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

Editor's note: Read our letter to the President of the UN Human Rights Council here.

The undersigned civil society organizations wrote to the President of the United Nations Human Rights Council, opposing Kenya’s application for membership in the UN Human Rights Council for the 2025-2027 term.

Kenya applied for the seat on September 27, 2024.

The UN member states will converge in New York today to vote on Kenya’s bid.

This is why we oppose Kenya’s candidacy.

Two years into President William Ruto's term, Kenyans continue to witness a deeply entrenched culture of impunity. Many have fallen victim to gross and systemic human rights violations that verge on crimes against humanity, infringing on Kenya's national, regional, and international obligations.

As a party to international treaties, Kenya is bound to respect, protect, and fulfil human rights under international law. The Constitution of Kenya affirms in Article 2(5-6) that general rules of international law and any treaty or convention ratified by Kenya shall form part of its legal framework.

The Ruto administration has failed to meet its obligations since taking office two years ago. The regime has committed serious atrocities and crimes against the public with little to no redress. The Kenya police and other state institutions have been the main perpetrators of these violations and abuses.

The closure of civic and democratic space, the capture and intimidation of other state organs—including parliament, constitutional commissions, and independent offices—and oppressive governance frameworks have made accountability for these injustices nearly impossible. This starkly contrasts Ruto's opposition to anti-people policies and his campaign commitment to establish a public inquiry into state capture under the previous regime.

Below, we cite some of the latest injustices that disqualify Kenya from the UN Human Rights Council seat.

1. Unlawful killings, abductions, and enforced disappearances by the police

The Kenyan police have a long history of violently suppressing independent institutions and dissenting voices. Today, the police remain the state's primary agents of repression.

Over the past two years, police have committed massive violations against citizens. In the first six months of this year alone, police used excessive force against striking medics and residents of informal settlements opposing arbitrary displacements during floods.

On May 8, 2024, police arrested 27 human rights defenders at Mathare Social Justice Centre and Ghetto Foundation, alleging riotous conduct. The activists were released after the Makadara law courts dismissed the charges as baseless.

The situation escalated between June and July 2024, when Kenyans protested the punitive 2024 Finance Bill in what became known as the “Gen Z revolution.” The National Police Service (NPS) and other security agencies responded with brutal force, leading to the deaths of at least 60 people. Police have also been responsible for numerous abductions, enforced disappearances of 65 individuals, and the unlawful detention of over 1,400 peaceful protestors.

These abuses continue unabated. On September 24, 2024, police fired teargas at the striking university workers' unions, including the Universities Academic Staff Union and the Kenya University Staff Union. Police also made unlawful arrests as the workers peacefully marched to present a petition to Parliament and key government officials.

Recently, Trever Mathege Mureithi, a first-year student at Multimedia University, was severely injured when police fired a teargas canister at him at close range. He remains in critical condition. Despite calls from the undersigned human rights organizations for accountability, the Kenyan government has taken no meaningful action.

But the police did not stop their brutal acts. On October 3, 2024, police armed with lethal crowd control weapons and live ammunition unlawfully dispersed a peaceful demonstration by Moi University students. Reports revealed that police used live ammunition to suppress the protest, further undermining the constitutional right to freedom of assembly. The constitution envisions the NPS as a professional, disciplined, and transparent service committed to respecting human rights, but this vision remains far from reality.

No accountability

Despite repeated calls from civil society for accountability, the regime has ignored these demands and even praised the unconstitutional and arbitrary actions of the police. This is a stark contrast to President Ruto's earlier commitment, as outlined in the Kenya Kwanza Manifesto and during his swearing-in ceremony on September 13, 2022, when he vowed that the police would kill no Kenyan. He reiterated this stance in several media interviews.

However, President Ruto has repeatedly praised the security forces for their handling of peaceful protests, although deaths, arbitrary arrests, and enforced disappearances of Kenyans have marred their actions. During a July 5, 2024, media briefing at State House, Ruto acknowledged the challenges of the previous two weeks, marked by loss of life, injuries, and property damage during the anti-2024 Finance Bill protests. He promised full support to the families of those affected, yet no concrete accountability measures were mentioned.

Interior Cabinet Secretary Kithure Kindiki has also defended the police's excessive use of force. Notably, in September 2024, he appeared before the National Assembly's Security and Administration Committee, where he justified these actions. Kindiki argued that using force was justified to protect critical national institutions despite no direct threats to such infrastructure. These statements reflect a government indifferent to human rights and fundamental freedoms guaranteed by Kenya's Constitution and international treaties.

The continued use of lethal crowd control weapons persists despite a progressive court order banning their use by police. This disregard for legal protections, alongside the failure of oversight mechanisms like the Independent Policing Oversight Authority (IPOA) to curb these abuses, is alarming. The health risks of these weapons have been well-documented, including in a report by the Kenya Human Rights Commission (KHRC) and its global partners titled Lethal in Disguise 2.

2. Defiance of court orders

Over the past decade, defiance of court orders related to state violations has been a major obstacle to good governance and the rule of law in Kenya. A few examples illustrate this issue. On January 2, 2024, President Ruto openly vowed to disregard court rulings or injunctions that he believed hindered his government's agenda.

Recently, former acting Inspector General of Police Gilbert Masengeli ignored seven court orders demanding that he disclose the whereabouts of three abducted human rights defenders—Jamil Longton, Aslam Longton, and Bob Njagi—who were taken by individuals believed to be police officers.

3. Weaponized regulatory frameworks

The current administration has also weaponized regulatory frameworks to silence dissent, despite Ruto’s earlier promises that the police would never again be used for political ends. On July 22, 2024, the Public Benefits Regulatory Authority instructed the Directorate of Criminal Investigations (DCI) to investigate 16 civil society organizations. Additionally, the government has used the Kenya Revenue Authority (KRA) to harass grassroots organizations critical to its governance.

Efforts to weaken independent media have also intensified. For example, the Communications Authority of Kenya (CAK) issued an advisory warning media houses against live coverage of public protests between June and July. The government also restricted its advertisements to some media houses, depriving them of critical revenue.

This regime has further weaponized the Community Registration Act to weaken grassroots Social Justice Centres. At the same time, the proposed anti-protest Bill threatens to undermine the right to peaceful assembly as enshrined in Article 37 of the Constitution.

4. Social and economic governance decisions that are anti-people

This regime has made several anti-people decisions affecting their social and economic wellbeing. This includes the oppressive Social Health Insurance Fund (SHIF), the flawed university funding model, a punitive taxation system, unaccounted public debt, and widespread corruption. Corruption remains deeply entrenched, with Prime Cabinet Secretary Musalia Mudavadi confirming in August 2024 that Kenya loses approximately Sh608 billion, or 7.8 per cent of its GDP, to corruption annually.

Still, the arbitrary and violent displacement of people living in informal settlements in Nairobi during the floods between April and May 2024, which led to the loss of lives and property, is another example of the regime’s disregard for the poor. While high-end estates in Nairobi were also affected by the floods, their residents were not subjected to the same level of state-instigated dehumanization, torture, or degrading treatment.

We have also witnessed discriminatory access to state appointments and development based on ethnicity, region, and political affiliations, in violation of Article 27 of the Constitution. Additionally, the implementation of the two-thirds gender rule, as advised by the Supreme Court, remains unfulfilled.

These actions have adversely affected the realization of social and economic rights under Article 43 of the Constitution. The repression of civic organizing around these issues has also led to gross violations of civil and political rights.

We demand truth, justice and accountability

We have outlined Kenya’s poor track record in upholding national and international human rights principles and its deliberate failure to address serious violations since this administration came to power two years ago. The regime continues to use state security and other agencies to commit atrocities that, by definition of the Rome Statute, amount to crimes against humanity.

Considering this, we urge the UN and the international community to reject Kenya’s request for a seat on the UN Human Rights Council. Granting such a position would severely undermine the credibility and mandate of the UN and its ability to hold perpetrators accountable.

We call upon the UN to utilize its mechanisms to investigate the serious human rights violations in Kenya, establish the truth, ensure victims receive justice, and hold those responsible accountable before the UN Assembly of State Parties. The International Criminal Court (ICC) and Specialized Human Rights mechanisms should also be dispatched to address these concerns.

Finally, we urge the African Union (AU) to immediately withdraw its support for Kenya’s bid. Instead, the AU should leverage its Commission on Human and Peoples’ Rights (ACHPR) and the African Court of Justice to ensure effective remedies and prevent future violations.

Signed

Kenya Human Rights Commission (KHRC)

Center For Memory and Development

Democracy Without Borders Kenya

Grace Agenda

Kariobangi Paralegal Trust

Mazingira Institute

Muslims for Human Rights (MUHURI)

National Coalition For Human Rights Defenders

Usalama Reforms Forum

For decades, Civil Society Organizations in Kenya have been the backbone of our nation, tirelessly safeguarding democratic values and principles, amplifying the voices of vulnerable communities, promoting transparency and accountability, and ensuring the rights of all Kenyans are upheld. Their contributions have been instrumental in our nation's growth and stability, and their efforts have consistently upheld the principles of justice and democracy.

In the last three months, civil society and the media have engaged robustly in pushing for public finance management accountability, including public debt, protection of human rights, especially freedom of expression and the right to assemble, including protest, active citizenship, end of extrajudicial executions, enforced disappearances, abductions, and even theft of public resources.

Kenyans share these concerns and are now pushing for an accountable government at all levels, especially the executive and legislative arms. The continued neglect of the need for an accountable and transparent government that respects and values the voices of the people of Kenya is the reason for the continued protests across several parts of the country.

Against this background, we are deeply concerned by the recent letter from the Government of Kenya implying that CSOs fund and support unlawful behaviour and unruly protests, which starkly contradict our work. We categorically repudiate these unfounded accusations and reiterate our call for the government to remain true to the constitution and protect independent civil society organisations and media in Kenya. CSOs have been instrumental in Kenya’s development and play a pivotal role in protecting human rights, upholding the rule of law, promoting good governance and fostering social and economic progress.

We unequivocally condemn any unlawful acts during protests. The allegations that CSOs are complicit in promoting illegal activities are false and undermine the invaluable work they do to strengthen our society and are aimed at tarnishing the perception of CSOs to the citizenry we serve. In recent months, CSOs have risen to initiate rapid response interventions to meet the pressing and overwhelming needs and concerns of Kenyans affected by the crisis through providing legal aid for those arrested or abducted, medical assistance for those injured, and psychosocial support for individuals and families affected. Furthermore, they have continued to amplify advocacy on the human rights and governance concerns presented by Kenyans. These
actions, which CSOs have championed over a long period, should not be misconstrued as support for the acts of lawlessness and violence meted against Kenyans and which CSOs have consistently called out all through the protests.

The suggestion that young people, particularly the GenZ, are being funded to speak up and use their voices devalues their genuine contributions to Kenya's development. Young Kenyans have shown remarkable dedication and initiative in advocating for positive change. Their voices are not just essential but inspiring in shaping the future of our nation, and they deserve to be heard and respected.

We are alarmed by the unprecedented violent crackdowns, abductions and disappearances of Kenyans who have expressed concern over the state of governance and human rights in Kenya. We see the CSOs as an extension of the ongoing general repression against civic space and human rights defenders. In recent weeks, prominent human rights organisations in the country have been subjected to an increase in acts of intimidation, harassment, and threats by the authorities, as well as threats against partners that fund their human rights work. These attacks and threats have also been unleashed upon the media and individual journalists.

We call upon the government and all stakeholders to protect the Kenyan civic space. CSOs must be allowed to operate without undue interference or baseless accusations. The constitution of Kenya guarantees the right to peaceful protest and freedom of expression. These rights must be protected and honoured, not only for CSOs but for every Kenyan.

We reiterate the calls from young people and other advocates for the Constitution of Kenya to be followed to the letter. Unlawful actions by goons, police, and other state agents must cease immediately. We demand strict accountability in the budget-making process, a thorough constitutional audit of public debt that has impeded service delivery, and the interdiction and prosecution of all people accused of corruption and theft of public money. The rule of law is paramount, and all parties must be accountable for their actions.

In conclusion, we reaffirm our unwavering commitment to supporting democracy, human rights, and the rule of law. We stand in solidarity with the civil society organizations that continue to champion these values, and we urge the government to recognize and respect their indispensable role in our nation’s progress. In closing, we continue that Kenyans stay woke and continue their role as active Citizens as the people with direct power on the affairs of the Kenyan state and, in turn, call on the government to keep all channels for direct participation of the people open even when they are cause discomfort to those in authority.

Name the organisations

1. Action Aid International Kenya
2. Africa Centre for Open Governance (AFRICOG)
3. African Forum for Debt and Development (AFRODAD)
4. Amnesty International Kenya
5. Article 19 Eastern Africa
6. Badili Africa
7. Bajeti Hub
8. Centre for Enhancing Democracy and Good Governance
9. Centre for Rights Education and Awareness (CREAW)
10. CRAWN Trust
11. Civic Freedoms Forum (CFF)
12. Christian Aid International Kenya
13. Coalition for Grassroots Human Rights Defenders
14. Community Aid International
15. Democracy without Borders - Kenya
16. Emerging Leaders Foundation
17. End Femicide-KE Movement
18. Feminists in Kenya
19. Federation for Women Lawyers Kenya (FIDA Kenya)
20. Human Rights Watch
21. Initiative for Equality and Non-Discrimination
22. International Commission of Jurists Kenya
23. International Medical Legal Unit
24. Inuka Kenya Ni Sisi!
25. Institute for Public Finance Kenya
26. Kenya Human Rights Commission
27. Law Society of Kenya
28. Mzalendo Trust
29. National Coalition for Human Rights Defenders
30. NAWI Collective
31. Open Institute
32. Siasa Place
33. SDG Forum Kenya
34. Shield for Justice
35. The Institute for Social Accountability
36. Transparency International Kenya
37. Tribeless Youth
38. Trust Africa

The ongoing heavy rains have occasioned massive floods and unprecedented disasters in the form of loss of lives, injuries, and destruction of properties and infrastructure. Such calls for collective, responsive actions to foster the people's safety and dignity.

Against this background, the government of Kenya ordered residents within "high-risk fragile ecosystem areas" to vacate immediately or within 24 hours on Thursday.

It claimed it would evacuate, relocate and protect the exposed communities from the devastation of ongoing floods.

But it became a driver of gross injustice and unwarranted violence, specifically targeting the poor in the people's settlements.

Even before the government’s deadline elapsed, and without sufficient notice or proper consultation, bulldozers descended on the Mukuru Kwa Reuben and Kiamaiko areas in Nairobi in a case of forced and arbitrary eviction that left thousands of locals homeless.

Yet, more affluent neighbourhoods that flooded even more and sat on riparian land were left untouched, highlighting a selective, punitive, and discriminatory expedition.

The demolitions and forced evictions happened against the backdrop of systemic and arbitrary displacements that continued to target indigent communities in Kenya over the years.

The regime, aiming to appear "responsible," did not offer alternative shelter for the affected families but insisted that they move to "higher ground."

The ongoing evictions contravene our constitution, the United Nations Guiding Principles on Evictions, the United Nations Guiding Principles on the Assistance and Protection of IDPs, and the latest cabinet’s decision to relocate and evacuate affected families humanly.

Indeed, forced evictions of this nature are prohibited in all circumstances for grossly violating fundamental rights and freedoms, including the rights to adequate housing, food, water, health, education, work, security, human dignity, fair administrative action and freedom of movement.

The timing of this action by the Kenyan State is deeply callous and barbaric: the rains are pounding, infrastructure is destroyed, there is no alternative shelter, and schools are about to open, yet students don't know how they will report back.

This regime must begin by identifying alternative shelters for all the people at risk of being swept by the floods. The evictions must not bring more harm and exposure to the people. Where evictions have happened, victims must receive adequate compensation, reparation, and access to housing.

We also caution the public against dangerous maneuvers that may put their lives at risk, like crossing or driving through flooded roads.

Signed:

Kenya Human Rights Commission (KHRC)

Mazingira Institute

Social Justice Center Working Group

We begin this press conference with a message of solidarity and encouragement to all those who have lost their jobs in the nascent gig economy comprising supplies, delivery, outsourcing and ride-hailing due to shutdowns, bad labour practices, and lack of much-needed government protections. We urge the President, Parliament, the Ministry of Labour and Social Protection, the Directorate of Immigration Services and all other duty-bearers to act with speed to safeguard the best interest of all the affected workers in accordance with the Kenyan law.

In line with the above, we wish to state as follows:

WE BELIEVE that digital platform work represents an emerging and important aspect of the future of work. However, we also note that the rapid transformations in the labour marketplace are happening in a context that lacks the proper regulatory frameworks and/or weak enforcement mechanisms to ensure these transitions do no harm to the rights of parties involved, and that businesses do not violate the labour and related human rights of workers in their countries of operation.

WE ARE AWARE of several legal disputes lodged in the Kenyan courts in the past few months, including one in which more than one hundred and eighty (180+) online Content Moderators working for Facebook and Sama its sub-contractor in Kenya have sued the two companies for unlawful and unfair dismissal;

WE BELIEVE that just like the mass termination of hundreds of Facebook workers in Kenya, the sudden closure of some accounts for Remotasks and Jumia Food delivery services highlights the vulnerability of workers in this emerging realm of work, and especially those who depend primarily on such digital platforms work for their livelihood.

WE APPRECIATE that in a country grappling with significant levels of general unemployment (approximately 13%) and more specifically youth unemployment according to the 2019 census (approximately 39%) these digital platform jobs, including by companies and platforms such as Facebook, YouTube, Instagram, WhatsApp and TikTok are increasingly providing important opportunities for many young people in Kenya, Africa and elsewhere in the world to earn a living and economic sustenance.

HOWEVER, questions remain about how to ensure a safe, empowering and dignifying work environment for digital platform workers including fair compensation and equal pay for equal work, labour mobility across countries and new dynamics about the treatment of digital workers doing digital platform work away from their home countries. More importantly, we know that digitalization of labour platforms has serious implications for the rights of workers to organize and unionise.

IN VIEW OF THE ABOVE, WE ARE DEEPLY CONCERNED WITH:

1. The Government of Kenya’s focus on the idea of ALL and ANY digital jobs without evident consideration for safeguards to protect the dignity and human rights of the Kenyan workers in this new realm of employment;
2. The absence of clear and comprehensive framework for the protection of digital and platform workers’ rights including access to the right information, and fair and humane treatment at all times;
3. Lack of transparency and/or intentional misinformation during recruitment for digital platform jobs, and intentional targeting of vulnerable groups for exploitation under the guise of ‘expanding opportunities.’
4. Significant, unreasonable and unconscionable disparity in salaries, wages and benefits between digital platform workers in Kenya and their counterparts in the rest of the world;
5. Inability of, and/or unwillingness of foreign-owned Business Process Outsourcing companies to prioritise the well-being (especially mental health) of their workers and provide adequate support for those in need;
6. Increasing impunity and violation of the laws of Kenya, including violation of lawful Court Orders by foreign companies under the watch of the EPZ Authority;
7. Senior government officials’ appearances with, patronising of, and seemingly subtle endorsement of, and solidarity with foreign companies that are in violation of worker’s rights and lawful court orders. In particular, we believe that the President’s visit to Sama on February 27 with Ethiopia PM Abiy Ahmed at a time when the company is facing court cases over worker exploitation, human trafficking, and modern slavery sends a wrong signal.

SUBSEQUENTLY, WE DEMAND THE FOLLOWING:

1. That ALL companies offering work in the digital platform work space in Kenya conducts a self-assessment of their operations to ensure they operate within the laws of Kenya;
2. That the Business Process Outsourcing (BPO) Association of Kenya and the Kenya Private Sector Alliance (KEPSA) hold their membership accountable for compliance in the spirit of self-regulation, and take steps to censure errant members for violations;
3. That the EPZ Authority conducts and publishes a comprehensive compliance audit of all foreign companies in the digital platform work space in Kenya;
4. That Parliamentary Committee on Labour commences investigations on the conduct of foreign companies operating in the digital platform work space in Kenya for unethical, discriminatory practices, including claims of union busting behaviour; as well as ensure formalisation of the gig economy
5. That the Central Organisation of Trade Unions (CoTU) continues to stand in solidarity with all and any workers within the Republic of Kenya, and to offer support, solidarity and advise;
6. Full adherence to Chapter 4 of our constitution and the labour laws in this country.
7. That all demand for greater transparency and accountability from online task platforms operating in Kenya.

Ends...

ABOUT PROJECT~ETHER
Project~ETHER is a Knowledge-Dialogue-Action project that exists to promote the realization of a safe, dignifying and human rights compliant labour market in the tech and related sectors in Kenya and the region.

Signed

Siasa Place

Kenya Human Rights Commission (KHRC)

The Youth Agenda

Kariobangi Social Justice Center

Civil society organizations in Kenya have noted with concern the government’s policy to begin exclusively issuing new ID applicants and people seeking to replace lost IDs with the new digital ID, Maisha Card despite the project’s serious design irregularities and exclusion concerns.

On February 23, 2024, the Principal Secretary for the State Department for Immigration and Citizen Services, Ambassador Julius Bitok announced the government’s plans to accelerate the issuance of the new generation National Identity Cards, known as Maisha Cards.

PS Bitok’s announcement followed the lifting of a court order that had suspended the implementation of the digital identity project known as Maisha Namba. Katiba Institute had filed a case with the High Court challenging the legality of the Maisha Namba project, but the matter has now been transferred to the constitutional and human rights division of the High Court for hearing and determination. It is because of this transfer to another division of the court that the interim order halting the rollout of Maisha Namba was lifted.

Another civil society organization, Haki na Sheria Initiative has also filed a petition with the High Court challenging the constitutionality of Maisha Namba.

We, civil society organizations, acknowledge and commend the High Court’s swift decisions, first to issue interim orders suspending Maisha Namba and secondly to transfer the Judicial Review case on Maisha Namba to another division of the court. However, we urge the government not to interpret this transfer of the case as consent to begin implementing the adoption of Maisha Namba before the full determination of the cases and putting in place reforms and safeguards to address the weaknesses of the system.

While announcing the pilot phase of the Maisha Namba project on November 1, 2023, PS Bitok had noted that the trials aimed to identify gaps with the digital ID system before the official launch across the country and had informed the public that transitioning to the new generation national IDs, Maisha card, would take a period of 2-3 years.

Further, the government has also maintained through several media briefs and in consultations with stakeholders that digital identity would not be mandatory. However, the government has now spurned the printing of the second generation national identity cards to exclusively issue Maisha Cards. effectively forcing all Kenyans seeking IDs to sign up for Maisha Namba.

This raises the prospect of Maisha Namba grievously disrupting people’s lives and having a profound impact on equity and access to ID cards for many Kenyans, particularly for the about 5 million people, who are indiscriminately locked out of or delayed in obtaining national ID cards due to discrimination and millions more who face obstacles like cost or being in rural areas far from registration centers.

It could also create a situation where the Maisha Namba digital ID becomes mandatory to access public and private services as was the case with Huduma Namba. This would disproportionately disadvantage those who don’t have Maisha Cards.

Moreover, given that multiple cases challenging the constitutionality of the Maisha Namba project are still due for hearing and determination before court, any court decisions declaring the project unlawful would have a serious effect on people’s ability to acquire nationality documents.

For instance, between December 2023 and February 2024, an estimated 600,000 Kenyans who had applied for IDs could not access their ID cards because the government began issuing only Maisha Cards to applicants, in violation of court orders. The few people who were lucky to obtain the Maisha Card also struggled to use it. Had the government put in place complementary measures including maintaining issuance of the current national ID cards, this problem would have been averted.

We note that the challenges Kenyans have already witnessed, barely three months into the pilot phase of Maisha Namba project, demonstrate how rolling back the harm and risks, not to mention the loss of public funds, would be almost impossible once the project is adopted.

We are also concerned that Maisha Namba does not address well documented flaws under the previous Huduma Namba project and the current citizenship processes that actively discriminate against minority and marginalized communities in Kenya. For the people who face challenges, such as ID vetting, distance or accessibility challenges, or even lack of digital infrastructure, in accessing nationality documents the risk of exclusion is heightened.

As a result, people who currently lack documentation such as birth certificates or ID cards will be unable to access the benefits of Maisha Namba as it will be issued based on existing population databases. Other major questions on the Maisha Namba eco-system including lack of a comprehensive legal framework, lack of public participation and consented opt-in, privacy and data protection concerns also loom large.

The Maisha Namba digital ID legal framework was created through the gazettement of regulations inserted to the Registration of Persons act and the Births and Deaths Act. This was not subjected to public participation as the constitution mandates.

The Maisha Namba Ecosystem as proposed also presents privacy concerns particularly by proposing a centralized digital ID system, which without regulatory safeguards are vulnerable to surveillance or unauthorized access by third parties.

Considering these challenges ushered by the rollout of Maisha Namba, we would also like to urge the government to reverse making digital ID mandatory and instead focus on voluntary enrollment through civic engagements and public awareness to secure buy-in from various segments of society, put in place a comprehensive legal and data protection framework to govern Maisha Namba, develop a transition trajectory, and prioritize those who lack documentation and guarantee their inclusion by ensuring they are issued with identity documents before the project is implemented.

Signed By:
1. Nubian Rights Forum
2. Kenya Human Rights Commission
3. Article 19 Eastern Africa
4. Centre for Minority Rights Development (CEMIRIDE)
5. Namati Kenya
6. Defenders Coalition
7. Haki na Sheria Initiative
8. Access Now
9. Protection International - Africa
10. Haki Centre