The recent by-elections have peeled back the veneer of a functioning democracy and exposed a deeply corrupted electoral environment under equally compromised electoral management bodies, which has raised the level of trust deficit in the election process and their ability to conduct the next general election.

What should have been routine, democratic contests to fill vacant seats in 22 electoral areas instead became a display of state manipulation, opposition complicity, and calculated violence. Today, we are releasing accounts that show how state institutions and opposition actors planned and executed violations aimed at defeating the will of the people.

These violations formed part of a deliberate architecture, built on intimidation, bribery, misinformation, violence, and abuse of public resources to distort the electoral process and predetermine outcomes.

Intimidation and  violence

 Testimonies gathered from election monitors, journalists, and local observers indicate that state agencies played the most decisive role in orchestrating the violence and coercion that marked election day on November 27.

These by-elections were also marred by violence and intimidation across multiple constituencies. In Kasipul, two people were killed on the evening of November 6 in clashes between supporters of ODM’s Boyd Were and independent candidate Philip Aroko during a political rally in the Opondo area, Central Kasipul Ward, Homa Bay. Several others sustained injuries as gunshots were reported during the confrontations, 

In Malava, violent clashes and roaming armed goons, some even escorted by police, created an environment of fear, as documented by observers. The goons appeared to be siding with the state-backed candidate, David Ndakwa, who also ran on the ruling party coalition, UDA.

Specific incidents highlighted the organized nature of these threats. MP Peter Kaluma, acting as an election observer at Agoro Sare Primary School, was attacked during the voting day by suspected goons, sustaining a head wound, and his bodyguard’s firearm was reportedly stolen.

In Mbeere North, polling agents were attacked en route to their stations, and at Siakago Social Hall, groups carrying crude weapons clashed during vote counting. Journalists covering the process had their phones confiscated, suggesting that coordinated efforts were being made to disrupt reporting.

Seth Panyako, a candidate in Malava, claimed that state goons stormed his hotel on the eve of the elections, targeting him and his staff to intimidate and disrupt electoral operations. Vehicles carrying money for voter inducement were reported to have altered number plates.

In Khwisero and Kasipul, police intercepted vehicles transporting crude weapons, indicating that armed groups were actively mobilized to influence the elections.

One area chief in Malava summoned women’s groups and youth leaders and warned them that voting for an opposition candidate would “invite trouble from Nairobi.” The cue was taken from Prime Cabinet Secretary Musalia Mudavadi and National Assembly Speaker Moses Wetangula, who said that the William Ruto regime would give state appointments to UDA aspirants who lost in the primaries.

The threat that voting for the opposition would strip away constitutionally protected rights frightened several voters, especially beneficiaries of state social protection programs, who said they feared losing stipends or bursaries if they voted “the wrong way.” The low voter turnout can be attributed to such tactics.

Such actions violated Article 81(e) of the Constitution, which requires elections to be free from intimidation, undue influence, and improper pressure, as well as Section 10 of the Election Offences Act, which criminalizes the coercion of voters.

State involvement deepened when police units in Malava, Mbeere North, and Kasipul constituencies were positioned as instruments of political enforcement. There were reports that police briefly blocked accredited election observers in Malava from entering the polling stations, while allowing ruling-party agents to operate freely. When voters protested, tear gas was fired, forcing families, some with infants, to flee.

Such actions breached Article 29(c) of the Constitution, which guarantees freedom from violence, and Section 104 of the Elections Act, which mandates facilitation, not obstruction, of voting and oversight.

Perhaps the most alarming finding is the involvement of the Interior Ministry in subverting the will of the people. Interior Cabinet Secretary Kipchumba Murkomen publicly warned political actors, party supporters, and citizens not to “protect votes” or remain around tallying centres, asserting that vote protection is solely the responsibility of the state. This was stated in Kasipul and other constituencies. While framed as a security directive, the statement discouraged civic oversight and limited lawful monitoring of the electoral process and created opportunities for manipulation and intimidation by those with access to state power.

Public Service Cabinet Secretary Geoffrey Ruku actively campaigned for the UDA candidate in Mbeere North, asserting that the constituency had “already decided” on their next MP, Wa Muthende. On election day, Ruku attempted to enter a polling station at Kanyuambora, only to be blocked by residents who accused him of interference. His public endorsement and attempts to physically access polling stations intimidated voters, pressured polling staff, and undermined electoral neutrality.

Embu Governor Cecily Mbarire, in a joint briefing with Ruku on November 26, claimed that opposition forces planned to intimidate voters in UDA strongholds and reassured residents regarding the security of the process. By framing opposition activity as a threat and dismissing credible allegations against the ruling party, the officials used their positions to influence public perception, swaying voters to align with government-preferred candidates.

Mudavadi, the Prime Cabinet Secretary, was not left behind, as he campaigned in Malava, urging voters to elect candidates “trusted by the President” and rewarding losing aspirants, including Simon Kangwana and Rhyan Injendi Malulu, with diplomatic appointments in Uganda and South Africa, respectively. Linking voter choices to presidential approval and future state rewards pressured citizens to vote in alignment with government preferences.

Misuse of state resources

Bribery emerged as the state’s most organised tactic. In virtually all 22 electoral areas, cash handouts were openly distributed during the campaign period by individuals identified by residents as state and county officials, who used government vehicles.

We observed extensive misuse of public resources to benefit candidates of the ruling party. In Baringo County, government ministers ceremonially launched a fiber-optic link and public Wi-Fi sites during the campaign period. While these projects were framed as development initiatives, their timing coinciding with election campaigns was a clear attempt to influence voters.

Similarly, in Mbeere North constituency, there were disturbing allegations that the ruling party’s candidate spent Sh600 million in state funds, deploying military helicopters, Air Force assets, and other government vehicles to support the campaign. As already stated, Cabinet Secretaries and senior county officials actively campaigned using official convoys and state platforms, blurring the line between government and political activity.

Several boda boda riders were paid Sh1,000 each to mobilise voters for the Broad-Based candidates at dawn on November 27. This violated Section 9 of the Election Offences Act, which expressly prohibits bribery before, during, or after voting.

The use of money to determine electoral outcomes undermines the principles set out for electoral systems that are free and fair, as they should be free from improper influence or corruption. It creates an unequal ground, thereby disenfranchising women, yout,h and persons with disability who do not have equal access to opportunities for access to resources to have an equal chance at being elected.

But it was not just about bribery using cash. State-allied individuals were captured on camera in Malava distributing mattresses branded “GOK” (meaning the Government of Kenya) and blankets to elderly voters.

Breaches of ballot secrecy and sovereignty of the vote

There were numerous violations of the secrecy of the ballot. In Mbeere North constituency, voters were openly encouraged to photograph their marked ballots, a tactic used to enforce vote-buying. Across Magarini, Kasipul, Mbeere, and Machakos, super agents, including government-affiliated officers such as CS Ruku, CS Alfred Mutua, and MP Kaluma, were seen visiting polling stations where they were not registered voters. Their presence was a deliberate attempt to influence voter behavior and intimidate polling staff.

On November 26, Murkomen announced the full deployment of security forces in “hotspot” areas. His remarks, coming a day before the ballot, exerted subtle pressure that there would be violence in the so-called “hotspots,” and this had the potential of suppressing voter turnout.

Furthermore, we note that many voters, especially young people, did not turn out to vote as a consequence of the above-mentioned electoral injustices. As a result, overall voter turnout was 20 percent, thus undermining the legitimacy of the process and outcome. 

Institutional failures and weak oversight

The by-elections gave all the worrying signs of lethargy in Kenya’s key electoral and oversight institutions. While we acknowledge that the IEBC fined Aroko and Were Sh1 million each for electoral violence, we are concerned that it failed to rein in the massive voter bribery that occurred in all the electoral areas.

We also note that the IEBC allowed Wa Muthende to run in Mbeere North under the UDA ticket, despite credible allegations of corruption that implicated him in a Sh643 million oxygen plant scandal.  Even though the EACC clarified that it only provided advisory input to the IEBC on Wa Muthende's suitability and did not clear him, it was concerning that it failed to take legal action to block his run for public office, as it had done for other candidates before.

It is incumbent on the IEBC to demonstrate its commitment to ensuring adherence to Constitutional requirements for safeguarding electoral integrity, including vetting of candidates for their eligibility in strict compliance with Chapter Six of the Constitution. IEBC must move with speed and exercise its mandate provided under Article 88 (4) (i) to regulate the amount of money that may be spent by or on behalf of a candidate or party in respect of any election by placing in parliament the necessary legislative amendments and regulations required to effectively implement the Election Campaign Financing Act of 2013.

Moreover, despite evidence of police escorting goons attacking opposition campaign teams and voters during the polling day, the IPOA remained silent on incidents of chaos, intimidation, and violence, while police largely failed to prevent attacks on voters, polling agents, and candidates. These institutional shortcomings enabled violations to occur unchecked, undermining the rule of law.

We are sending a clear warning shot to the political elite ahead of 2027. The violence, bribery networks, and breaches of the sovereignty of the vote demonstrate subversion of the democratic rights of the people of Kenya. Politicians should be aware that Kenyans are closely watching, monitoring, and documenting electoral-related anomalies and violations.

Recommendations

1. The IEBC should admit its failure and apologize to Kenyans for failing to exercise its constitutional mandate in the management of elections. We urge them to conduct immediate, independent, and transparent investigations into all cases of election-related violence, intimidation, voter bribery, and human rights violations, ensuring those responsible are held accountable and issue a guarantee of non-repetition as we move towards 2027.
2. The police should, pursuant to the Constitution, refrain from engaging in executive capture where they either commit or abet violence. The security apparatus must ensure that future electoral security operations fully adhere to human rights standards, with clear identification of officers and the proportional use of force at all times.
3. We call upon IPOA to initiate investigations into the police excesses witnessed during the by-elections.
4. We call for the reinforcement of Chapter 6 of the Constitution to strengthen the vetting of candidates and minimize criminal and unethical conduct during elections.
5. We demand full implementation of the Campaign Financing Act to streamline the use of illicit money and public resources during campaigns.
6. Map out potential hotspots of electoral violence and voter manipulation ahead of the 2027 General Election, enabling targeted prevention and protection measures.

7. Implement voter confidence-building measures, including public information campaigns, engagement with communities, and reassurance of safe voting environments, to encourage higher participation in future.
8. Provide regular public updates on investigations to promote transparency and restore public confidence in electoral integrity.

Elections should be a safe, dignified, and free expression of the people’s will, not a trigger for fear, violence, or coercion. We urge all stakeholders to take proactive measures to safeguard Kenya’s democracy and protect the rights and lives of all voters.

Signed by:

1. Independent Medico-Legal Unit
2. Inuka Kenya Ni Sisi!
3. Kenya Human Rights Commission
4. Siasa Place
5. Transparency International Kenya

Fellow East Africans, 

We stand here as East African Citizens, mandated by the fact that Jumuiya ni yetu. We continue to witness human rights violations and the degradation of democracy across the region, and as citizens of Jumuiya, we stand as one.  We stand here, grounded in our East African identity, as members of the East African Community. Boarders will not limit our brotherhood and sisterhood. The tragic occurrences we are witnessing in Tanzania go against the very principles that underpin the East African community. We stand here to state that injustice anywhere is a threat to justice everywhere.

Contrary to rumours circulating, no elections are happening in Tanzania tomorrow. As all international media companies have been barred from entering Tanzania, and many local licenses have been withdrawn, we raise our voices on behalf of Jumuiya, our Tanzanian comrades, and the people of East Africa. Tanzanians have spoken by stating, “On our part, we haven't even described it as an election. As for an election to be free and fair, there must, at least, be a competitive election. This is not an election. Ni maigizo. (drama)” - J.K. Tanzania

There are no free and fair elections happening in Tanzania. Samia Suluhu is preparing for her coronation, as her only opposition is her very own shadow. All of her main opposition candidates have either been detained or barred from participation by the Independent National Electoral Commission (INEC).

The country has been reeling over a silent epidemic of enforced disappearances of dissenting voices, regular abductions, arbitrary detention, torture, rape, extrajudicial killings, and judicial harassment. These atrocities and crimes against humanity are primarily against perceived opponents of the current regime and many people who rally against electoral malpractice. 

ELIMINATION OF OPPOSITION AND HUMAN RIGHTS ATROCITIES

The violations have particularly targeted the CHADEMA, the leading opposition party in Tanzania, as well as extending to religious institutions, leaders, activists, influencers, and vocal citizens of all backgrounds. There have been over 250 reported and documented cases of enforced disappearances, with the majority of victims never to be seen again, or their lifeless bodies found months later. This report is available in both Swahili and English. 

Additionally, Tanzania has scaled its police force in what appears to be preparation for a war against its citizens, rather than an election. Over the past three weeks, more than 55 people have been forcibly disappeared, tortured, murdered, and held incommunicado. According to a recent report by Amnesty International, repression in Tanzania has intensified. Amnesty has also referred to Tanzania’s situation under Suluhu and the forthcoming elections as unopposed, unchecked, and unjust. The report, titled “Wave of Terror Sweeps Across Tanzania,” is linked here within.

There has been a violent arrest of CHADEMA’s party leader, Tundu Lissu, and main competitor to Suluhu, and an arraignment over frivolous treason charges for merely demanding reforms before elections. His arrest and trumped-up charges, and the regime's overreach, marked a further escalation of civil liberties. CHADEMA was subsequently banned from participating in the election for demanding changes in the electoral code and was further prohibited from conducting any political activity. 

Officials of CHADEMA and civilians alike have been arrested arbitrarily, detained, assaulted, generally harassed, and barred from attending the sham trial of Lissu, which by Tanzanian law is a public trial. Shaban Moyo, Felisuts Festo, Dr Fred Chacha Hatari, among others, share their direct experiences, with photo evidence as to the torture they endured in the hands of Tanzanian authorities, here.

We all remember that a team of six observers from Kenya was prevented from entering Tanzania while on a mission to observe the sham Lissu Trial. They were temporarily detained and deported back to Nairobi without any valid reason, contrary to the provisions of the East African treaty. Two of the observers, Boniface Mwangi of Kenya and Agather Atuhaire of Uganda, were violently abducted, arbitrarily detained, tortured, raped, and subjected to other forms of cruel, inhumane, and degrading treatment while in Tanzanian custody.

Still, John Heche, CHADEMA’s national vice-chairperson, was denied entry into Kenya to attend Raila Odinga’s funeral, with his passport confiscated by authorities while still on the Kenyan side of the border—an act carried out with total impunity. Soon after, he was abducted outside the High Court of Tanzania, in blatant disregard of the laws governing arrests. These actions reflect a pattern of lawlessness and political persecution carried out with complete impunity. Unofficial and unlawful travel restrictions have been imposed on almost every CHADEMA leader and any government critic.

TARGETING OF RELIGIOUS INSTITUTIONS AND LEADERS

Repression has also extended to religious institutions and leaders speaking out against human rights abuses. On June 2 of this year, the Suluhu regime deregistered the Ufufuo na Uzima (the Glory of Christ) Church in Tanzania, led by outspoken Bishop Dr. Josephat Gwajima, who is well-known for his outspoken criticism of bad governance and human rights abuses in Tanzania, as well as his calls for accountability. The regime falsely and maliciously accused the church of violating the Societies Act. 

The church was deregistered a few days after calling for an end to abductions and enforced disappearances in Tanzania. The deregistration has restricted the freedom of worship of thousands of Ufufuo na Uzima congregants. Bishop Dr. Benson Bagonza of the Evangelical Lutheran Church in Tanzania (ELCT), Karagwe Diocese, has also publicly stated that he fears for his life after receiving credible threats from individuals known as “wasiojulikana” (a term meaning “unknown assailants” or “people who are unknown”, used to refer to unknown political abductors and enforcers, mainly working for, and at the behest of the regime).

On March 16, 2025, a televangelist, Stephen Gumbo, was violently abducted from his home in Muriet, Arusha, by two gunmen who introduced themselves as police officers. He was later picked up at the Kilimanjaro West forest, some 200 kilometers away, having been badly injured, tortured, and brutalized by the gunmen who accused him of “defaming” national leaders in his sermons. In a similar vein, Bishop Machumu Kadatu, alias Mwanamapinduzi, also of the Ufufuo na Uzima Church, had to flee the country after being targeted for disappearance and torture. Bishop Dickson Kabigumila is the latest to flee the country, fearing for his life, after receiving numerous threats.

A while back, on September 6, 2024, Ali Mohammed Kibao, a 69-year-old senior CHADEMA party official, was abducted from a bus in Dar es Salaam. He was reported missing for several hours before his body was discovered near the shores of the Indian Ocean the next morning. Kibao had been brutally murdered, with his face disfigured with acid, indicating apparent torture. There has been no visible progress on the investigation into Kibao’s death to date.

Following Ali Kibao’s gruesome murder, there have been multiple abductions, arrests, and torture, including through rape and other forms of sexual violence, of CHADEMA officials, their supporters, and other Tanzanians who express different views or challenge Suluhu’s repressive regime. In May 2025, Mdude Nyangali, a journalist and author, was abducted by armed men believed to be security operatives. His abduction was reportedly brutal, with scenes awash with trails of blood along the path where he was dragged. Since his abduction and despite calls, protests, and legal efforts,  Nyangali is still missing. Similarly, a former Tanzanian ambassador and outspoken critic of the Suluhu regime, Humphrey Polepole, was abducted in a bloody scene. He is still missing.

These attacks are part of a broader trend of violence and intimidation against outspoken critics of the Tanzanian regime, including church leaders, and constitute violations of freedom of religion (protected in Article 18 of the ICCPR) and freedom of expression of religious leaders (protected in Article 19 of the ICCPR).

RESTRICTION OF MEDIA AND ONLINE FREEDOMS

A series of laws and non-legal mechanisms have been employed to criminalize dissent, censor the media, and control digital spaces. Media and digital censorship remained pervasive during the period as journalists and online content creators continued to face arrests, bans, and surveillance. All international media bodies have been denied entry into Tanzania. There are many more examples of the suppressive regulations being passed in Tanzania available through this complimentary report.

LACK OF CREDIBLE ELECTION OBSERVATIONS

No credible observation mission is currently in Tanzania. Belgium, Sweden, Germany, and Ireland have all withdrawn from the elections. The US is monitoring the situation, although it is not providing any official observers. The EU Delegation has no proper observation and only maintains the diplomatic tradition of ‘DiploWatch’. The United Nations Development Programme (UNDP) is not participating at this time. 

The African Union Commission has officially announced the arrival of the African Union Election Observation Mission (AUEOM) for the sham poll, despite the ongoing human rights crisis and concerns about the fairness of the elections. On October 24, Dr. Speciosa Kazibwe stated, “As a community founded on the principles of good governance, the rule of law, and respect for human rights, the EAC regards credible elections as the cornerstone of democracy and regional integration.” It is clear that those who choose to recognize the Tanzanian elections are turning a blind eye to the realities of human rights violations, which bar the opposition from participation. Tanzanians have called for a protest, exercising their constitutional rights, in light of the unfair elections that Suluhu plans to proceed with. 

NO REFORMS, THEREFORE, NO ELECTIONS

The so-called “election” in Tanzania is a sham. The outcome was fixed the moment Suluhu strangled all opposition, silenced the media, and shut down political space. Most credible international observers have pulled out because, what, exactly, is there to observe in a coronation?

Africans are rightfully outraged that the African Union, an institution meant to defend human rights, democracy, and the rule of law, has chosen silence over principle. It increasingly resembles a club of presidents shielding each other rather than protecting the people they claim to serve. The same betrayal is evident in SADC and the EAC. We are coming to the defense of Tanzanians and hereby give notice to Tanzania and all authoritarian regimes in the rest of East Africa and Africa. As despots regroup to oppress citizens, we, as the citizens, are similarly regrouping to reclaim our countries and our inherent freedoms. Aluta continua! 

Signed

• #JumuiyaNiYetu
• Pan-African Progressive Leaders Network
• Vocal Africa
• Kenya Human Rights Commission (KHRC)
• PAWA 254

This people’s state of the nation report is issued as an assertion of the sovereignty of Kenyans, which the Constitution affirms belongs to them.

By law, the president must deliver an annual state of the nation address, accounting for the government’s commitment to national values, principles of good governance, and international obligations. But for the past three years, those addresses have largely whitewashed failure, glorified corruption, and erased the blood and pain of victims of state violence.

This report pushes back. It is the people’s counter-account, a parallel record that strips away spin and tells the truth about the Kenya Kwanza regime. And three years in, the verdict is out, as Kenyans stare at a regime that has consistently violated the Constitution, trampled on the rule of law, and presided over unprecedented economic and social decline.

President William Ruto's promise of a people-centred “hustler” government has instead hardened into authoritarianism marked by state violence, systemic corruption, and captured institutions. What began with a symbolic break from his predecessor, appointing 46 judges and boosting the Judiciary’s budget, quickly turned into a sustained assault on the very institutions that anchor democracy.

Independent bodies created under the Constitution to safeguard rights and check executive power have been manipulated, silenced, starved, or co-opted. Parliament has been reduced to an appendage of the State House. The Judiciary has been battered by open contempt and deliberate defiance. The Office of the Director of Public Prosecutions has been converted into a blunt weapon for persecuting dissenters while shielding the president’s allies. Other oversight institutions have either been neutered or hijacked.

The result is a captured state.

Rule of law undermined

The three years of Kenya Kwanza regime has been marked by deliberate disobedience of court orders and unconstitutional creations of offices and bodies. After assuming office in September 2022, Ruto appeared progressive by appointing judges long blocked by former president Uhuru Kenyatta and raising the Judiciary’s budget to Sh22 billion from Sh17 billion. But the honeymoon ended almost immediately.

The regime branded judicial officers as “cartels” for daring to stop its unconstitutional policies. It trashed a High Court conservatory order barring the gazettement of seven IEBC commissioners and bullied 34 state agencies into migrating to the e-Citizen platform despite an order halting the move for lack of public participation.

When courts restrained police from using excessive force on protesters, the regime defied the orders, with Ruto telling police to “shoot them in the leg.” Security forces unleashed unprecedented terror, killing and maiming protesters. In July 2023 alone, 51 people were gunned down within five days during demonstrations against tax hikes, marking one of the darkest moments since the 2010 Constitution.

The regime doubled down and Ruto openly declared that “no courts of law will stand in my way.” He ordered the continuation of road construction in Ndonyo-Njeru-Ithe despite a court injunction, for instance. His creation of the Panel of Experts on Protest Victim Compensation and a multi-agency anti-corruption team have been stopped by courts, and the formation of the National Taskforce on Police Reforms has seen some of its mandates struck down as unconstitutional.

Equally alarming is the regime's capture of Parliament. By buying off opposition MPs, Ruto secured a supermajority in both Houses and rammed through punitive legislation. The Affordable Housing Levy and the 2023 and 2024 Finance Bills, all deeply unpopular, passed despite public uproar. The Assembly and Demonstration Bill (2024) by Geoffery Ruku, a Ruto ally who was later brought to the cabinet, sought to curtail freedom of expression, assembly, and protest. 

The proposed Public Order (Amendment) Bill, 2025, by another ally, Nairobi Women representative Esther Passaris, aimed to ban gatherings near parliament, courts, and State House. Nandi Senator Samson Cherargei, elected on a UDA party, went further, seeking to amend Article 136 to extend the presidential term, including of other elective offices, from five to seven years, in a move that will entrench authoritarian rule.

Lawfare, compromised ODPP

Perhaps no institution illustrates the perversion of constitutional safeguards more deeply than the ODPP. Established under Article 157 of the Constitution to ensure impartial justice, the ODPP has instead been weaponized into an arm of the executive.

Under this regime, the ODPP has dropped corruption charges against Ruto allies while zealously prosecuting critics of the state. Friends of Ruto such as the Senior Advisor on Fiscal Affairs and Budget Policy, Henry Rotich, Cooperatives and MSMEs CS, Wycliffe Oparanya, and former CS Aisha Jumwa have all benefited from selective withdrawals of graft cases. 

Meanwhile, ordinary Kenyans exercising their right to protest have faced trumped-up charges. At least 75 demonstrators have been charged with terrorism, while over 450 face serious criminal counts, among them minors as young as 15, according to the 50+ Million Kenyans Campaign.

This double standard has gutted public faith in the ODPP, which, instead of defending the Constitution, the office has become an enforcer of executive power, criminalizing dissent while sanitizing the corrupt.

Oversight institutions attacked or coopted

The Kenya Kwanza regime has systemically weakened independent commissions and offices. The Kenya National Commission on Human Rights has been muted through deliberate underfunding and political interference.

The Independent Policing Oversight Authority, tasked with ensuring police accountability, has recorded cases of killings and torture but has failed to secure justice for victims of state-led violence that happened under Ruto’s watch. At least 246 people have been killed by police since the regime took office, but accountability remains elusive.

Among the independent offices, the Controller of Budget has been systematically undermined. Though mandated to oversee public expenditure, the CoB’s reports flagging unconstitutional withdrawals and mismanagement of funds have been ignored or met with executive hostility. The Office of the Auditor-General continues to produce damning audit reports that expose theft of public resources across ministries and parastatals. But parliament has consistently shelved these findings, as the executive weaponized them. 

These watchdogs have been defanged.

Kenya is repressed

While the Kenya Kwanza regime operationalized the long-delayed Public Benefits Organizations Act in 2024, the move was overshadowed by aggressive attacks on civic freedoms. CIVICUS Monitor now rates Kenya “repressed”, the second worst rating a country can receive, indicating severe restrictions to the freedoms of expression, peaceful assembly, and association

Arbitrary arrests, abductions, and killings of activists, lawyers, journalists, and content creators have become common. Between 2023 and 2025, over 246 people were killed by police. However, we caution that the actual numbers are far higher, as the regime has deliberately concealed and tampered with evidence to mask the true scale of its abuses.

The years 2023 and 2024 marked one of the darkest chapters. There were over 118 police killings in 2023, and the majority occurred during protests over the high cost of living. Shockingly, 51 of these killings occurred within just five days in July 2023, when Kenyans took to the streets against tax hikes and economic hardship. These deaths were the most extreme outcomes of 296 torture and torture-related violations. 

The violence persisted into 2024, as Gen Z-led protests demanding accountability and better governance were met with brutal state repression. At least 63 people were killed, more than 601 injured, 1,765 arbitrarily arrested, and 82 forcibly disappeared. Police also issued 20 unlawful summonses in connection to the demonstrations.

By September 2025, the crisis showed no signs of abating. Sixty-five more deaths, over 500 injuries, 355 unlawful arrests, three enforced disappearances, and 19 unlawful summonses had already been documented. 

The ODPP emerged as a willing enforcer of the regime’s authoritarian playbook. Instead of prosecuting perpetrators of state violence, the ODPP turned its fire on the victims, filing anti-terrorism charges against 75 protesters and slapping serious criminal counts on 450 others. Among those targeted were at least 10 minors, some as young as 15, alongside older citizens, including a 61-year-old. 

Civil society organizations have also been targeted. In 2024, the regime accused Ford Foundation and 16 NGOs—including the Kenya Human Rights Commission, Transparency International Kenya, and The Institute for Social Accountability—of attempting to destabilize the country for supporting the right to protest. Regulators and security agencies were unleashed on them until the courts intervened.

The Communications Authority of Kenya aided censorship. In June 2025, it raided broadcast stations and disrupted signals of NTV, KTN, and Citizen TV to suppress live coverage of protests, in open violation of Article 34 of the Constitution.

Evictions surged

The regime has presided over mass evictions without due process or alternative housing plans. Between March and April 2024, at least 6,000 households in Mathare and Mukuru were demolished amid heavy rains and flooding. Over 100,000 people in Trans Nzoia were also evicted in February that year. By mid-2025, another 127,000 people in Nairobi faced imminent displacement from riparian zones after a cabinet directive of April 30, 2024, ordered “voluntary evacuation” or “forcible relocation.”

The flagship promise of 250,000 housing units annually has collapsed. Only 103,000 units have been completed in three years, against a target of 750,000.

Healthcare has also suffered. The transition from National Health Insurance Fund to the Social Health Insurance Fund was marred by a Sh104.8 billion digital system procurement scandal, where the regime does not even own the technology. Meanwhile, doctors and nurses have staged repeated strikes over unpaid salaries and poor working conditions.

Education funding has stagnated. Government capitation for secondary school students has remained unchanged since 2018, despite inflation. The Kenya Secondary Schools Heads Association estimates a Sh117 billion shortfall in four years.

Corruption, integrity in tatters

The Kenya Kwanza regime is drenched in corruption. Kenya scored 32 out of 100 in Transparency International’s 2024 Corruption Perceptions Index, ranking 121st globally.

Scandals under Ruto’s watch include the reported loss of Sh6.6 billion through the importation of edible oil via the Kenya National Trading Corporation, Sh3.7 billion through mosquito net procurement irregularities at KEMSA, Sh3.5 billion through the fake fertilizer programme, Sh24 billion through fraudulent claims at the Social Health Authority, 791.4 million siphoned from the National Youth Service, as well as Sh550 million from the Kenya Pipeline Company, among others.

Our demands

To reverse this decline and place the country back on a constitutional path, members of the civil society organizations make the following demands:

1. The President and all arms of government must respect the Constitution and obey court orders without exception.
2. Parliament must reclaim its independence and stop functioning as an appendage of the executive. MPs and Senators must prioritize the will of the people over political patronage, and immediately withdraw retrogressive bills that seek to limit freedoms or extend presidential terms.
3. The ODPP must cease being a tool of lawfare. The office must end the persecution of protesters and state critics, and reinstate corruption cases against allies of the regime. We demand an immediate audit of prosecutorial decisions made since September 2022 to restore credibility in the justice system.
4. Independent commissions and offices must be adequately funded, insulated from political interference, and empowered to perform their mandates.
5. The regime must stop the assault on civic space. Arbitrary arrests, enforced disappearances, media censorship, and harassment of civil society organizations must cease.
6. There must be justice for victims of state violence. Every killing, every disappearance, and every case of torture since September 2022 must be investigated independently, and perpetrators, whether police officers or their commanders, must be held accountable.
7. The Office of the Auditor-General should undertake special audits of all Kenya Kwanza flagship initiatives, including the Affordable Housing programme, Hustler Fund, and health funds under the Social Health Authority. These audits must extend to tenders issued under these schemes and expose the beneficial owners of the companies awarded contracts.

Signed

ARTICLE 19 Eastern Africa | Independent Medico-Legal Unit (IMLU) | Inuka Kenya Ni Sisi! | Kenya Human Rights Commission (KHRC) | Haki Yetu Organization | PEN Kenya | Defenders Coalition | CRECO | Initiative for Inclusive Empowerment (IIE) | Muslims for Human Rights (MUHURI) | Center for Enhancing Democracy and Good Governance (CEDGG) | Kituo cha Sheria | The Institute for Social Accountability (TISA) | Midrift Hurinet | InformAction | Transparency International Kenya (TI Kenya) 

Three years into Kenya Kwanza's regime, the country faces a constitutional and human rights crisis marked by state violence, corruption, and institutional capture. The promise of a people-centred “hustler” government has collapsed into authoritarian rule that undermines democracy and endangers citizens.

Despite initial gestures of reform, the regime has consistently defied court orders and created unconstitutional offices and bodies. The President branded judicial officers as “cartels” and openly declared that no courts of law would stand on his way. Courts halted unconstitutional actions like the gazettement of seven IEBC commissioners, and demanded the disclosure of debt contracts, but the regime blatantly ignored these orders.

Parliament has been reduced to a clearing house of the State House, passing punitive laws such as the Affordable Housing Levy and retrogressive Finance Bills, despite public opposition. Attempts to extend presidential terms and restrict freedom of assembly further entrench authoritarianism.

The Office of the Director of Public Prosecutions has been converted into a political weapon. Corruption cases against William Ruto’s allies, including Henry Rotich, Wycliffe Oparanya, and Aisha Jumwa, have been dropped, while ordinary Kenyans have faced trumped-up charges for exercising their right to protest. At least 75 protesters face trumped-up terrorism charges and over 450 others, including minors, face serious criminal charges, which are false.

Since 2022, state security forces have unleashed deadly violence on citizens. At least 246 people have been killed by police under the Kenya Kwanza regime’s watch. However, we caution that the actual numbers are far higher, as the regime has deliberately concealed and tampered with evidence to mask the true scale of its abuses. In July 2023, 51 protesters were gunned down within five days during demonstrations against tax hikes, bringing the total fatalities caused by police force that year to 118.

In 2024, Gen Z-led protests left at least 63 people dead, 601 injured, 1,765 arbitrarily arrested, and 82 forcibly disappeared. By September 2025, 65 more deaths, 355 unlawful arrests, and three disappearances had already been documented.

Human rights defenders and organizations continue to face reprisals designed to intimidate and curtail their agency, despite repeated commitments by the regime to uphold the rule of law and protect civic space for citizen participation in governance.

The Communications Authority of Kenya further aided censorship by disrupting live TV coverage of protests, while civil society and international donors were harassed for supporting the right to protest.

All these violations have made CIVICUS Monitor rate Kenya “repressed”, the second worst rating a country can receive, indicating severe restrictions to the freedoms of expression, peaceful assembly, and association.

The Kenya Kwanza regime has also ballooned public debt by Sh2.9 trillion — from Sh8.6 trillion in June 2022 to Sh11.8 trillion by June 2025. According to reports from the Controller of Budget, part of these funds has been squandered on lavish domestic and foreign travel. Without such wasteful borrowing, Kenya could comfortably finance education and health. Still, the development budget in all the three years has consistently been less than 10 percent, despite the constitutional provisions for at least 30 percent.

Additionally, the regime has also been plagued by grand corruption scandals, including, Sh6.6 billion, reportedly lost in edible oil imports, Sh3.7 billion in irregular Malaria nets procurement at KEMSA, Sh3.5 billion through the fake fertilizer programme, and hundreds of millions lost through National Youth Service and Kenya Pipeline Company. Consequently, Kenya’s global standing plummeted, with a Transparency International 2024 score of 32 out of 100, ranking 121st worldwide.

Despite this tragic situation, we are greatly encouraged by increased citizen vigilance, the valour of our young people in defence of the Constitution, and the successful court decisions. To restore constitutional order and safeguard Kenyans’ rights, members of the civil society organizations demand:

1. Immediate respect for the Constitution, the rule of law, obedience to court orders.
2. Parliament asserts its independence and withdrawal of retrogressive bills, including the Assembly and Demonstration Bill (2024), which seeks to curtail freedom of expression, assembly, and protest, and the Constitution of Kenya (Amendment) Bill of 2024, which wants to extend the presidential term from five to seven years.
3. An end to ODPP’s role as a political weapon, and reinstatement of dropped graft cases.
4. There must be financial, political, and operational independence of constitutional bodies to protect rights and fundamental freedoms.
5. Protection of civic space, including free media and the right to protest, as well as independent investigations into all cases of killings, disappearances, and torture since September 2022, with accountability for perpetrators, per the UN mechanisms.
6. The Office of the Auditor-General should conduct special audits on all initiatives by the Kenya Kwanza regime, such as the Affordable Housing, Hustler Fund, health funds under SHA. There must also be audits of tenders issued under these initiatives and beneficial owners of companies contracted. Additionally, the EACC must initiate independent investigations into repeated claims of conflict of interest and theft of funds in corruption scandals exposed under this regime.

Signed

ARTICLE 19 Eastern Africa | Independent Medico-Legal Unit (IMLU) | Inuka Kenya Ni Sisi! | Kenya Human Rights Commission (KHRC) | Haki Yetu Organization | PEN Kenya | Defenders Coalition | CRECO | Initiative for Inclusive Empowerment (IIE) | Muslims for Human Rights (MUHURI) | Center for Enhancing Democracy and Good Governance (CEDGG) | Kituo cha Sheria | The Institute for Social Accountability (TISA) | Midrift Hurinet | InformAction | Transparency International Kenya (TI Kenya) 

Editor's note: Read the report here.

Eleven organizations and networks [1] have released a new report, Lives on the Line, documenting more than 2,100 cases of violence, harassment, and discrimination against sexual and gender minorities (SGMs) in Kenya between October 2023 and September 2024.

The report records 682 cases of harassment, 440 physical assaults, 91 sexual assaults, and 102 evictions. Nairobi, Thika, Machakos, and the Coast emerged as the most affected areas, accounting for more than 80 percent of the incidents.

Transgender persons reported the highest number of violations at 708 cases, representing nearly a third of all documented abuses. The report notes that most perpetrators were people known to the survivors, including intimate partners, family members, clients, and service providers.

The findings directly challenge a 2019 High Court ruling that dismissed claims of violence against LGBTIQ+ persons due to a lack of evidence, the report says. “The data shows persistent abuse that cannot be ignored. This calls for urgent action to uphold constitutional guarantees of equality and dignity,” the report adds.

The report further warns of the role of negative media narratives and inflammatory rhetoric in fueling hostility, linking more than 300 violations to media-driven stigma and misinformation.

The organizations and networks are calling on the government to repeal discriminatory provisions in the Penal Code, reject laws that criminalize LGBTIQ+ identities, strengthen safe reporting mechanisms for hate crimes, and provide training for police, health workers, and judicial officers.

“Lives are literally on the line, and society can no longer turn a blind eye,” Adrian Kibe of KHRC said during the launch.

[1] Kenya Human Rights Commission (KHRC), Coast Sex Worker Alliance, Dream Achievers Youth Organization (DAYO), galck+, Hope Rekindled, Kenya Sex Workers Alliance, LEHA, National Trans Advocacy Network, Jinsiangu, Rural to Global, and the Western Situation Room Kenya

This year, CIVICUS downgraded Kenya’s civic space rating from “obstructed” to “repressed.” This follows rampant human rights abuse by state agents.

Our country is bleeding. Kenyans are dying in hospitals due to the collapse of healthcare services, exacerbated by the disastrous Social Health Authority scam.

In universities, students are suffering under a deliberately broken funding model. Schools face chronic delays in receiving capitation funds. One by one, the pillars of our nation are crumbling.

At the international level, Kenya’s diplomatic standing lies in tatters. Our image across Africa and globally is stained. The William Ruto regime and its destructive policies drive our nation into despair.

According to InfoTrak, 83 per cent of Kenyans believe the country is headed in the wrong direction, with 69 per cent directly blaming Ruto. As of December last year, his approval rating had plummeted to just 19 per cent.

Since January this year, the situation has only worsened. The regime has intensified its crackdown on dissent, even targeting schoolchildren for performing a play that challenged the state on accountability and governance.

Violence

• Security excesses

Between January and September 2023, Independent Medico-Legal Unit documented 228 cases of police torture, 67 cases of extra judicial killings and one case of enforced disappearance.

According to the Kenya National Commission on Human Rights, police killed 63 people and injured 610 others during the Gen-Z- protests between June and November 2024. KNCHR also reported that 1,376 protesters were arbitrarily arrested, and 74 individuals forcibly disappeared. As of today, 26 people who disappeared are still missing, and the culprits are yet to be held to account.

However, data from Human Rights Watch, Kenya Human Rights Commission, and IMLU shows the numbers of those killed, disappeared, and arbitrary arrested could be higher. For instance, IMLU report shows 89 cases of enforced disappearances during this period. We are conducting more research into these abuses.

The units responsible for these atrocities, according to HRW, were allegedly drawn from the Directorate of Criminal Investigation, supported by the Rapid Deployment Unit under the Administration Police, military intelligence, the Anti-Terrorism Police Unit and the National Intelligence Service.

In December 2024, police arrested 10 protesters during the anti-femicide march, and many others were subjected to excessive force, resulting in unwarranted injuries and further undermining their right to peaceful assembly.

December 2024 marked a chilling escalation in state repression across Kenya. From the cancellation of the Mathare Reggae Festival due to police intimidation, targeted teargas attacks on opposition figures and the abduction of citizens over AI-generated satirical images of President Ruto, the regime intensified its crackdown on dissent.

Peaceful protesters were met with arbitrary arrests and legal harassment. At the same time, even sacred spaces like churches were not spared; police stormed a Nyandarua church and teargassed worshippers on New Year’s Eve.

Cross-border violations have also increased. Kenya is becoming a hub for politically motivated abductions of foreigners, including Tanzanian activist Maria Sarungi Tsehai, Ugandan opposition leader Kizza Besigye, and others from South Sudan, Ethiopia, Turkey, and Uganda. Thirty-six Ugandans were abducted in Kisumu alone.

The recent injury and intimidation of journalists reporting on the incidents at the National Drama Festivals in Nakuru further exposes a growing culture of state repression that must be urgently addressed. Additionally, the teargassing of students from Butere Girls High School by police is a stark reminder of a longstanding and deeply troubling pattern of brutality against children in Kenya.

We demand that:

1. There must be an urgent, impartial investigation into all cases of enforced disappearances, police killings, and abductions of protesters and critics of the regime. Those found culpable, including high-level command, must be held accountable for their crimes. This regime must immediately cease the politicization of security agencies and disband elite police units involved in unlawful operations.
2. The government must launch an independent investigation into the cross-border abductions of refugees, and political and foreign activists. It must adhere to international treaties on asylum, non-refoulement, and transnational justice, and suspend or sever security cooperation with countries implicated in rights abuses.

• Political violence

Activation of political goons to disrupt has taken root, and there has been near-zero accountability from the government. The targets have mostly been anti-government critics.

As we move towards the 2027 general election, there is a worrying trend of emerging political intolerance and the use of outlawed gangs. It happened in Limuru on March 20 when goons invaded a traders’ meeting that aimed to stop excessive levies from the county government of Kiambu. It also happened during William Ruto’s rallies in Nairobi in early March, when Kenyans were robbed and attacked by armed gangs. Former Deputy President Rigathi Gachagua has also had his meetings disrupted by hired goons. The same fate has befallen many political and burial events nationwide.

These trends highlight the systemic misuse of force and lack of accountability in law enforcement. The use of non-lethal weapons by security operators during protests, including tear gas, water cannons, and batons, has been enhanced. It remains unclear what guidelines the police use to acquire the said weapons and whether they are up to international standards. No law exists in Kenya, and there has been no attempt to regulate the use of these non-lethal weapons.

We demand that the government:

1. Disband and prosecute all outlawed gangs and political goon squads used to disrupt public events, protests, and political gatherings.
2. Hold political leaders and their allies accountable for inciting, financing, or enabling political violence and thuggery.
3. Ensure police independence and neutrality ahead of the 2027 general election.
4. Guarantee protection of civic and political space: all Kenyans must be free to assemble, associate, and express dissent without fear.

• Femicide and gender-based violence are spiraling out of control

Between January and March this year, 129 women were murdered, according to the National Police Service and National Crime Research Center, which was released on April 9, 2025. In 2024, 579 femicide deaths were recorded.

 This crisis is a state’s failure to protect women and prosecute perpetrators. Law enforcement remains complicit, either through inaction, blaming victims, or outright collusion with abusers. Informal settlements and rural communities are especially vulnerable. The government has set up a task force to address femicide and GBV.

Under the international law and Kenya’s Constitution, the state has a duty to prevent gender-based violence, protect victims, investigate crimes, and hold perpetrators accountable. Yet, the police frequently neglect or mishandle cases. Despite laws like the Sexual Offences Act and the Protection Against Domestic Violence Act, enforcement remains weak

We demand that:

1. Femicide must be included as a distinct offence under the Penal Code to ensure legal clarity and strengthen judicial response to gender-based killings.
2. There need to be dedicated funds allocated for forensic investigations and training on preservation of evidence for police officers.
3. A dedicated prosecutorial unit for GBV must be created to fast-track cases, minimize delays, and reduce opportunities for corruption.
4. The National Police Service must publish regular femicide case reports, including statistics on reports, investigations, arrests, and convictions, to improve accountability and transparency.
5. The government must provide trauma counseling services at every police station for GBV survivors. It must also offer mental health support to law enforcement officers who face secondary trauma from handling such cases, to avoid burnout and improve how the cases are handled.

Social-economic rights

• The education sector is collapsing

Every tier of Kenya’s education system—from ECDE to universities—is under strain. Devolved functions of education are underfunded, understaffed, and ill-equipped. At the national level, basic education is plagued by curriculum confusion, deteriorating infrastructure, and chronic underfunding.

TVETs and universities are especially hard hit, with outdated equipment and teaching technology, bloated debts, poor governance and mismanagement due to state interference. The new university funding model has left students stranded and institutions unable to function effectively.

Despite a court order declaring the new university funding model unconstitutional, the Executive is hell-bent on implementing it. Still, despite Education CS’s declaration, certificate withholding continues to be unabated.

We demand the following:

1. The government must establish a comprehensive national education support fund to ensure no child is left behind, especially those from low-income families, marginalized communities, and persons with disabilities. The fund should cover tuition, learning materials, uniforms, and other essential expenses to dismantle economic barriers to education.
2. The government must invest in continuous professional development for teachers, set and enforce national quality standards across all levels of education, and standardize school infrastructure and upgrade learning environments nationwide.
3. The Teachers Service Commission must retain its constitutional functions without political interference. State House and Members of Parliament must cease the illegal issuance of appointment and promotion letters to teachers, which undermines meritocracy and destabilizes the sector.
4. All education policies and practices must align with the national values and constitutional rights, including free and compulsory basic education for every child, and access to education and training for everyone.

• Health

Despite health being a key pillar of any nation’s stability and development, Kenya’s public health system has effectively collapsed. The transition from the National Health Insurance Fund to the Social Health Authority, while packaged as a path to Universal Health Coverage, has instead created confusion, exclusion, and coercion.

According to the Ministry of Health, over 19 million Kenyans have been registered, yet fewer than four million actively contribute, most of them in formal employment. The rest, particularly the poor and informal workers, are being pushed into a system they neither understand nor benefit from.

A GeoPoll survey (2025) shows that 75 per cent of Kenyans believe the SHA is riddled with corruption and mismanagement, and only 27 per cent clearly understand how it functions.

We demand the government must:

1. Audit and overhaul the NHIF-to-SHIF transition to ensure transparency and functionality.
2. Clear pending bills owed to private service providers and accelerate disbursement of funds.
3. Protect the right to health by ensuring universal, accessible, and quality healthcare for all.

• Housing

The Business Laws (Amendment) Bill is currently in the public participation stage before the Senate. Among its proposals are amendments to Sections 90 and 96 of the Land Act that aim to reduce the period between loan default and foreclosure from 90 days to 45 days and to cut foreclosure notice from 40 days to 20 days for beneficiaries of the Affordable Housing programme.

Why does this matter? The intended beneficiaries are low-income Kenyans, some of whom have already vacated informal shelters to make way for these projects and have been promised the first right of purchase. Instead of receiving legal protection, they now risk being stripped of their homes more swiftly.

Shouldn’t the law offer greater safeguards for the vulnerable, not fewer? Who stands to benefit from fast-tracking the eviction of the poor? Is there a predatory interest waiting in the wings, eager to pounce on those struggling to pay? Kenyans have until April 22, 2025, to submit memoranda to the Senate opposing these amendments. Let your voice be heard.

Numerous judicial pronouncements have also argued that people should be compensated and given alternative housing. However, people have been given eviction orders in informal settlements in Nairobi and Mombasa.

We demand the government to:

1. Withdraw the proposed amendments to Sections 90 and 96 of the Land Act that reduce foreclosure notice periods.
2. Enforce judicial pronouncements that require compensation, adequate notice, and alternative housing before any evictions.
3. Suspend all evictions in informal settlements until legal and humane processes are followed.

• Land rights

Despite heavy investment in digitising land records, service delivery is still poor. According to the Commission on Administrative Justice, service delays at Land Registry across the country remain the most serious bottleneck, with some complaints taking years to resolve. While 263 cases were addressed within three years, 119 dragged on for four to 15 years, eight cases took up to 25 years, and two remained unresolved for over 25 years.

We demand the government to:

1. Ensure immediate, unconditional issuance of title deeds to rightful landowners.
2. Fix the broken digitized land system and establish accountability for delays and inefficiency in land registries.
3. Resolve all pending land cases with urgency, especially those delayed for over a decade.

Freedom of association, assembly and expression

Despite operationalizing the PBO Act on May 14, 2024, the government has yet to adopt the regulations to facilitate its implementation. Implementation now relies solely on development partners and civil society organizations. Alarmingly, 2,802 PBOs were deregistered in a show of hostility to independent organizing.

Legislative threats continue to loom.  The Assemblies and Demonstration Bill is expected to pass in 2025 in its current repressive form. The Whistleblower Protection Bill remains stalled, and the 2024 Computer Misuse and Cybercrimes (Amendment) Bill threatens free expression by extending unchecked state surveillance over digital platforms. The Public Participation Bill 2024 is progressing slowly due to limited funds allocation by the government.

Since the June 2024 protests, the government has directly clamped down on media agencies, and law enforcement officers have physically attacked journalists and even damaged their equipment as they feature public stories. In 2025, the government cancelled advertising on media stations that seem to feature stories that criticize the government, and this indirectly affects freedom of the press and access to information for the general public.

At the same time, constitutional commissions and oversight institutions are under siege. Budget cuts, politically motivated appointments, and delayed confirmations have crippled bodies meant to safeguard democracy.

Corporations continue to violate human rights with near-total impunity. For instance, Safaricom is implicated in sharing customers’ location data with law enforcement agencies in operations that may have resulted in enforced disappearances, extrajudicial killings and renditions. This brazen violation of privacy has had a chilling effect on civic space.

Meanwhile, there is a systematic campaign to silence dissent. Whistleblowers and human rights defenders face threats, surveillance, and abductions. Independent oversight institutions have been weakened or hijacked. The attempted removal of Auditor-General Nancy Gathungu after her revelations of financial irregularities is a disdain for transparency.

We demand that:

1. The government must end the intimidation, surveillance, and criminalization of activists and independent media, and abolish efforts to criminalize dissent, including through the Computer Misuse and Cybercrimes (Amendment) Bill.
2. Parliament must withdraw the repressive Public Assemblies and Demonstration Bill and align legislation with Article 37 of the constitution and international human rights standards. It must also ensure police provide facilitative, not repressive, support during public demonstrations.
3. Safaricom must be held accountable for illegally sharing customers’ data with law enforcement officers in operations that may have led to enforced disappearances, extrajudicial killings and renditions. The unholy alliance between Safaricom and the government must stop.

Public finance accountability

• Corruption continues to strangle Kenya’s future

Recent analyses describe Kenya as exhibiting classic “state capture,” where a well‑organized elite has repurposed the Presidency and Treasury into a “temporary zone for personalized appropriation, subverting constitutional checks and operating outside public accountability.

In infrastructure, the tripling of costs on the Standard Gauge Railway—and the absence of credible project audits—reflects similar elite rent‑seeking. Citizens have been treated to the discharge of people accused of mega-corruption in several instances, including the Arror-Kimwarer dam scandal.

This is coupled with allegations brought forward by the former Attorney-General and the former Deputy President of loan contracts being proposed to be signed in airport corridors and dealings on housing, health and digital public infrastructure being cut with oligarchs without due process.

Despite repeated public commitments to accountability, corruption remains a significant barrier to realising social and economic rights. Kenya’s recent scores on the 2024 Corruption Perceptions Index released by Transparency International, at 32 out of 100, illustrate a growing public frustration with slow and often ineffective prosecutions, particularly involving powerful individuals.

Notably, there is a new age of corruption packaged as public-private partnerships, manifested through, among other deals, the Arrow-Kimwarer dam scandal and the Adani deals (JKIA and Ketraco). These trends continue to erode the rule of law, accountability and credibility of oversight institutions, with Parliament and the Executive, disregarding reports from the constitutional institutions that are the last line of defense for public finance accountability.

That said, we acknowledge recent progress, including high-profile convictions of former Kiambu governor Ferdinand Waititu for procurement-related bribery and his Nyandarua counterpart, Daniel Waithaka, for violating procurement laws. These convictions signal a judiciary more willing to confront impunity. However, we remain concerned about the High Court’s decision to suspend the prosecution of the Thika Chief Magistrate despite corruption findings.

We commend the Auditor-General for uncovering irregularities in SHA’s procurement of the digital health system. We also welcome proposals under the Anti-Corruption Laws (Amendment) Bill 2025 to fast-track the resolution of cases and streamline appeals.

Further, we acknowledge the recent High Court ruling striking down the National Government Constituencies Development Fund (NG‑CDF) as unconstitutional, further exposing the chronic misuse of resources intended for education and local development.

We demand that:

1. The Executive must stop political interference in constitutional offices like the Office of the Auditor-General, Controller of Budget, and EACC. Parliament and the Executive must also protect the tenure and independence of officers like Nancy Gathungu and ensure their reports lead to prosecutions, not retaliation.
2. The Office of the Auditor-General must conduct timely, independent audits of all government programs, especially high-risk initiatives like the Affordable Housing Project, SHIF, and the Bomas expansion via public-private partnerships. These audits must be made public to address widespread concerns over conflicts of interest and awarding tenders to politically connected individuals. No initiative should be beyond scrutiny. Where evidence of corruption is found, those responsible must be prosecuted.
3. The state must fully fund and protect the independence of key institutions such as the EACC, ODPP, and the judiciary.
4. Parliament must pass the Whistleblower Protection Bill (2023) to guarantee safe and confidential reporting channels for those exposing corruption. It must also fast-track the passage of pending legislative amendments designed to reduce delays in prosecuting graft cases.
5. Chapter Six of the Constitution must be rigorously applied to vet all public officials and political aspirants for integrity, particularly regarding wealth declarations and unexplained assets.
6. Access to Information Act (2016) must be fully enforced across all levels of government, particularly at the county level.

• Public debt

Rising fiscal deficit and burden on workers

The 2025–26 Budget Policy Statement projects a fiscal deficit of 4.3 per cent of GDP—down from 4.9 per cent in 2024-25—to be financed through net external borrowing of Sh146.8 billion and net domestic borrowing of Sh684.2 billion. However, the projected increase in public revenue relies heavily on reintroducing taxes that were scrapped following last year’s mass protests. These include levies on basic commodities and a mandatory three per cent wage deduction—matched by employers—for the housing fund. These measures disproportionately burden the working class and further strain already overstretched civil servant households.

Ironically, even as fiscal space tightens, the Executive continues to expand. It has created additional state departments led by principal secretaries to accommodate a broad-based government. It has backtracked on its June and July 2024 pledge to reduce the number of advisors.

Costly domestic borrowing

In FY 2023-24, domestic borrowing surged to Sh704.7 billion—accounting for 82.3 per cent of the year’s total financing needs—up from Sh471.4 billion the previous year. This sharp rise has crowded out private sector credit and stifled productive investment. Investors, wary of fiscal risk, now demand double-digit yields—peaking at 18 per cent on short-term government paper—making domestic debt the most expensive component of Kenya’s financing.

Worryingly, this borrowing is largely unearmarked, lacking clear project linkage or accountability, and offers little support to economic growth. Despite the availability of concessional financing through the International Monetary Fund’s Extended Fund Facility—which comes with governance-enhancing conditionalities—Kenya exited the program at the final review, opting instead for costlier domestic and commercial external loans.

While IMF conditionalities demand reforms, they also impose the fiscal discipline that Kenya’s borrowing strategy urgently needs. Abandoning such frameworks jeopardizes the country’s credit standing and could undermine future access to World Bank financing.

Dangerous legislative amendments

Parliament is considering scrapping the requirement for the Cabinet Secretary to explain any breach of the 55 percent-of-GDP debt anchor—effectively waiving accountability for excessive borrowing. At the same time, legislators are advancing a Constitution Amendment Bill to entrench the National Government Constituencies Development Fund (NG-CDF)—alongside two new national funds—into the Constitution, despite multiple court rulings declaring the NG-CDF Act unconstitutional.

These parallel efforts threaten to entrench unaccountable public spending, erode fiscal discipline, and further undermine the principles of devolution.

We demand that:

1. All taxes on essential goods and services—including food, medicine, education materials, and electricity—must be removed to reduce the cost of living and uphold the right to life and dignity. Double taxation must end, and punitive taxes introduced under the Ruto regime, including the Housing Levy and other unjust fiscal policies, must be repealed.
2. Given our economy's critical condition, re-engage the IMF program to access lower-cost financing and restore much-needed external discipline.
3. Halt all legislative amendments that weaken the debt anchor or seek to entrench new national funds in the Constitution, especially those already deemed unconstitutional.
4. Reprioritize external and concessional borrowing, ensuring all debt is transparently linked to specific, high-impact projects with clear public benefits.
5. Strengthen oversight by Parliament and the Auditor-General, mandating that every loan and deficit variance be publicly explained and justified.
6. Reinforce devolution by fully funding counties through equitable share transfers—not opaque, centrally managed national funds that bypass local priorities.
7. Confront corruption decisively—or step aside. Leaders who cannot tackle the most pressing issue of our time should vacate office and stop recycling unethical individuals into public service.

Signed:

• ARTICLE 19 Eastern Africa
• Civic Freedoms Forum (CFF)
• Elimu Bora Working Group (EBGW)
• Independent Medico-Legal Unit (IMLU)
• Inuka Kenya Ni Sisi!
• Kenya Human Rights Commission (KHRC)
• Mathare Social Justice Center
• Muungano wa Gen-Zote
• National Integrity Alliance
• Okoa Uchumi Campaign
• Police Reforms Working Group
• Social Justice Centres Working Group - Nairobi Chapter
• The Institute for Social Accountability (TISA)
• Transparency International-Kenya (TI-Kenya)
• Usalama Forum

The Court of Appeal has today postponed the delivery of its judgment in Civil Appeal No. E645 of 2021, a decision that has left survivors of sexual violence committed during the 2007-08 post-election violence disheartened and emotionally drained. For survivors who have waited 17 years for justice, this delay is more than procedural; it is deeply personal. It adds another layer of uncertainty to a legal journey marked by prolonged silence and institutional disregard.

The appeal case stems from constitutional petition 122 of 2013, which was filed in the High Court by eight survivors of sexual and gender-based violence (SGBV) experienced during the 2007–2008 post-election period, six females and two males. Three of the female survivors were gang-raped by police officers. In contrast, civilian criminals gang-raped the other three females, and the two male survivors, who were children at the time of the Post-Election Violence, were forcefully circumcised by ethnic militia.

The survivors in the case are supported by a coalition of organizations, including the Utu Wetu Trust, Physicians for Human Rights (PHR), the Independent Medico-Legal Unit (IMLU), the International Commission of Jurists – Kenya (ICJ-K), the Coalition on Violence against Women (COVAW), Kenya National Commission on Human Rights (KNCHR), Kenya Human Rights Commission (KHRC), and the Constitution and Reform Education Consortium (CRECO). In this case, two other organizations, Katiba Institute and REDRESS, are enjoined as Amicus Curiae.

In 2020, the High Court issued its judgment in petition 122 of 2013, awarding Sh4 million compensation to four of the survivor-petitioners on the basis that they were violated by police officers and for the state’s failure to investigate and prosecute perpetrators following one reported case where a civilian gang raped the survivor.

The other four, whose cases involved gang rape and forced circumcision, were dismissed on the basis that they were committed by civilian perpetrators and lacked formal police reports. The Court of Appeal was today expected to address whether survivors were violated by civilian criminals and who did not or could not report violations due to several factors, including breakdown in security, law and order at the time, trauma, stigma, or displacement, still deserve protection and redress from the State.

The Court of Appeal was also expected to address the High Court’s reluctance to issue structural orders that would require the state to establish mechanisms for documentation and reparation for all other victims of sexual violence committed during PEV. You will recall that in 2008, the Commission of Inquiry into the Post-Election Violence, also known as the Waki Commission, recorded 900 cases of SGBV, which it termed as representing only “a tip of the iceberg”. The Truth Justice and Reconciliation Commission went further to document thousands more survivors of PEV-related SGBV in 2013. The appeal seeks the court’s intervention to ensure that the state identifies and provides mechanisms for reparation for all these victims beyond the eight survivors participating in this specific case.

These survivors are not seeking justice solely for themselves. They are standing up on behalf of many others, thousands across Kenya, who continue to suffer in silence. Their pursuit of accountability is driven by a collective hope: that Kenya would recognize the full extent of pain, harm and disruption of lives caused by electoral violence and take steps to guarantee non-repetition. 

Instead of closure, survivors face persistent delay. The postponed judgment extends a legal process that began in 2013 and concerns violations from 2007. For 17 years, these individuals have navigated a legal system that has been slow to hear them, slower to act, and reluctant to fully confront the state’s failure to protect its citizens from sexual and gender-based violence.

Adding to the gravity of this moment is the continued failure of the state to pay the Sh4 million compensation that the High Court awarded each of the four survivor-petitioners in December 2020. A certificate of costs was submitted to the Ministry of Interior in August 2023, yet no payment has been made. The Ministry of Interior and the Office of the Attorney General have remained silent.

Survivors are being forced to beg for what has already been granted to them by law. This adds to the almost Sh1 billion unpaid compensation owed to survivors of the former Nyayo House Torture Chambers.

This inaction reflects a broader institutional failure. In 2015, then-President Uhuru Kenyatta announced a Sh10 billion Restorative Justice Fund to address the plight of victims of the 2007-08 election-related violence. However, to date, this fund remains non-operational. Draft regulations and a policy for implementing the Fund have been sitting in the Office of the Attorney General and the National Treasury since 2017. They have yet to be adopted by the Cabinet or tabled before Parliament.

Attempts by survivors and civil society organizations to engage the Office of the Attorney General have been unsuccessful, and survivors continue to wait, not just for funds, but for the state to acknowledge their pain and suffering.

Even more concerning are credible reports suggesting that a portion of the Sh10 billion fund may have already been disbursed, even though no public accounting has been made available. The reports indicate that Sh3.1 billion was allocated in the 2015/2016 budget. However, survivors and civil society remain in the dark about how these funds were disbursed, who the beneficiaries were, and what criteria guided the allocation, if any. We cannot talk about justice if transparency is absent.

While the state pleads budgetary constraints, we see lavish spending on political travel and campaigns, where public officials fly across the globe and traverse the country at enormous cost to the people of Kenya. These same public officials fail to act when it comes to compensating and providing holistic reparation to victims of gross human rights violations. There is no shortage of resources, only a shortage of political will.

This delay is part of a pattern: Kenya has not reckoned with its violent past. Survivors had hoped this case would mark a turning point, a national commitment to truth, justice, and reparation. Instead, the list of violations and victims continues to grow; from 2015, 2017, 2022, 2023, 2024 and 2025, electoral and protest-related violence have all seen sustained incidences of state-driven violence involving sexual and gender-based crimes and other gross human rights violations such as abductions, enforced disappearances and torture.

 By failing to deliver justice for past wrongs, the state enables the cycles of continuing violations and future harm. The same delay pattern is witnessed in another landmark case, the Baby Pendo, which was initiated in 2022, but the 12 accused police commanders have taken no plea.

Survivors are not asking for special treatment. They are asking for what the Constitution, the laws of Kenya, and the courts already guarantee them: recognition, justice, reparation, including compensation, and dignity. This moment must be a wake-up call for all of us.

We, therefore, urge for the following immediate action:

1. That the Court of Appeal expedites and delivers its judgment in Civil Appeal No. E645 of 2021 without further delay. Justice delayed any further will only deepen the harm experienced by victims and survivors.
2. The Office of the Attorney General and the Ministry of Interior to immediately release the Sh16 million in compensation awarded to survivors in 2020, in constitutional petition 122 of 2013. Court orders must be enforced without excuses.
3. The Office of the Attorney General to publicly disclose the status of the 2017 draft regulations for implementing the Sh10 Billion Restorative Justice Fund and present a timeline for their adoption and tabling before Parliament.
4. The Office of the Auditor General to initiate a forensic investigation into the disbursement of the Sh10 billion Restorative Justice Fund established in 2015. Kenyans and victims of the 2007-08 election-related violence have a right to know how this public money has been handled.
5. The Speaker of the National Assembly should update the country on the status of adopting the TJRC report to give effect to its full implementation.
6. The Government of Kenya to fully implement the Victim Protection Act (2014) and provide sufficient resources and an effective framework to ensure psychosocial support, legal aid, protective services, and reparations for all survivors of gross human rights violations.

Survivors have carried this burden long enough. It is time the nation stood with them. Justice must not only be done but it must also be seen. And it must be felt urgently, fully, and without compromise.

Signed by:

• Coalition on Violence against Women (COVAW)
• Constitution and Reform Education Consortium (CRECO)
• Independent Medico-Legal Unit (IMLU)
• International Commission of Jurists – Kenya (ICJ-K)
• Kenya Human Rights Commission (KHRC)
• Kenya National Commission on Human Rights (KNCHR)
• Physicians for Human Rights (PHR)
• Utu Wetu Trust (UWT)

We respectfully call on all states parties to take the steps required to amend the International Criminal
Court’s jurisdiction over the crime of aggression.

What the international community needs is a legal framework that can end impunity and effectively deter state leaderships from waging aggressive wars and other acts of aggression. To work towards these goals, the ICC must be able to prosecute the crime of aggression under the same conditions that exist for the other three core international crimes.

Recourse to aggression in the last years painfully illustrates that this reform is crucial and overdue. States parties must therefore seize the opportunity they will be presented with in 2025 to fill the gaps in the ICC’s jurisdiction regarding the crime of aggression.

The current legal framework for the prosecution of the crime of aggression is too limited and leads to
glaring accountability gaps. The crime of aggression is a leadership crime, committed by those “in a
position effectively to exercise control over or direct the political or military action of a state”.

The ICC, as the international court with universal aspirations and thus particularly suited and legitimized to focus on the highest-ranking perpetrators, should be enabled to effectively end impunity for “the most
serious crimes of concern to the international community as a whole”. However, due to the restrictive
jurisdictional regime implemented for the crime of aggression in Art. 15bis Rome Statute, the ICC is
currently barred from doing so in most instances.

For the other three core crimes, in cases of proprio motu investigations or state party referrals, Art. 12
Rome Statute provides for ICC jurisdiction where the crime is committed on the territory, or by a
national, of a state party or a state lodging an ad hoc acceptance of jurisdiction.

This also covers crimes committed by non-state party nationals if committed on the territory of a state party. By contrast, concerning the crime of aggression, the ICC cannot exercise its jurisdiction in the case of non-state party nationals or crimes committed on the territory of non-states parties (Art. 15bis (5)), except if the Security Council refers the situation to the Court (Art.15ter).

This holds true independently of whether it is a state party that is being attacked by a non-state party. Moreover, states parties have the option to declare that they do not accept jurisdiction (Art. 15bis (4)).

While the UN Security Council remains competent to refer cases (Art. 15ter), the Russian war of aggression against Ukraine illustrates that there is a high risk of deadlock due to the use of the veto power by its permanent members – both to block referrals pertaining to their own state and referrals related to their allies. The current legal framework hence leaves it up to the most powerful states (under Art. 15ter) to decide whether accountability for the crime of aggression by leaders not covered by Art. 15bis is possible.

States parties must prioritize remedying this dire situation. This is not only crucial to discourage state
leaderships from waging aggressive wars and from other acts of aggression against other states, but also
to add another layer of protection for states at risk of being a victim of aggression. Only an amendment
of the Rome Statute’s jurisdiction over the crime of aggression can help ensure that states parties are
better protected from the crime being committed against them, and that the ICC will be in a position to
ensure accountability.

The amendment is also crucial to be able to hold accountable those who are responsible for causing immense suffering to entire populations – including to soldiers on both sides, as well as civilians subjected to attacks, not all of which can be prosecuted as war crimes, but are part of the aggression itself.

Finally, as a matter of consistency and legitimacy of the international justice system, its framework must ensure accountability not only in a few instances, but with the aspiration to uphold the prohibition of the crime of aggression as universally as possible, without selectivity and double-standards.

By resolution adopted in 2010 (RC/Res. 6(4)), states parties mandated a review of the crime of
aggression provisions to occur in 2025. An opportunity to close the gaps in the Court’s ability to exercise
its jurisdiction over this crime is thus right around the corner.

We urge states parties to seize it by harmonizing the conditions for the ICC’s exercise of jurisdiction over the crime of aggression with those applicable to its other core crimes. In preparation of the review, we call for a transparent and inclusive process appropriate to the task.

Supported by:

• Action des Chrétiens Activistes des Droits de l'Homme à Shabunda (ACADHOSHA)
• Africa Legal Aid (AFLA)
• Aotearoa Lawyers for Peace
• Armenian United Nations Association
• Asociación Española para el Derecho Internacional de los Derechos Humanos
• Atrocities Watch Africa
• Baltimore Nonviolence Center
• Basel Peace Office
• Center for Truth and Justice
• Citizens for Global Solutions
• Civil Rights Defenders
• Crimean Human Rights Group
• CRIMEASOS
• Democracy Today
• European Center for Constitutional and Human Rights, e.V.
• Global Institute for the Prevention of Aggression
• Global Justice Group
• Global Justice Intelligence Eyes
• Global Rights Compliance
• Guinean National Coalition for the ICC
• Human Rights Center ZMINA
• Human Rights Defenders Solidarity Network - Uganda
• Human Rights Platform
• International Community for Georgia Development and the Progress
• International Federation for Human Rights (FIDH)
• Iranian Center for International Criminal Law
• Just Access e.V.
• Justice Call
• Keen and Care Initiative (KCI), Nigeria
• Kenya Human Rights Commission (KHRC)
• Kenyan Section of the International Commission of Jurists (ICJ)
• Kharkiv Anticorruption Center
• Media Initiative for Human Rights
• National Forum for Human Rights, Yemen
• Nonviolence International
• Norwegian Helsinki Committee
• Office of the Youth in Maritime (YIMO)
• Open Society Justice Initiative
• Parliamentarians for Global Action
• Peace Action WI
• Permanent Peace Movement, Lebanon
• Platform for Peace and Humanity
• REDRESS
• Regional Advocacy for Women’s Sustainable Advancement (RAWSA) Alliance for African & Arab
  States
• RootsAction.org
• Synergy for Justice
• The Reckoning Project
• Ukrainian Helsinki Human Rights Union
• Ukrainian Legal Advisory Group
• UNASCAD (Union des Amis Socio Culturels d'Action en Developpement), Haiti
• United Nations Association of Chad
• United Nations Association of Estonia
• United Nations Association of Sweden
• Universal Peace and Violence Amelioration Centre (UPVAC)
• U.S. Section, Women's International League for Peace and Freedom
• Visionary Ethics Foundation (VEF)
• World BEYOND War
• World Federalist Movement – Institute for Global Policy

The Kenyan government's disgraceful decision to host the Rapid Support Forces (RSF) and its allied militias—infamous for their brutal reign of terror in Sudan—makes it complicit in mass atrocities against the Sudanese people.

RSF gathered in Nairobi on February 18, 2025, to form a parallel government. This violates Kenya's commitment to justice, accountability, and the promotion of peace and security in Sudan and the Horn region.

This meeting also happened four days after the African Union Peace and Security Council, convened by Heads of State and Government, condemned all forms of external interference fueling the Sudanese conflict and urged the warring parties to commit to an inclusive political dialogue to address the current crisis.

Kenya’s unilateral move undermines Pan-Africanism by contradicting the African Union’s peace efforts in Sudan, led by the AU High-Level Panel and the AU Peace and Security Council Expanded Mechanism, which aim to engage all key parties involved in the conflict.

A recent report by the UN’s Independent International Fact-Finding Mission for Sudan found reasonable grounds to believe that the RSF and its allied militias committed war crimes, including rape, sexual slavery, pillage, forced displacement of civilians, and the recruitment of children under 15 for combat.

Horrific assaults carried by the RSF and its allies against non-Arab communities – in particular the Masalit in and around El Geneina, West Darfur – included killings, torture, and other forms of sexual violence and destruction of property.

Sanctioned

On January 7, 2025, the U.S. government sanctioned RSF leader Mohammad Hamdan Dagalo Mousa, also known as Hemedti, for his role in destabilizing Sudan and obstructing its democratic transition. Earlier, on September 6, 2023, the Department of the Treasury’s Office of Foreign Assets Control sanctioned his brother, Abdelrahim Hamdan Dagalo, for leading the RSF, whose members have committed atrocities, including massacres, ethnic killings, and sexual violence.

Kenya’s decision to host the RSF in Nairobi to form a parallel government is a grave violation of its international obligations, including the UN Charter, the AU Constitutive Act, and the Convention on the Prevention and Punishment of the Crime of Genocide. Moreover, this move undermines Sudan’s sovereignty, constitutes an act of hostility against its people, and disregards the immense suffering of countless Sudanese civilians and ongoing peace efforts.

At the time the RSF convened in Nairobi, the militia was actively committing genocide, massacring civilians along ethnic lines, attacking internally displaced persons camps, and killing more than 433 civilians, including women and children, in a three-day assault in Southern White Nile State near the town of al-Gitaina.

Admitting guilt

On February 19, 2024, the Kenyan government, through the Office of the Prime Cabinet Secretary and the Ministry of Foreign and Diaspora Affairs, admitted to providing the RSF with a platform to convene in Nairobi and attempted to justify this decision. This move will undoubtedly strain the longstanding relationship between Sudan and Kenya.

The Kenyan government’s actions undermine international efforts—including those by civil society organizations—to promote peace, accountability, and justice. It also endangers Sudanese refugees in Kenya, as their tormentors, the RSF, are on the verge of forming an illegal government.

We appeal to the AU Peace and Security Council to urgently issue a strong statement:

1. Condemning any attempt by the warring parties to unilaterally declare a government in exile, which will undercut efforts to secure an inclusive peace agreement that will address Sudan’s multiple conflicts.
2. Urging all Sudanese actors and AU member States to abide by AU statements, including those affirming Sudan's territorial integrity and the need for a political dialogue-based resolution of the conflict.
3. Urging stakeholders to refrain from unilateral acts that undermine peace and stability in Sudan.

We urgently call on the Kenyan government to immediately implement the following recommendations:

1. Immediately declare a persona non grata status to all members of the RSF currently convening in Kenya.
2. Immediately recall the statement issued by the Prime Cabinet Secretary confirming its support for the RSF and issue an unequivocal apology to the people of Sudan.
3. Uphold and respect the international obligations under the United Nations, the Constitutive Act of the African Union and the Convention on the Prevention and Punishment of the Crime of Genocide.
4. Immediately refrain from engaging in the peace talks or mediation process regarding the conflict in Sudan because it fails to be an impartial arbiter.

We continue to express our full solidarity and support with the people of Sudan and will engage all possible mechanisms under national and international law in this long-term endeavor.

Signed

• Africans for the Horn of Africa (Af4HA) Initiative
• Atrocities Watch Africa (AWA)
• Betty Kaare Murungi
• Civic Freedoms Forum (CFF)
• Gest Center for Development (GESR)
• Grace Agenda
• Kenya Human Rights Commission (KHRC)
• Kenyans For Peace with Truth and Justice
• Kisumu CSO Network
• National Victims and Survivors Network
• Pan African Lawyers Union (PALU)
• The Africa Centre for Open Governance (AfriCOG)
• The Kenyan Section of the International Commission of Jurists-Kenya (ICJ-Kenya)

As President William Ruto prepares to present his state of the nation address to the joint sitting of parliament on Thursday November 21, 2024, we wish to issue this people’s state of the nation report to help Kenyans understand that the President’s report shall largely be a PR address to tick boxes as required by Article 132 of the Constitution.

Introduction

Article 132 (1) c) requires that the President shall once every year;

• report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in Article 10;
• publish in the Gazette the details of the measures and progress under sub-paragraph (i); and
• submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.

This report comes at a time when nearly 75% of Kenyans believe that the country is headed in the wrong direction and 70% believe that the President is the most responsible for the wrong direction the country is headed (Infotrak). Every sector of the political economy of our country is worse off now than it was when President William Ruto was sworn in in September 2022.

The main reason the country is headed in the wrong direction is because Kenya has a president who does not listen to the people of Kenya, acts in violation of the Constitution and is hellbent on emasculating Kenyan institutions and people so that he can rule over us rather than govern as a servant leader. As the leaders of the civil society organizations and community in Kenya we therefore fully endorse the communique issued by the Kenya Conference of Catholic Bishops  on November 14^th, 2024 because the Bishops spoke for all Kenyans.  

National values and principles of governance status review

1. Patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;
2. Patriotism: patriotism has been undermined extensively with the President and government’s zealous policy of taking Kenyans to work for other economies and countries. A government that destroys the economy at home so that it can focus on pushing Kenyans out of the country whereas its ministers and high-level officials are displaying opulence and arrogance. This administration has undermined national interest so extensively and patriotism has waned.
3. National Unity: The government policies and actions especially the ethnic appointments had weakened unity among Kenyans.The Gen-Z united the country against the corrupt public and state officials, especially in Parliament and the Executive who brazenly live large as Kenyans suffer in poverty and want. Kenyans are very united at the moment, but in their quest to end the wastage, lavish living, corruption and incompetence of the ruling elite.
4. Sharing and Devolution of Power: Devolution in Kenya is on its death bed. The Ruto led administrations has been recentralizing service delivery and sending less resources and further delaying the little that is going to devolved governments. As we issue this report, county government are on the verge of closing down.
5. The rule of law: the biggest crisis in Kenya since July 2023 is the unabashed impunity and near complete suspension of the constitution of Kenya by the President and Executive. The President has led a State capture campaign of weakening, intimidating and paralyzing many constitutional bodies including Parliament and the Judiciary, Constitutional Commissions and Independent offices.
6. Democracy Participation of the people: The country does not have a properly constituted IEBC. This is a deliberate scheme by the State to ensure that the people of Kenya do not recall elected representatives and the whole of this administration for its unacceptable incompetence and violations. The Supreme Court of Kenya has recently declared that public participation is merely procedural and not a requirement in governance processes in Kenya. We plan to take steps to ensure that both a credible and strengthened IEBC is constituted and to ensure that Public participation is provided for sufficiently including through the rolling out of a substantive publicly funded civic education program for all citizens of Kenya.
7. Human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
8. Human dignity and Article 43 of the Constitution on socio-economic rights
   • The Ruto regime has extensively undermined the rights of Kenyans to healthcare, education, and food therefore exposing Kenyans to wanton suffering. The new Social Health care policy wherease publicized as the revolution of health care due its rushed implementation has further exacstabated the suffering of Kenyans who now have to go into their pockets to fund the health care needs.
   • The demolitions that took place during the flooding early this year left about 500 residents and 143 families in Mukuru Kwa Njenga in the cold.
   • The lack of social protection for the majority of Kenyans who have been exposed to poverty due to high levels of unemployment and excessive taxation is worrying as Kenyans cannot afford the very basic needs in their homes.
9. Equity, Equality, Inclusiveness, Social justice and Non-discrimination
   • The Ruto administration has reneged on its 9-point agenda towards promoting gender equality. The Not more than two thirds gender principle has not been operationalized and the President has failed to observe that principle even in appointments to his cabinet.
   • The discrimination and Protection of the marginalized against Kenyans on the grounds of sex, age ( young people continue to suffer the tragedy of unemployment and poverty) disability, religion and ethnicity is rampant in Kenya.
10. Human rights
    • Since Ruto was sworn in, the wave of extra-judicial killings, abductions, torture, disappearances, arbitrary arrests, the criminalization of the rights and freedoms to assembly, expression, media, association, demonstration and petitioning of government authorities have all escalated uncontrollably. In one sentence, the Ruto administration has turned Kenya into a Police State.
    • Ruto’s regime has breached various international obligations under international human rights treaties including the International Covenant on Civil and Political Rights (ICCPR) and the 1951 Geneva Convention among others. These include the arrest and deportation to Juba of South Sudanese activist Morris Mabior Awikjok Bak on 4th February 2023; Arrest and deportation of four Turkey refugee nationals contrary to the non-refoulement principle under the Refugee law; and Recent arrest of Dr. Kizza Bessigye, Ugandan opposition leader who was arrested on 17th November 2024 on the night he scheduled to attend Hon. Martha Karua’s book launch.
    • Ironically, it’s this President who promised that none of these egregious acts of human rights violations were going to take place under his administration. What we witnessed during the pro-good governance demonstrations against the Finance Bill 2024 in June and July was at a scale like we never witnessed even at the height of the Moi dark days.
    • We believe that Ruto’s regime ought to be investigated for the country to establish what exactly happened during the 2023 Azimio led demonstrations and the 2024 Gen-Z led #RejectFinanceBill demonstrations.
11. Good governance, integrity, transparency and accountability;
12. Good Governance: Integrity, Transparency and Accountability

The dropping of cases brought against corrupt public officials in the Ruto regime stinks to the high heavens. The cases of mega corruption under the Ruto regime are dizzying. For example, the Edible oil scandal, and Adani deals, among others for which to date there has been no action. Anti-corruption agencies, specifically the Office of the Director of Public Prosecutions (ODPP), seem to have run out of energy, direction or belief in the fight against corruption.  

1. Sustainable development.
2. Public debt, the economy and budget deficit: We demand an immediate forensic audit of Kenya’s National public debt through a multi-sectoral Commission led by the auditor general. This multi-sectoral Debt audit Commission should be set up through an Act of Parliament to bring on board: professional bodies, Youth serving organizations, OKOA Uchumi coalition of CSOs, religious coordinating bodies, Trade Unions, the Private Sector Alliance, and representatives of MPs in the debt and public finance committees of the National Assembly and Senate. This Commission shall act as the oversight agency to help the Auditor General carry out this exercise effectively and within a very short period of time.
   • Going forward, it will be necessary that public borrowing observe the principles of inter-generational equity. The recklessness and corrupt borrowing that has piled an unsustainable odious debt on the country must not be allowed to recur as it robs future generations of the opportunity to finance development.
   • It is necessary that Kenya sets up a National Sovereign Wealth Fund after the forensic audit of the public debt to ensure that our natural resources are utilized in the national interest.
3. Meeting International Obligations and safeguarding the Sovereignty of the people of Kenya

Kenya is a signatory to a number of treaties which touch on the aforementioned issues raised in this statement, moreover;

11. Against our constitution in Article 2 and Article 10 on Public Participation and good governance principles, the President flew to the US and entered into several agreements including military pacts, allowing the setting up of a massive military base in Lamu.
12. The President also allowed Kenya to be made a non-Nato ally of the US. All these agreements that extensively violate the sovereignty of the Republic of Kenya were not presented to Parliament for discussion and approval and for others to be ratified through a referendum as it is necessary. Kenya cannot be a Non-Nato ally of the US without Kenyans ratifying this through a referendum.
13. Misuse of Powers and Privileges Act: On 4th October 2024 Cabinet Secretary for Foreign Affairs and Diaspora Affairs, Musalia Mudavadi published legal notice no.157 to the effect that the Bill and Melinda Gates Foundation has been granted privileges and immunities equivalent to those of bilateral partners, like the United Nations and other International Organizations; whose governance, unlike the UN is neither transparent, not open. This move could shield the foundation from accountability and set a troubling precedent for other foreign organizations seeking similar privileges.

Our irreducible demands as civil society organizations in Kenya

1. We demand from the National Cohesion and Integration Commission (NCIC), National Gender Equality Commission (NGEC), Public Service Commission (PSC) and Kenya National Commission on Human Rights (KNCHR) to develop a joint publication of all the state appointments that have been made since Mr. Ruto was sworn into office. The ethnicization of the public service and State agencies is now a pandemic.
2. We demand that Mr. Ruto and the political class stop meddling and frustrating independent institutions responsible for investigation, prosecution and the hearing and determination of corruption and human rights cases.
3. We demand a report of the implementation of austerity measures as promised by Mr. Ruto, including capping foreign travels, reducing the number of advisors, and abolishing the offices of the First and the Second Ladies amongst others.
4. We also demand that the Government revokes the unpopular funding model that segregates our University students into economic bands and revert to the former University funding model that was not discriminatory.
5. We demand that the government immediately implement the Collective Bargaining Agreement (CBAs) that they have signed on to, including with Doctors, Universities and others to allow normalcy at our critical institutions.-
6. We demand an official statement from the Speaker of the National Assembly on the state of the process of appointment of new IEBC commissioners.
7. We demand that Mr. Ruto and his government initiate and/or conclude investigations of human rights violations stipulated herein above and publish a report finding to the public. Failure to adhere to this demand the civil society organizations will trigger the people’s constituent power, and invite the United Nations' special mechanism to investigate the various human rights abuses in Kenya for the past two years.

 Conclusion

Kenya needs a government that upholds the constitution, the rule of law, respects the people of Kenya and serves the interests of the Kenyan people. We believe that the Ruto administration has lost direction. This administration can not be trusted with upholding the national interest.  Kenyans need an alternative voice that can keep the government on check now that ODM has joined the Ruto administration in full. Kenyans need to be treated with dignity and their voices must be respected. Kenyans need to get and see the value of their taxes through prudent, transparent and accountable expenditure. Kenyans need to be respected not to be subjected to fear of reprisals for their divergent views. We are ready to work with our religious leaders and other sector leaders to TAKE OUR COUNTRY BACK from these group of officials who have decided to serve themselves and auction our country to foreigners and private individuals.

This statement has been signed by the following Civil Society Organizations and Coalitions.

1. Independent Medico-Legal Unit (IMLU)
2. Constitution and Reform Education Consortium (CRECO)
3. Defenders Coalition ( National Coalition of Human Rights Defenders)
4. Inuka Kenya Ni Sisi! Ltd
5. The Institute of Social Accountability (TISA)
6. Okoa Uchumi Coalition
7. Transparency International Kenya (TI-Kenya)
8. Kenya Human Rights Commission (KHRC)
9. United Disabled Persons of Kenya (UDPK)
10. Civic Freedom Forum (CFF)
11. Partnerships for Empowerment and Networking in Kenya (PEN Kenya)
12. Kariobangi Paralegal Network
13. Wangu Kanja Foundation
14. Kenya Section of the International Commission of Jurists (ICJ-Kenya)
15. Police Reforms Working Group
16. Okoa Uchumi Coalition
17. Civic Freedom Forum
18. Missing Voices Coalition
19. National Integrity Alliance