Civil Society Position on the East African Court of Justice Judgement on Indigenous Land Rights of the Maasai Community in Tanzania
On 30th September 2022, the East African Court of Justice (EACJ) dismissed a case (Reference No. 10 of 2017) brought against the Tanzanian government by four Maasai villages who sought recourse for violent evictions and burning of homes in Loliondo by the government in 2017. The case which has continued to make headlines, was brought forward after violent government-led evictions in Maasai villages, which border Serengeti National Park (SNP) to the west. Of concern, the evictions of the Maasai from their lands have been encouraged by international conservation organizations, which have always portrayed indigenous communities as a threat to conversation. In it’s judgement, the court determined that the witnesses failed to prove the evictions took place outside Serengeti National Park’s borders, and that testimonies about violent evictions relied on “hearsay.” On the two bases, the Court determined that there was insufficient evidence from the applicants to demonstrate that they were evicted from village land, and not from the Serengeti National Park.
The Court totally paid a blind eye to the illegal arrests, shootings, and displacement suffered by the applicants including women and children; but instead glossed over the compelling multitude of oral and Affidavit evidence tendered by the villagers; and the incontrovertible evidence of the Expert Witness, a respected and accomplished Geo-Spatial Expert, on the mere basis that he was a Kenyan and had not sought a work permit to undertake surveys in Tanzania, which is not true position. Infact, the community was forced to hire another expert after the previous Tanzanian expert whom they had contracted eventually dropped off following continuous intimidation from the state machinery.
The community was evicted from their land in 2017, after which a heavy military presence was deployed in the area to prevent accessibility. Apart from the testimonies, how else did the court expect the community to demonstrate they were evicted from their village lands? What other proof of ownership did the court require beyond the erected beacons?
Noteworthy, the Universal Declaration on the Rights of Indigenous Peoples declares that indigenous peoples have the right to the full enjoyment of all human rights and fundamental freedoms as recognized in the UDHR, and international human rights law. The Declaration goes
on to guarantee the rights of indigenous peoples to enjoy and practice their cultures and customs, and their religions. In addition, the UN Framework and Guiding Principles on Business and Human Rights, provides a global standard for states and corporates to prevent, address and remedy human rights abuses.
When national mechanisms fail, it is expected that independent regional and international mechanisms shall guarantee accountability and justice for all by holding state accountable for violations. However, this decision by the East African Court of Justice sets a dangerous precedent by sanitizing state impunity, and sends a message that governments can trample on human rights without being held accountable. The court’s failure to hold the Tanzania government accountable for gross violations not only throws it's integrity into question; but is also a travesty for all indigenous communities; especially to the more than 30,000 families who have lost their loved ones, property including land, homes and livestock; and still reeling from physical and psychological wounds inflicted on them by the very government that is supposed to protect them. In its decision, and even in its conduct of postponing the judgement on the matter severally raises serious eyebrows on the integrity of the court.
Since its withdrawal from the African Court on Human and People’s Rights in 2019, a human rights crisis that has been building in Tanzania consequently threatening the country’s stability and democracy. Reports by Amnesty International indicate that Tanzania has had the highest number of cases filed against it and judgments ruled against it by the African Court. By September 2019, 28 decisions out of the 70 decisions issued by the court were on Tanzania. Infact the Government of Tanzania was in contempt of court when it further conducted violent evictions in June 2022, despite court ordering it to stop all activities pending judgement on the matter. Recently in September 2022, the European Parliament expressed its grave concerns about the human rights violations in Uganda and Tanzania linked to investments in fossil-fuel projects including the wrongful imprisonment of human rights defenders and the eviction of hundreds of people from their land without fair and adequate compensation.
Reports by Oakland institute highlight that the Ministry of Tourism and Natural Resources has indicated the area occupied by the Maasai has been identified as a potential game reserve which will certainly exacerbate evictions of the already affected community. The Suluhu administration needs to understand that when a government recklessly violates the rights of its citizens, international scrutiny and action is paramount. This growing hostility towards human rights coupled with cynical attempts to evade accountability will not be tolerated. Blatant abuse of human rights cannot be justified in the name of conservation to and to benefit safari companies, such as Boston-based Thomson Safaris and the UAE-based Otterlo Business Company, which runs hunting excursions for the Emirati royal family. This is an outright contravention of the text and spirit of local legislation including Tanzanian Land Act, Village Land Act, Wildlife Conservation Act; as well as regional, and international human rights instruments including the East African Community Treaty, African Charter on Human and People’s Rights, Universal Declaration on Human Rights (UDHR), International Covenant on Civil and Political Rights, International
Covenant on Economic Social and Cultural Rights, and Convention on the Elimination of All forms of Racial Discrimination which are all premised on the respect for fundamental human rights and freedoms.
We hereby:
- DEMAND for IMMEDIATE and UNCONDITIONAL release of the 24 Maasai elders who were arbitrarily arrested in June 2022 and remain illegally detained to date for taking a bold stand to oppose the illegal government evictions.
- CALL upon the international community including local, regional and international civil society to join us to exhaust every possible avenue TO HOLD THE TANZANIA GOVERNMENT ACCOUNTABLE.
- CALL upon the international community to EXERT MAXIMUM PRESSURE on the relevant companies as well as Tanzanian authorities including imposing ECONOMIC SANCTIONS to guarantee respect and protection of indigenous land rights.
- We DEMAND that the government of Tanzania CEASE AND DESIST from any further violations and undertakes to commit to using the best available means to provide reparations to preserve the dignity, culture, and future of the communities affected and to explore alternatives in line with its international and regional treaty obligations.
- We CONDEMN EXCLUSIONARY AND MILITARIZED CONSERVATION approaches that
restrict access to critical resources without providing for equal or better alternatives thus undermining enjoyment of fundamental human rights and freedoms. WE DEMAND that indigenous communities MUST be at the centre of global conversation efforts.
Kenya Human Rights Commission Questions Absence of Political Goodwill in the Fight Against Graft
Kenya has over the years performed poorly in international ranking on corruption with the recent 2021 corruption perception index placing the country in position[1] 128 out of 180. Despite numerous statutory legal frameworks in the fight against corruption, over 40 corruption scandals were reported in the last 10 years alone with little done by former regimes to comprehensively hold to account those implicated. In addition, Ethics and Anti-Corruption Commission (EACC) indicates that the country loses approximately Kshs. 608 billion annually to the graft which translates to 7.8 percent of the GDP. The above trend is obviously worrying and to any concerned citizen, the government must prioritise the fight against corruption if it’s to achieve optimal development to steer the economy upward.
Corruption happens at all levels of society, in big and small affairs, manifesting itself in numerous ways including bribery, embezzlement, extortion, and money laundering, as well as conflicts of interest, the trading of influence, the abuse of functions, and the obstruction of justice[2]. Notably, innumerable graft cases reported in Kenya have involved public officers across different sectors and thus, safe to say public offices are a hotbed for corruption. The Constitution of Kenya is instrumental in the fight against corruption; Chapter Six provides for Leadership and Integrity, Article 10 provides for National Values and Principles of Governance, and last but not least Article 232 on Values and Principles of Public Service.
Based on the foregoing the fight against corruption largely featured in the 2022 elections campaign with all the four presidential aspirants and their deputies committing in public to fight the vice should they be elected to office. Obviously, there can be only one winner and at the end of what was a highly contested election, we have The Kenya Kwanza government in place. Barely a week into office, The Kenya Human Rights Commission’s attention has been drawn to the unprofound, reckless, and laissez-faire attitude of the top leadership in the fight against corruption pointing to a wrong start as far as the fight against corruption is concerned. Without a doubt, this move if not curtailed will result in continued economic regress subsequently denying ordinary citizens the opportunity to enjoy the socio and economic rights envisaged in the Constitution.
We, therefore, condemn in the strongest terms possible the utterances by the Deputy President, Mr. Rigathi Gachagua on September 15, 2022, directed to the office of the Director of Criminal Investigation during the Governors and Deputy Governors induction meeting in Mombasa. We call it for what it is: a scathing attack on an independent institution, abuse of office, misuse of power, and breach of the Constitution that he recently took an oath to uphold.
The office of the Directorate of Criminal Investigations just like all the other institutions and commissions of this stature is by law permitted to conduct its business with full autonomy including investigating graft cases/suspects despite their authority or position in government. The Deputy President has therefore no right to dictate how the office should carry out its responsibilities. The sanctity and independence of investigative agencies are critical in the war against graft, and we urge all Kenyans to reject any suggestions or proposals that elected leaders to be given preferential treatment in the event of graft implications. The fight against corruption is multifaceted requiring concerted efforts from the presidency, oversight agencies, law enforcement agencies, and adequate funding to successfully win.
Our Demand:
- That the Government commits to ensuring that oversight, investigative, and law enforcement agencies are robustly financed and given independence to discharge their duties without political interference.
- The fight against corruption is tenable and must be urgently prioritised in current government’s agenda
A Call for Political Maturity and Responsible Media Reporting during this Critical Stage of Tallying
In the last two days, Kenyans have been exposed to a continuous release of unverified election results, which has greatly escalated tension and anxiety around the country, most of which has emanated from mainstream and social media spaces propagated by the political actors. The above situation has further been exacerbated by the divergent live coverage of the presidential results tallying by the mainstream media which has caused confusion, anxiety, fear, unrest and in extreme cases, violence. The different sequencing of results in at least five (5) media houses has continued to display varying provisional results which can be construed to be in favour of the party seen to be leading on their platforms. Media houses also have a responsibility to educate the public, particularly in this sensitive environment. Publication of media houses’ tallying results must be accompanied by transparent, accessible, user-friendly information to the public on how these results can legitimately be interpreted. This should include easily visible information on timelines of the results, and the numerical coverage in terms of how many votes the results being reported have tallied. At all times, media must be at pains to inform the public that these periodic updates do not constitute final declarations on who has won the elections.
Social media has been awash with false information relating to the results of the elections which has not only caused massive tension, and division amongst the more than 23 million internet users in Kenya but has the potential to spark violence as has been witnessed in some parts of the country. According to the Office of the Director of Public Prosecutions (ODPP), there have been 74 elections-related cases reported, out of which 9% relate to publication of false information. We call on all institutions to uphold the constitutional rights of Kenyans, in this case, to freedom of expression: the DPP cannot be the arbiter of what Kenyans are allowed to say or not say.
We are deeply concerned over the premature preparations of purported presidential “victory” celebrations made by the leading political parties as seen on both mainstream and social media platforms. The Angaza Movement calls for political maturity from everyone including the citizens and political leaders and their followers. Kenya has had to deal with a history of political violence and conflict in several parts of the country associated with inter political disagreements and intransigence. With palpable tensions increasing as a result of the projection of wins by the 2 lead political parties and their followers, we are now caught up in an environment of strong partisan positions that may overshadow an opportunity for both patience and tolerance. We further urge the IEBC to appreciate the political historical context around elections and therefore the need for constant update on the tallying process, to reassure Kenyans on the status of the count.
The Constitution of Kenya, 2010, has placed a responsibility on Kenyans to exercise and protect the rights contained within it; it is only by actively and responsibly exercising these rights that they will achieve the full promise of the constitution. There also exists a legal framework for counting, tallying, verifying and announcing election results and the IEBC must follow that law. The IEBC remains the authority on the final declaration of the results.
We therefore demand that:
- The political parties and their allies refrain from raising tension through premature and careless pronouncements of purported and unverified winners with immediate effect.
- We urge social media platforms to continue carrying out their mandates in regulating content, while the public on the other hand should exercise their civic responsibility and refrain from making unsubstantiated claims on the ongoing tallying of results.
- Kenyans everywhere assume their civic duty to critically assess unfounded claims of victory with the necessary vigilance
- The Media Council of Kenya speeds up the consultation process towards commonly accepted best practices on the relaying of results by media houses as indicated on their press statement dated August 10, 2022, considering the environment that they are working in.
- Kenyans continue to exercise patience and to uphold peace as the IEBC concludes the tallying process.
Civil Society Comment on Kenyatta University Land Question
Kenyatta University is one of the leading universities in Kenya, a distinguished center of excellence which prides in developing, nurturing and mentoring some of the world's top scholars, researchers and experts in diverse fields. It is a body corporate registered under the Universities Act, thus can own property in its own name. The university which is the registered owner of a parcel of land LR NO.11026/2 risks losing more than 400 acres of its land to a state orchestrated scheme of land grabbing veiled as acquisition for supposed public interest.
On 4th July 2022, the Head of Public Service, Mr. Joseph K. Kinyua issued a directive to the Kenyatta University Vice Chancellor, Professor Paul Wainaina to surrender to the Ministry of Lands and Physical Planning the Title Deed for Kenyatta University parcel of Land LR. No. 11026/2 for excision on the said parcel in the following manner:
- World Health Organisation- 30 acres
- Africa Centre for Disease Control- 10 acres
- Kenyatta University Teaching, Referral, and Research Hospital ( KUTRRH)- 180 acres
- Ministry of Lands and Physical Planning- 190 acres to facilitate resolution of the Kamae Scheme.
Neither the University Vice Chancellor Professor Paul Wainaina nor the council was involved in the conversation leading to the decision to hive off a portion of the land despite them being the custodians of the land. Further the University has a detailed master plan which details how it intends to develop every inch of the land. The decision to alienate land from the University is therefore illegal, unconstitutional, and unprocedural; and speaks volumes of the height of state capture that is the heart of land administration in Kenya, which has hindered the realization of the much needed reforms and justice in that sector. The University Council has been victimized for resisting this criminality including the suspension of the Vice Chancellor, now reinstated after a legal battle, and sacking of the members of the University Council. We wish to applaud the Council for boldly standing tall in the face of impunity.
Continued encroachment through presidential directives to subdivide the Kenyatta University land can be traced to 1984 where a group of 670 squatters invaded part of the land and caused 30.82 acres excised for establishment of Kamae scheme. Recently In the matter of Kimani Mbugua and others vs. Kenyatta University of ELC no. 1460 of 2002, the court
upheld that the squatters have no rights of the title of possession to Kenyatta University land. The absurd insistence by the Cabinet to reward fraudsters at the altar of political expediency through the intended excision of 190 acres for the ostensible resettlement of these illegitimate squatters is baffling and certainly sparks more questions than answers.
These illegal sub divisions threaten the advancement of education for the next great generation of Kenyan leaders. Further it is an attack on the sanctity of the 2010 constitution and relevant legislations and policies which lay fundamental principles of governance; and transparent, cost-effective administration of land. It is despicable for the cabinet to make such a unilateral decision without the involvement of the Council and the public. Infact it is the sole mandate of the National Land Commission to undertake compulsory acquisition of land, yet they have maintained stern silence on the matter. It is this culture of impunity demonstrated by irregular acquisitions and allocations of land that has put Kenya at the crossroads of unresolved historical and current injustices. The unfolding events in Kenyatta University paint a vivid picture of executive overreach, and how it continues to stealthily erode our democracy, with coordinated draconian mechanisms to silence those who speak out against it. The civil society is greatly appalled by this culture of impunity which continues to be perpetrated by state cronies to suppress and undermine the rule of law and hereby DEMANDS the following:
- That the government HALTS any developments and sub-divisions on the land pending the determination of ELC Petition E029/2022.
- That the government STOPS the unethical and completely shameless harassment of Kenyatta University staff as well as deploying a more compliant administration to facilitate the land acquisition.
- That the National Land Commission comes out to CONDEMN this illegality and implements its mandate.
- That students, Alumni and the public strongly come out, and CALL OUT the government for this illegality.
- That the Executive respects Constitutional commissions and the attendant legal processes.
- Need for public participation amongst stakeholders including dissemination of the contract between the World Health Organisation and the GoK.
- Enhanced coordination between government agencies. This culture of government agencies working in silos is extremely disheartening.
- That the Kenya National Commission on Human Rights and the Commission of Administrative Justice should COME OUT strongly to defend the right to education and fair administrative action under threat in this process.
-END-
SIGNED BY:
Kenya Land Alliance
Kenya Human Rights Commission
Katiba Institute
Mazingira Institute
Kenya Human Rights Commission, Nubian Rights Forum and NGO Data Rights Files Case Against Biometric Tech Giant IDEMIA in France for Failure to Consider Human Rights Risks
PARIS – Data Rights and their Kenyan partner organisations the Kenya Human Rights Commission and the Nubian Rights Forum (NRF) are suing IDEMIA, one of the leading biometric tech companies in the world, before the Paris judicial tribunal. The case alleges that IDEMIA failed to adequately address human rights issues in its vigilance plan. The claimants specify that the company did not undertake human rights due diligence in the course of its 2018/2019 contract with the Kenyan government to furnish technology to capture the population’s biometric data for the development of a national digital ID system in Kenya, so-called National Integrated Identity Management System (NIIMS) or Huduma Namba.
The claimants argue that NIIMS runs the risk of excluding already marginalized communities who struggle to register. At the same time, the centralised storage of data without proper checks and balances carries the risk of being exploited for new purposes, including surveillance. Despite these apparent risks to human rights, IDEMIA sold the enabling technology to Kenya without conducting proper due diligence as required under the French Due Vigilance Law.
“Under French law, companies like IDEMIA must identify adverse human rights risks that may result from their business operations and take mitigating measures,” said the claimants’ attorneys Henri Thulliez and Slim Ben Achour. “Looking at IDEMIA’s due vigilance plan, it is clearly lacking any considerations of the risks that the use of their technology entail.”
The claimants are asking the Parisian court to order that IDEMIA adequately assess the risks inherent in Information Technology System (ITS) products and design appropriate mitigating measures. Data Rights emphasises the need for tech companies to adopt proper and efficient human rights due diligence procedures, especially when entering business relationships with governments.
“Biometric digital ID systems are often seen as an efficient way to modernise the public sector, but if this is done without due regard to its human rights impact, it can cause more harm than good”, said Lori Roussey from Data Rights. “Any new biometric technology and personal data processing solution can be misused. Companies must pay particular attention to whom they sell their services to.”
Davinder Lamba appointed interim chair of Kenya Human Rights Commission
He has further taken time off from the Board of KHRC to focus on the Azimio Campaigns.
Once described as an “activist who bears scars of his battles like a badge of honour” , Davinder’s quest for justice stretches back to the early post-independence years making him one of the longest serving and most indefatigable activists in Kenya and beyond. It all began on February 25, 1969, when he was suspended from the University of Nairobi for organizing a protest against the cancellation of a public lecture by the doyen of the opposition politics in Kenya, Jaramogi Oginga Odinga.
The first Kenyan architecture student to pursue a master’s degree in environmental studies at the Toronto-based York University, Davinder has been the Executive Director of Mazingira Institute, one of the foremost and oldest civil society organizations (CSOs) established in 1978. During the pro-reforms struggles of the 1990s, Davinder was the Co-Convener of the National Convention Executive Council (NCEC). He has been the leader of the Operation Firimbi , an initiative focused on “whistle blowing” or exposing and confronting corruption and other governance excesses. He is also associated with many other progressive advocacy initiatives in the society.
Pamoja Tutetee Haki!
KHRC Board of Directors,
Thursday June 30, 2022.
Demand for Access to Information on Kenya’s Debt
Kenya Human Rights Commission & Wanjiru Gikonyo-V-CS National Treasury and Planning & Attorney General
Constitutional Petition /E179/2022
5 th May 2022
The Cabinet Secretary, National Treasury and Planning has been increasingly borrowing money on behalf of the national government and Kenyans, and has taken expensive loans bilaterally from States, international financial institutions, and corporations over the past decade.
The National Executive has also floated bonds both domestically and internationally as means of raising funds. However, the processes of borrowing through loans and raising sums through the floating of sovereign bonds has not been transparent as the Kenyan public is not involved in the process and is only left to rely on stories from the media.
Despite constitutional and legal provisions that require public disclosure of all aspects of public borrowing, the National Executive continues to operate in an opaque, and shadowy manner.
The Kenya Human Rights Commission (KHRC) and Wanjiru Gikonyo (the National Coordinator of The Institute for Social Accountability - TISA) have therefore filed a case at the High Court of Kenya in Nairobi seeking to compel the production of information on Kenya’s debt on treaties, agreements and contracts signed between Kenya and other States, and international financial institutions, or corporations.
The Petitioners sought to obtain the information from the Cabinet Secretary National Treasury and Planning through a letter dated 7 th February 2022, but the request has been ignored to date.
The Petitioners claim that the refusal by the Cabinet Secretary, National Treasury and Planning to provide information and documents relating to Kenya sovereign bonds and other loans is unconstitutional because it contradicts:
- Article 35 of the Constitution, that decrees that every citizen has the right of access to information held by the State.
- Article 201(a) which states that there shall be openness and accountability including public participation in (public) financial matters.
- Section 5 (e) of the Access to Information Act, which obligates public entities to publish on their websites or other suitable media any contracts they have signed.
- The principle of rule of law captured in Article 10 of the Constitution, which obligates that any treaties ratified by Kenya must be publicly available as items of domestic law.
- The principle of public participation which is assaulted when the State denies the public information through which they can meaningfully participate.
The overall concern that triggered this litigation is that the Cabinet Secretary, National Treasury and Planning continues to borrow in the name of the Republic of Kenya without being accountable to the public and without availing documents related to the borrowing to the public.
Government borrowing continues to present a concern as it has contributed to an uproar among the public owing to the ever-increasing cost of living. The obligation to avail these documents to the public is paramount since it is a constitutional and democratic requirement for citizens to engage actively and meaningfully on public finance and debt matters.
As our next steps, we welcome commentary opportunities, through the media, on the concerns raised, and are available to provide evidence-based reports to be used as news sources across all platforms.
Please find a link to a Citizen Manifesto that we worked on, expounding in detail the concerns and demands that we feel affect the Kenyan Citizen.
###Okoa Uchumi Campaign###
The Okoa Uchumi campaign is a civil society initiative committed to the goal of accountability in Kenya’s public debt management. The campaign is informed by the dire state of our debt management which has been marred by opacity, mismanagement, and flagrant violations of public finance requirements, which have contributed to the present economic crisis and debt trap.
For any inquiries please contact:
KHRC on Tel: +254 729 752 804 or Email: press@khrc.or.ke
TISA on Tel: +254 20 444 3676/ /+254-757 129700 or Email: info@tisa.or.ke
Protecting integrity and accountability in Kenya’s elections
On Friday, January 21, 2022, the Independent Electoral and Boundaries Commission (IEBC) officially gazetted Tuesday, August 9, 2022 as the date of the third General Election under the Constitution of Kenya, 2010. In releasing the elections calendar the IEBC sought to assure Kenyans that the up-coming General Election would be free, fair and credible as required by the Constitution.
In the run-up to the 2022 General Elections, we, The Angaza Movement (TAM), a national and grassroots collective of active citizens and Civil Society Organisations, are deeply concerned about the state of preparedness among critical institutions charged with the management of elections, their capture by various State and sectarian interests, and the entrenched culture of impunity.
Every election in Kenya has been bungled since 2007. Kenya is still burdened by unresolved putative elections, which has deeply undermined public confidence in the integrity of the electoral process. The underwhelming performance of the IEBC in the ongoing registration of voters, compounded with a perennially problematic voters register does not inspire confidence that the election will be free, fair or credible. We are deeply concerned that IEBC has deliberately refused to learn from the dismal performance of the Enhanced Voter Registration last year. There is no evidence that it has engaged the National Registration Bureau to satisfy itself that the delayed release of identification documents is not suppressing voter registration. Voter registration is being carried out in the absence of civic education and awareness and bottlenecks in accessing identity documentation could deny citizens their political rights.
The IEBC has papered over many of the legal and administrative changes the Supreme Court ordered in 2017 after nullifying the presidential election results on account of glaring illegalities and irregularities. The IEBC is hollowed out, and bereft of institutional memory because of unfilled vacancies in the commission and the secretariat. Many of the individuals who left the electoral management body in disgrace have been rewarded with appointments to sensitive positions that could affect the conduct of elections.
The arrant refusal by the state to adequately and timeously fund the electoral management body, inordinate delays in effecting appointments and last-minute changes to the law undoubtedly destabilise the context in which elections will be held.
The government has frustrated the electoral management body including denying the opportunity for any auxiliary elections funding from other development partners.
The fragile security around the country, characterised by incidents of violence in Baringo, Laikipia and Lamu counties and headlined regularly by extra-judicial executions, forced disappearances and a general breakdown in police discipline signal that the window for delivering a credible, free and fair election is shutting. Past elections have been determined by the use of violence against women and other vulnerable groups, with no accountability for sexual and gender-based crimes. SGBV has become a defining feature of political violence employed to curtail women’s participation in the country’s governance. There can be no free or fair election in a violent environment ring-fenced by impunity.
The IEBC, political parties, the legislature and the Executive continue to defy the Constitution and the courts to promote the inclusion of women, youth and persons living with disabilities. An election held in such a context cannot be said to be free, fair or credible.
The IEBC and other state agencies have deliberately refused to uphold and enforce obligatory integrity standards. It has failed or refused to underwrite democracy in political parties, which are publicly funded, by requiring them to meet the constitutional requirements of transparency and accountability in their political processes. IEBC and other institutions have bowed to political interests that suppress the good of the people, their safety, security and democracy.
The Angaza Movement believes that Kenya has the capacity to conduct free and fair elections. Chapter Six of the Constitution defines the standards for leadership and integrity. We are calling on every Kenyan citizen to do that which the IEBC and other state institutions have failed to do: Put integrity at the head of this election.
Mombasa, January 27, 2022.
Signed;
The Angaza Movement.
Kakuzi plummeting profits as a result of gross abuse of human rights
Kakuzi Plc came out publicly on 5th January 2022 to report a 25% profits dip in the last financial year. They conveniently associated these downward profits with low production of some of their products and global low market prices. The lingering reality, however, is that Kakuzi lost some of its biggest UK markets in the wake of media reports on its nefarious behaviour towards its host community and workers. Camellia, Kakuzi’s parent company, was sued in June 2020 in the English courts by 89 aggrieved community members who had allegedly suffered grave harm in the hands of its security guards. The alleged harm by the guards ranged from rape, killings, sexual violence and assault. It is for this egregious behaviour that Kakuzi continues to pay heavily; this time through a huge drop in its profits. This is in addition to more than Kshs. 600 million spent in compensation of the 89 claimants through an out-of-court settlement in February 2021 and as part of Kakuzi’s own legal fees. This is the truth that Kakuzi continues to conceal from its current and potential investors and the general public.
It should be known to Kakuzi that these market boycotts are likely to be sustained until all pending claims are addressed. This is the truth that Kakuzi will not accept, at least publicly. Piecemeal Corporate Social Responsibility (CSR) programmes are not going to restore its UK market, for instance. The responsibility to respect human rights is a global standard of expected conduct for all business enterprises wherever they operate. Kakuzi therefore ought to comply with all applicable laws and to respect human rights as well as address community grievances through functional policies and processes developed in consultation with the community.
We wish to reiterate that the aggrieved communities together with the Kenya Human Rights Commission and Ndula Resource Centre will not relent in their advocacy for corporate justice and accountability until all unresolved claims are addressed. Specifically, Kakuzi ought to:
- COMPLY with the decision of the National Land Commission of February 2019 directing the surrender (by Kakuzi) of ALL public utilities within ‘their’ land including schools, markets, police stations, hospitals, public roads of access, wayleaves and easements to national and county government as appropriate.
- RESOLVE all outstanding human rights abuses including workers’ rights and ALL claims of historical land injustices. Kakuzi, in consultation with the community, Ministry of Lands, National Land Commission and Murang’a County government; MUST undertake to resettle displaced communities back to their arable land.
- CEASE forthwith interference with community members and steering committees under the guise of ‘sensitization on Operational Grievance Mechanism.’
- OPEN with immediate effect access roads that continue to be closed despite a widely publicized commitment by Kakuzi to open 3 roads for community access. One year after Kakuzi’s promise to open the roads, only one road has been opened.
- CONSULT and INVOLVE host community and workers in the processes currently being undertaken in the company as part of the implementation of the out-of-court settlement. These include the establishment of the Operational Grievance Mechanism (OGM), the Independent Human Rights Advisory Council and the Technical Working Group.
- DECLARE the steps it has taken so far to develop and implement a human rights defenders (HRDs) policy. Public participation must be the bedrock of the policy as indeed the other processes listed above.
- ADHERE to international human rights standards and other frameworks that promote responsible business conduct.
The Kenya Human Rights Commission and Ndula Resource Centre will further initiate vigorous engagements with other Kakuzi markets to boycott any produce coming from Kakuzi until there is a demonstrable change in attitude and practice on the part of Kakuzi.
-END-
Signed by:
Kenya Human Rights Commission.
Ndula Resource Centre.