Once Upon A Time, There was a Conman Carpenter...

 Since I moved to Kenya 6 months ago, I have been waiting for 1 piece of furniture to arrive in my house to make my apartment complete. It's been a couch which I ordered to be custom-made from a carpenter who was hired by my landlord in March while doing some other handywork.

To make a long story short, after patiently waiting to come to an agreement, I felt that I had no other choice but to explore contacting the police. I didn't want to be taken-advantage of for being a foreigner and felt that my trust had jeopardized.

Earlier this week,  I finally organized the police to arrest the conman carpenter after spending all of September chasing various avenues.

Last week was the end of the month and I had been in touch with the carpenter to meet me on Sunday. It's a time when workers are paid and travel and have extra money to do whatever.

After conversations and texts throughout the weekend, he and I agreed that he'd be coming to the apartment on Sunday afternoon. My texts and phone conversations were clear-- come to my house and we'll go to the workshop to see the furniture.

On Sunday afternoon, after organizing with the police to arrive in civilian clothes, they waited outside while I waited upstairs for the carpenter to come. 1:30pm came and went. I tried to call him, all 3 telephone lines were off... even hours later into the evening, his phone was still off.

Finally, 5 hours after our failed meeting I sent him a text: "I have always believed that you were a trustworthy, reliable person and don't understand this behavior from someone of your age and stature. Lets sit and talk like mature, responsible adults that we are. I waited all week for your return so that we could see the furniture today. I've been a very patient person praying everyday and look forward to this afternoon all week. This is important to met and expected your understanding and help. Can you try to imagine how extremely hurt and disappointed? We need to reschedule so that we can complete this job kabisa ("completely" in swahilli). Call me - my phone is open and will pick your call."

No response. No text reply. No telephone call.

Monday came and my swahilli teacher and I decided to call him. He picked up my call and I asked him what happened yesterday (Sunday). In a rude tone, told me that I he tried to organize someone to come to my house and I could sort the remaining $100 dollars to complete the job, but that I had refused. Then my swahilli teacher jumped in and put on the pressure and a swahilli conversation ensued.

The carpenter has stood us up multiple times--- and the same status of my furniture today was the same status it was 6-weeks ago. We were finally hard and gave him an ultimatum that he could choose-- come meet us or we will organize the authorities to come get you in the small town that you're working.

Finally, he said he would travel 3-hrs to Nairobi (from where he said he was working), and meet us. He arrived around 9pm, called me to tell me he arrived and wanted me and we decided on meeting at 11:30am.

At 11:30, a few minutes later, a taxi pulled up with 2 plain-clothed police officers, and we all met in my house. I told the carpenter, "I'm sorry, but you have given me no choice but to contact the police and you are now being arrested."

Then the 4 of us traveled to the police station and sat in a tattered interrogation room. The excuses spewed from his lips. He was finger-printed and taken to a cell. I told him that we were beyond negotiation and that he has disrespected me and I can no longer trust what he says.

In Kenyan law, a person can only be held for 24-hours and then they either go to court (which could imprison him for up to 1-year since he has technically conned me.) or we can come to an agreement with the state that he pay back slowly with installments.

After leaving the police station yesterday afternoon, I called my Kenyan friend who has lived in the UK. We share a similar background in Communications and journalism and he could sympathize.

This weekend when we met up to watch football, I told him about my predicament. He could sympathize and told me that he wished I had told him sooner about this problem. He would have called the carpenter and would have ruffled him months ago. 

Yesterday after returning from the police station, I told him about the latest developments. He suggested that I settle instead of pressing charges and going to court.  Whatever "little money the carpenter could raise would go to the state and you would never see any of it. You am making a bigger deal out of little money. At least if you get 1/2, you will have received something, and do you really want a long drawn-out deal with the courts?" he said when I asked him for his advice.

This situation was a complex dilemma for me-- to fight this issue hard and have the carpenter receive punishment for his actions on the basis of pure principle? Or do I show compassion and attempt to negotiate?

It's a delicate scenario because the issues have required me to think about my own values and morals, personal views of poverty and wealth, personal desperation, local cultural norms of what is acceptable behavior (or even status in a patriarchal society), and individual respect.
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Just before my evening class, there was a break in my case. I received a voicemail from a woman at the police station. Her  message was articulate and she sounded like she was a fellow foreigner. She asked me to call her back and that she was at the station to help the carpenter and wanted to come to an agreement.

She said that she had been called by the carpenter to intervene and she wanted to know what I was negotiating.

I explained to her my experience with him over the last 6 months and how he has failed to deliver on our agreement. I was left with no other option but to try to solve this matter via this route. But, in showing compassion towards his wife and children, I will accept 1/2 the value and we discuss a repayment option and we can meet later to sit and discuss.

This morning at 8am, the guarantor and I met informally chatted in the parking lot of the police station while we were waiting the meet with the officer in charge or the sergeant assigned to my case. The guarantor appeared to be in her late 30s or early 40s, with blackberry in hand, her car outfitted with diplomatic license plates, wearing black heels, gold jewelry to compliment her work attire, she hoped to settle this issue early before proceeding to work where she works in HR for an NGO. She lived in Kenya for 7-years was originally West African.

As we waited for the sergeant handling the case to arrive from court to the police station, we talked for about 40 minutes exchanging versions of the carpenter's story and corroborating information. She had met the carpenter in 2006 when he was hired to do some work in her house (sounds familiar?) and he approached her to consider employing his wife to care for her children. After a short vetting process, the carpenter's wife was hired and has been caring for her 3 children ever since.

She told me that sometimes, on the rare occasion, when she goes out of town for work, she will consult the carpenter (since he is the head of household) if his wife can stay overnight with her children. He always agrees and the carpenter and his wife find other accommodation for their own kids.

The guarantor became involved because she felt compassion for the carpenter's wife and their 5 children. Last evening, the guarantor said that she had discussed this situation with her husband and they are supportive in wanting to avoid this going to court since they recognize the dramatic and adverse impact it would have on the carpenter's family.

Over the years that the carpenter's wife has been employed, the guarantor says that she has had absolutely no issues with the carpenter or his wife. When he's called to the guarantor's house to complete some work, he always comes and completes the job fully. He has even made furniture which sits in their home.

The guarantor then proceeded to tell me that the carpenter's wife is the 'bread-winner" of the house and, at times, when he has been unemployed searching for work, it has put tension on their relationship. She says she knew that he had been in and out of work for the last 12-16 months and just recently got a new job in a small town, 3-hrs by car from Nairobi. At least it is steady work, and he can remit his salary 2x per month when he is paid on the 15th and 30th.

The guarantor has said that the wife has wished that her husband did not associate with unreliable people (my furniture was outsourced to an unreliable workshop to do my order) and this might now finally be a lesson for him. Apparently, his children know about his arrest and some are shaken. The carpenter's wife has told him many times that he should not go back to them hoping that their behavior and outcome will change. The guarantor and his wife hope he has now learned his lesson. This was the first time that this 47-year-old had been detained.

Originally, I hoped to be repaid in a month, but based on his 15,000 monthly salary ($175), that would be unrealistic. The carpenter suggested a 6-month repayment plan, but I refused. I wanted something more substantive and shorter.  We finally agreed on 3 installments to be delivered to the police station on the 8th of Nov, Dec & January.

I still remain unconvinced that he has accepted accountability for his actions which was the key objective of both the guarantor and myself.

If he fails to come up with this money, the guarantor will pay on his behalf on the 8th. We all signed the agreement and a copy has been retained for his file.

The matter appears to be resolved on paper, but the coming months will demonstrate a full outcome and it will be interesting to see what decisions he chooses which could jeopardize his wife's steady employment?

But before I could leave, the sergeant pulled me aside for one last conversation. She asked for what Kenyans refer to as "chai money." A request for another tip for appreciating her help...

This whole lengthy encounter reminds me of what many of my local friends say, "This is Kenya."