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The Untouchable Estate Don

By Tobias Ogutu

If you believe that all humans have equal rights, you need to spend time in informal settlements like Nyalenda A in Kisumu East Sub-County. In many informal settlements in Kenya, there are individuals considered untouchable—meaning they can commit wrongdoings, yet law enforcement is reluctant to take action against them. In Nyalenda A, such individuals exist, the majority of whom are illiterate men who rely on their physical strength and political connections to intimidate others. Because of this, they refer to themselves as the Dons despite their notorious reputation, local authorities fail to apprehend and punish them.

On the morning of August 28, 2035, at a water point in the K’Lego area of Nyalenda A, Consolata Akinyi, a 45-year-old man, was severely beaten by a 35-year-old man for merely exchanging words with the man’s wife. The man, commonly known as “Champ,” is one of the local dons ruling Nyalenda A, and crossing his line can be fatal. Consolata, who had recently moved to the area, did not know the don’s wife and bravely asserted her right to first come, first served at the water point. The wife called her husband, who, without recognizing Consolata as an elder woman, attacked her with blows and kicks.

The unfortunate part was that the village elder, who serves as a Nyumba Kumi member responsible for the area’s security, was present but did nothing. The elder did not even inform the chief about the incident. When Consolata reported the matter to the chief, the village elder, who had witnessed the event, refused to testify on her behalf simply because the perpetrator is an Estate Don. Upon learning that it was “Champ” who had assaulted Consolata, the chief was reluctant to take action and only advised her to keep away from the Don and his family.

Consolata did not stop there; she proceeded to report the matter to Kassagam Police Station, hoping to find justice. Unfortunately, when the police came to make an arrest and discovered it was the Don, they returned, stating that a thorough investigation was needed. The police demanded that Consolata come with at least three witnesses. His daughter, who was present at the scene, was denied the opportunity to testify. According to Consolata, the police said that none of her relatives could serve as witnesses in her case. To date, she has never received justice.

Consolata’s case is similar to Nanjala’s, who was beaten by the same Don over a conflict involving his wife. All of the Don’s victims have filed reports, but so far, no arrests have been made. The residents live in fear because the Don seems to be above the law and can do anything to them at any time. The fact that most residents are afraid to testify against the Don indicates a lack of trust they have in the local authorities. The question that haunts eye witnesses’ minds is: What if he returns from police custody? What will he do to us? And so, no one dares to be a witness in a case involving the Don.

Nyalenda are now urging local authorities to find a way to control the Don and put an end to his bullying. They are also questioning why even the local officials seem afraid of him. Additionally, there are other Dons in different parts of the estate who need to be tamed by the government; otherwise, Nyalenda may soon be overrun by street rulers, making it difficult for the government to manage, similar to the situation in Haiti.

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