would sit or take the long way To walk and pass our lovers day.

But at my back I always hear Time's wingèd chariot hurrying near;
Your beauty shall no more be found, neither shall my chords form sound
For
Your quant honour shall have turned to dust and to ashes my lust
Leaving only worms to test your long preserved virginity and my dwindled virility
The grave's a fine and private place, But none, I think, do there embrace!

WHAT HAPPENED?

May be now the poet has filed a statement, the definition of ''grope'' and or ''sexually molest'' will be aired, such that the offensive actual act is no longer subsumed in euphemisms which range from ''fondle breasts to finger the vagina, and to penile violation aka rape''. Given the number of clever and honourable people present on the day, the facts of the case should come out tumbling quick and thick soon enough. Unless of course these honourable people have reason to twist the truth, tell falsehoods and confuse the issue further.

It was a club of artists after all, and given that the two involved people are already telling totally different versions, there could other factors more important to this club than telling the truth. Some may decide a fictionalised account is a better lesson to Kenyans than the truth. After all this is the nation which treats her monster ruler of yesterday, Arap Moi, as a god. A clever artist with Wilde's Irish sense of humour could just see the wit in feeding such lie-loving society with more lies to constipate upon.
This is a tabloid tale. And tabloid tales read well tell you the true tale of your country. Neurotic artists who have become the story, and not their products, ie reality first wired through their cranial lobes of creativity aka artistic productivity.
Yes, those who never read the difficult book by Wole Soyinka called THE INTERPRETERS. Now enjoy the live dramatised soap. A popular version therefore less deep, but still, a worthy rape like my short rendition of the great Andrew Marvell: TO HIS COY MISTRESS!
A subconscious letter from black males to Indian girls, wholly immune to ''jungle-fever''. (I should say ebola in Africa).

A GLIMPSE AT A HEALTHY ONE! WILLING DIK WILLING PUSI! Oh this miracle called Love!


Timothy Khamala having a light moment with Sarika during the interview. [PHOTO: CHRISPEN SECHERE/STANDARD] Webuye, Kenya: There’s much to be said of the popular adage “love conquers all” at least for two unlikely lovebirds – Sarika Patel, 24, and Timothy Khamala, 25.

[OtishOtish]

You'd be surprised at how much you can get just by asking nicely. Don't grab.

[Deleted]

I have this hunch that if Tony Mochama apologised to Shailja Patel, none of this would have come to light. But wapi, impunity with regards to women's bodies is something Kenyan men do all the time. They can do whatever the hell they want and yes, get away with it. Oh well, it's about time they learnt that sometimes, they have to answer for their actions.

I know one who sexually assaulted a slew of women who he dismissed as "mere refugees." He got a shit load of money because the police botched up the case. They were much more interested in putting a black man in jail, than defending the rights of young black women. And then there were a bunch of Kenyan men (progressive and reactionary) defending him in and out of court. But I say karma is a jerk and he is yet to get what's coming to him. He got some grief, just not as much as he deserves. A couple of years ago, I was talking with a woman here in Toronto. I aked her if she'd heard the news coming out of Kenya. I mentioned the said man and she responded thus, " I hate that man, I hate that man." She then proceeded to tell me that he had made sexual advances to her when she went to meet him in order to retain his services. She told him that she has a mother and father and doesn't need to sleep with sleazy men to get what she needs in the world. She then left his office. She wasn't one of the women for whom he had been charged with assault. The predator didn't know that she is a lesbian and has zero use for male sexuality. That's not to say that heterosexual women should be assaulted by hetrosexual men; it's just to highlight the absurdity of assumed hetrosexuality. Besides, hetrosexual men also rape and assault lesbians. They also assault and rape children, and even animals. I wonder if the predetor will know who I'm talking about given that he'd made a habit of harrassing women. Good luck to him and lets see how he feels should (God forbid) men do the same shit to his daughters. Like I've told another punk, his woman folk aren't exempt from misogyny. 


FOR IMMEDIATE RELEASE: SEXUAL VIOLENCE COMMITTED BY TONY MOCHAMA UPON THE PERSON OF SHAILJA PATEL

Date: Thursday September 25

Contact: Ann Njogu, Chair, CREAW (Centre for Rights, Education and Awareness for Women)

Mobile: [phone]

www.creawkenya.org

On Saturday September 20th, Standard Group journalist Mr. Tony Mochama committed an indecent act upon the person of poet and activist Shailja Patel, at a gathering in the home of Professor Wambui Mwangi in Spring Valley, Nairobi.

Today at 12 noon, Ms. Patel filed a police report at Spring Valley Police Station. She was accompanied by her lawyer Ann Njogu, Chair of CREAW (Centre for Rights, Education and Awareness for Women), High Court Advocate Betty Kaari Murungi, Executive Director of COVAW Joan Nyanyuki, representatives from FIDA, and friends and supporters.

Ms. Patel had previously stated that she would seek restorative community justice rather than engaging the judicial system. Following consultation with civil society colleagues and consideration of all parties involved, she decided to file a police report for the following reasons.

1) To facilitate the need for corroboration, substantiation, triangulation.

2) To support decades of work by Kenya's women's movement to improve reporting procedures for SGBV survivors.

3) To move forward policy and practice on on sexual violence in public life on the basis of evidence.

4) "The women's movement has fought hard and long for sexual violence to be treated like the crime that it is. We must uphold that struggle by being as rigorous as possible when we make our claims and the demands thereof." - Muthoni Wanyeki, Regional Director for east Africa, the Horn and the Great Lakes, Amnesty International

Ms. Patel said:

"Each time a man sexually harasses or assaults a woman with no consequences, he is emboldened to repeat and escalate that behaviour. It becomes a pattern. Sexual predators are not born; they are the product of patriarchies and rape cultures that teach men they are entitled to the bodies of all women.

"When a man invades a woman's body space without her invitation, touches, grabs and gropes her without her consent, he violates her sovereignty of person. He evicts her from her own body. Our bodies are our first homes. If we are not safe in our bodies, we are always homeless.

"Let us stand with all victims and survivors of sexual harassment and sexual assault. Let us create a society where sexual violence is unknown."

creawkenya.org/ke/

[Onyango Oloo]

Tony Mochama:

"I'm suing for slander and defamation"

www.the-star.co.ke/news/article-191426/im-suing-slander-and-defamation-tony-mochama

AUTHOR, poet and columnist, Tony Mochama, wants to sue the woman who was accused him of sexually assaulting a female friend at her house last Saturday.

Mochama came to his own defence, saying that he was not even at the said house-party and thus, never assaulted anyone. On Tuesday, he told Word Is that the scandalous assault allegations were just “evil lies” formed to settle scores by one Professor Wambui Mwangi, an author.

He said: “There is lady called Wambui Mwangi tweeting very evil lies alleging that I assaulted someone at her house on Saturday. The thing is, she is just a wicked woman who has always hated me, specifically for my 'Men Only' column, calling me a male chauvinist on our writers' google group.”

“I think she is trying to socially lynch me to launch her public feminist career. Please let Kenya know that I am suing her for slander and defamation. She is trying to tarnish my name, but the truth will be out in court and I want people to know I am taking her venom and lies on,” he added.

Author Binyavanga Wainaina wrote on Mochama's Facebook page: "You are somebody I value deeply, as a writer, as a friend. If you need help support during this time, you have it. You will have a lot to work through over the next few days and weeks. Please dig deep, and let the poet's heart speak, not the tabloid man. That one will not help you. You know my number."

Poet Shailja Patel has been named as the complainant to the alleged assault. In a poetic tone, she tweeted on Tuesday, "I came home. I was on hiatus. Resting. Being with loved ones. This happened. To me."

However, later on Tuesday, Mochama admitted to have been at the party. He wrote: "My colleague did support me to the car and she swears Shailja told me to 'back away' as folks hugged goodbye. To turn this into an allegation of sexual assault is cruel. To triumphantly with glee tweet away, two days running as Wambui, who was not even there, is simply savage and unconscionable."

[Onyango Oloo]

www.ghafla.co.ke/news/tv/item/24403-so-it-is-true-shailja-patel-reports-tony-mochama-to-the-police-smitta-smitten-over-sexual-assault

[Onyango Oloo]

Oloo Tweets Mochama:

Onyango Oloo ‏@onyangooloo 1m

@therealsmitta jukwaa.proboards.com/thread/9193/kenyan-shailja-mochama-sexually-assaulted …
View summary

[Luol Deng]

OK Kathure,

Regarding Ann Njogu's intervention on this issue, isn't she the same one that was accused in 2012 alongside her son of assaulting her elderly father? Well, she was later acquitted of all charges. She proceeded to give her view on the entire episode and stated (I paraphrase)

1) The charges were trumped up
2) The media went on to sensationalize the issue before getting to the bottom of the matter
3) The legal institutions were a "patriarchate" (oh yes, the twin evils of patriarchy & misogyny are able to explain all the ills in the world)

All the charges were dropped, fair enough. But from the tone of her letter it is abundantly clear that she wanted to be treated as innocent unless proven otherwise because this had led to the darkest chapter of her life. The matter clearly affected her both personally and professionally, and she said as much.

Now, roughly 1.5 years later, she finds herself not as the victim but as one of the accusers. Is she giving the accused the same benefit of doubt that she wanted barely 2 years ago? Hypocrisy is hypocrisy, whether it is being perpetrated by a self styled feminist or the 'patriarchal' system. But again, I wouldn't lose sleep over Ms. Njogu's shenanigans.

[dineo]

Two heroes here are Kwame Dawes and Clifton Gachagua.

When was the last time African men (who were present when the alleged crime occurred) stood up and witnessed against their molester brother? This appears to be a first, at least in my book.

Yes, Tony Mochama should 'receive a fair trial' but... seriously... whatever.


We need to hear from both Kwame and Clifton.

[abdulmote]

This whole episode appears to be like an extremely unfortunate event, which happened because human beings are, generally speaking, in my view a bunch of lunatic creatures of varying degrees.

Shailja comes across as someone who was just reacting to an episode which may have caused her some momentary embarrassment and at the same time, found herself having to respond to some pressure from some of her close mate/s. It is all about one person seeking to use another as a pawn, by exploiting as it were, an unfortunate and undesirable incident. That is the impression I am getting. I do not know these people or anything about them. I first read about Ms Patel here in Jukwaa, courtesy of Oloo.

Mochama on the other hand comes across as someone who has, perhaps, a drinking problem in the making. Trust me, every man has their weaknesses. Add alcoholic consumption as part of their acquired life style, the end result can evolve into something unpleasant.

As it happened, this guy was perhaps unstable on his feet and his mind intoxicated after a good few bottles of the brew. At that point, his corrupted faculties of thought might have betrayed his otherwise well controlled attitude when sober. He was overhanging and became excessively 'touchy' to the one woman he might have fantasized about, as a man with natural animalistic instincts an sometimes natural desires that can be difficult to control for some. He could not control his natural weakness then and became unaware of his behavior when so drunk and intoxicated as he might have been when sober.

As things stand now, Shailja must be in some sort of turmoil. Her friends putting unbearable pressure on her that she should do this and that, ultimately leaving her confused and shattered. I am inclined to think that this is not how she wanted the whole episode to evolve, her initial mode of preference made clear.

Mochama on his part, must be overwhelmed and shocked at the story unfolding. He is on a defensive mode and similarly, his friends are ramming him with all sorts of aggressive and defensive advice.

My opinion is this whole thing may not be as bad as the lynch mob is trying to fuel and portray:

To Shailja, perhaps it is time to pull back, objectively reflect on the true severity of the whole thing She should try to get some 'neutrals' who may assist her in resolving this without the intended court room drama, which the lynch mob must be eagerly waiting for in anticipation. Sometimes forgiveness can be a lot kinder to your own self than stubbornly seeking revenge in order to punish your 'enemy'. Pleasing the spectators may not necessarily work in the your own best interest, as it were.

To Mochama; perhaps it is time that he should gather courage and accept that in his moment of extreme drunken weakness, he may have wronged someone in the darkness of his apparent 'madness'. He might as well also seek some neutrals who can iron this thing out and be ready to offer a good and sincere apology to his victim. To err is human, they would have written.

Equally, perhaps it may be time for Mochama to acknowledge that he may be heading towards deeper personal problem and a path guaranteed to eventually destroy his otherwise good soul.

Otish, wewe umepotea wapi? Salaams,

Kamale, you have been in my mind and it is nice to hear you again in Jukwaa.

Kathuree, yours was a giveaway! Human beings can be sad, irrespective of their other potentials and status in life.

[kamalet]

Mochama must by now know who his friends are....he must have thought that poetry and activism of the "evil society" can mix as some of the characters can be found in both camps. Unfortunately Mochama belongs to the writing group, loves his tipple and likes to tell about it.

On the night in question he concedes having had quite a bit as he had " to be helped to the car" and even adds that his female colleague helping him to the car "swears hearing Shalja asking Mochama to back off as people were doing their good bye hugs". Taken at face value it would appear that there was hugging going onas people said goodbye and Shalja objected to hugging Mochama who was too drunk to know he was being stupid!

That is Mochama's version that is public. We must wait and hear what the Shalja version isn't - but for now the fury of the activists would suggest that Mochama is guilty of something worse than trying to pull down Shalja's knickers. Shalja has gone to the police under duress. There are many it would appear have a score to settle with Mochama.

Unfortunately at the end of all this, two people will have been left hurt, and it certainly is not anyone of us commentators to this incident.

[jakaswanga]

Sept 27, 2014 9:41:56 GMT 3 kamalet said:

Mochama must by now know who his friends are....he must have thought that poetry and activism of the "evil society" can mix as some of the characters can be found in both camps. Unfortunately Mochama belongs to the writing group, loves his tipple and likes to tell about it.

On the night in question he concedes having had quite a bit as he had " to be helped to the car" and even adds that his female colleague helping him to the car "swears hearing Shalja asking Mochama to back off as people were doing their good bye hugs". Taken at face value it would appear that there was hugging going onas people said goodbye and Shalja objected to hugging Mochama who was too drunk to know he was being stupid!

That is Mochama's version that is public. We must wait and hear what the Shalja version isn't - but for now the fury of the activists would suggest that Mochama is guilty of something worse than trying to pull down Shalja's knickers. Shalja has gone to the police under duress. There are many it would appear have a score to settle with Mochama.

Unfortunately at the end of all this, two people will have been left hurt, and it certainly is not anyone of us commentators to this incident.

Kamalet,

...he must have thought that poetry and activism of the "evil society" can mix as some of the characters can be found in both camps. Unfortunately Mochama belongs to the writing group, loves his tipple and likes to tell about it....

your wild ''rascallian'' hairs are very long I can see. In the main, without this your Miguna-like habitual urge to throw grenades at a particular object (the ''caliph of Nyanza'' in Miguna's case, the ''evil society'' in yours), I think you agree with Abdulmote. There is a drink problem here. I would think, the best friends of Mochana have already let him down. They have been spectating his slow degeneration into a common drunk.

I know coz I have true friends who have helped avoid the fate: easy: they say: I will keep the company of a succinct and articulate fella, producing and expressing consumbale thought. You get drunk you are a bum, and bums are a gutter breed where they belong.

Mochana needs a friend to tell him straight. You are not an artist when we have to help you to your feet to your car. You are merely an alcoholic wreck. You need rehab. ASAP.

The poet Patel now may have to withdraw the case. A totally inebriated pest --as B6k no doubt would declare, can hardly be responsible for his actions. Clever writer he may be when sober, but the depersonalisation of drink renders him more in need of a rehab-clinic than a jail cell where they will rape his ass to bits, and totally wreck his mind. destroying another artist! Unless ... remembering a french writer who used to ''sell his mouth'' in prison for cigarettes, Toni really is living art, such that fiction and reality is all the same! (a suicidal pact with art!].

[dineo]

Jakaswanga,

"A totally inebriated pest --as B6k no doubt would declare, can hardly be responsible for his actions."


You mean like drunk drivers who mow down pedestrians??

Or drunk men who rape women or children??


Why are you people downplaying (excusing) Mochama's behaviour?

And whether or not Shailja was "pressured" into filing a case with the police is irrelevant. The way you people are talking, she's a 'nice girl who excused Mochama's picadillo until those evil civil society types twisted her arms and 'forced' her to report the incident. All hogwash.

Any woman that has been sexually harassed or abused first has to go through the embarrassment and self-loathing that come with the incident. Who knows where Shailja's mind was immediately after the incident? Who knows how she was feeling other than herself?? I commend her for going to the police and sympathise with her for what she has gone through. She is in my prayers.

It's so interesting when men such as yourselves start 'analysing' the sexual predator acts of your fellow brethren and then start claiming to know how the woman - the victim - feels.



As for Mochama vis a vis these civil society types, I am not coming to his defense but I believe that the manner in which he has been attacked by some of them - if not all - is highly tainted by Classism. Anyone with a brain can see that he is not a part of their 'class'. Anyone who knows that group of writers, poets and 'concerned' individuals knows that they are a bunch of classist fools for the most part. Fools with some talent.


Mochama has a looooooooong history of misogyny, of sexual harassment, of just outright BS against women. If he did this - and I believe he did - he should fry.