1. INTRODUCTION

The frequent and endless conflicts in the Mau region and along the borders of Narok and Nakuru counties have had multiple causes, triggers and actors that date back to the colonial  and post-independence regimes. Perhaps it is the intricate interests and political nature of this issue which have posited policy and practical challenges to the successive regimes from the 1930s to date. For the root cause of this conflict is attributable to the vested and contested ownerships of land which at one level manifests itself in the inter-communal animosities among the Maasai, Kipsigis, Ogiek and now Kikuyu communities occupying the expansive Mau ecosystem and its environs and between the said communities and the Government of Kenya (both at the national and county levels), as the latter tries to conserve the forest and resolve the land ownership questions. The most affected areas are Nasuet, Mariashoni, Ndoshua, Mauche among others.

Additional politics and conflicts are played in as the allocations in question somehow benefit connected leaders at different levels while others, want to either harvest political capital out of the situation or see threats and opportunities, as in reduction or increase in votes when evictions are being effected or boundaries are moved within the forest. Moreover, there has been lack of political goodwill especially when some political leaders’ distance themselves from the conflict while others are embroiled deeper into fueling the violence and conflicts in the area. Finally, there has been a failure to publish and implement the reports of government initiatives over related issues. It is on that basis that the search for the truth and possible solutions to this intricate problem has remained elusive.

For while it is believed that the Ogiek community were the original settlers in the eastern periphery of Mau Forest, there existed members of the Kikuyu community who were settled by the colonial government in the 1950s and were evicted from the forest, together with other workers from other communities, by the Moi government in 1988. However, the Ogieks were not affected by the eviction. In 1996, the government initiated a plan to provide land and titles to the Ogiek community, which paved way for other communities such as the Kipsigis, Turgen among others to acquire land through state-led allocations or purchases from the existing Ogiek owners.

In the process, there was illegal, irregular and entrenched occupation of the expansive forest which has become the basis for conflicts among the different communities, pushing for their land claims; as the government through the Kenya Forest Service, state security and administration apparatus advances evictions which have impacted on the said communities differently. There have been court actions by the different communities, striving to safeguard their land rights. For instance, there are matters initiated and canvassed by the Ogiek and Kipsigis communities.

The contention now is over the 2012 cut line that was created after the original one in 1997. This has affected the local communities in different ways both economically and politically. That means communities’ land and electoral rights have been shifted over time and space.

It has emerged that many people from the affected areas do not have any documentation of ownership of land.  All these have escalated endless tensions, threats and conflicts with the latest happening between July and August 2020. Such have occasioned many human rights violations as evidenced by injuries, deaths, wanton destruction of property; enforced disappearances, disruption of livelihoods and basic services. Moreover, communities have been blocked from accessing their farms and produce. There are also complaints of excessive use of force and trumped-up charges as the state apparatus affects the evictions targeting select persons and communities.   These coming in the midst of the novel coronavirus disease (COVID-19) and heavy rains in the country have created more exposures and injustices to the communities whose lives have remained fragile over time.

2. CALL FOR ACTION

While we appreciate the continued interventions by the government and other stakeholders in addressing the emerging and long term issues, however, critical gaps and unresolved issues remain. It is on the basis of these considerations and our commitments to foster truth, peace and justice and uphold human rights and public interest in the conservation of the forest that we propose the following actions. THAT:

1. The affected communities present an unconditional apology to the country and commit to peaceful, mutual co-existence and cessation of violence. The Government (through the provincial administration and the National Cohesion and Integration Commission) and civil society should immediately establish joint peace and justice committees and forums to foster honest conversations and durable solutions among the affected communities. We also propose the enactment of the Nakuru County Peace Bill and implementation of Nakuru County Violence Prevention Policy, especially on land issues.
2. The Task Force on the Mau Forest established in October 2018to investigate and address the land rights for the minorities should present its findings and recommendations with immediate effect. There is also a need to publish and implement the report of the Task Force established by the government under the leadership of Hassan Noor in 2009 to look into the land and water catchment issues within the Mau forest.
3. The government should set cut lines to isolate the land for settlement and forest through a consultative process and in consideration of all the legitimate claims of the affected communities. To that effect, the government and civil society should create an inventory of all the deserving communities within the region and provide the relevant land ownership documents.
4. The Government should provide the relevant services and facilities impacted by the ongoing conflicts and evictions. Such include affordable access to health, water, education, housing and food as espoused in Article 43 of the Constitution.  Communities should be allowed to access and harvest produce in their farms.
5. The government should cease operations which are likely to victimize communities for this aggravates the grievances. The Office of the Public Prosecutor (ODPP) should consider dropping charges perceived to be politically motivated and preferred against the affected communities.
6.  The Independent Policing Oversight Authority (IPOA) and Kenya National Commission on Human Rights (KNCHR) should consider investigations into the atrocities allegedly committed by the state security, administration and forest apparatus during the evictions and other operations.
7. The government in consultation with the civil society should develop and implement people and human rights centred guidelines for managing development induced evictions and displacements.  Moreover, there should be mechanisms to trace those who have disappeared and compensate the loss of bodily integrity, lives and properties.
8.  The Director of Criminal Investigations (DCI) should investigate and prosecute the political elite allegedly inciting and dividing communities involved in this and other delicate situations.
9. To end the culture of grabbing land earmarked for communities or public utilities, the National Land Commission should repossess the land that was illegally and irregularly acquired by the undeserving elite. Other complimentary justice mechanisms should be initiated.
10. The communities and state and non-state actors involved should consider conversations towards resolving the matters before courts and dealing with policy gaps which have perpetuated the conflicts and violations at hand.

FINALLY AND IN THE WORDS OF OUR NATIONAL ANTHEM: “MAY WE DWELL IN UNITY, PEACE AND LIBERTY; JUSTICE BE OUR SHIELD AND DEFENDER”.

Signed by:

Kenya Human Rights Commission (KHRC).

Mid Rift HURINET

Centre for Enhancing Democracy and Good Governance (CEDGG)

Freedom of Information Network (FOI)

Representatives from the Kipsigis, Ogiek and Kikuyu communities

Dated:  Thursday, September 3, 2020

We, the undersigned, organisations and associations, are representatives of various civil society and non-governmental organisations, the private sector, professional bodies and trade unions in Kenya. We have noted with great concern, gaps in transparency and accountability by government agencies charged with managing COVID-19 resources. These loopholes have led to the overpricing of commodities, purchase of substandard Personal Protective Equipment (PPEs), embezzlement of commodities including donated PPEs, failure of the PPE’s to reach those who need it the most including healthcare workers on the frontline of fighting COVID-19, and misappropriation of public funds meant to procure protective gear, and support vulnerable Kenyans against the impacts of the pandemic, for instance, the ‘Kazi Mtaani’ programme.

An effective emergency response must espouse good governance, integrity, transparency and accountability as enshrined in Article 10 on the National Values and Principles of Governance. Principles of public finance, under Article 201 of the Constitution of Kenya, which require openness and accountability, including public participation in financial matters should also be adhered to.

Citizens have a right to participate in the making of decisions that affect their lives. Being open and transparent, and involving those affected in decision-making is key to ensuring people participate in measures designed to protect their own health and that of the wider population. We, therefore, call for following actions to ensure effective response efforts:

Human Resource and Infrastructure for Health:

1. The Cabinet Secretary, Ministry of Health, to provide a full report on County preparedness to respond to the COVID-19 Pandemic in terms of availability of ‘Functional‘ bed capacity, availability of Oxygen supplies, PPEs and medical professionals available to provide health services to the public.
2. The Cabinet Secretary, Ministry of Health, to provide a report on the number of medical practitioners who have been recruited and deployed to the workstations as advertised using the funds provided by the World Bank.
3. The Cabinet Secretary, Ministry of Health, to provide a report on what the government has done to assess and address the occupational health and safety of medical practitioners, as a guarantee to their protection and put in place a life assurance cover and compensation package for their dependents in case of demise in the line of duty.

Transparency in Public Procurement:

1. All government agencies must, as a matter of right to information, proactively publish the names of companies and their beneficial owners, and individuals awarded any contracts for COVID-19 related commodities or services and the contract amounts, at national and county levels on the Public Procurement Information Portal.
2. The Public Procurement Regulatory Authority must publish a market price index of all essential drugs and commodities required for the management and response to COVID-19 to guide procuring entities on price ceilings and provide safeguards against the inflation of commodity prices.

Immediate Accountability for all COVID-19 Resources and Full Public Disclosure:

3. The Cabinet Secretary, National Treasury, must publish detailed expenditure information on all funds advanced for the COVID-19 response efforts through donations, donor grants, loans, salary cuts for civil servants, reallocation of budgets and other sources by all recipient entities including the national and county governments, and the COVID-19 Emergency Response Fund Board.
4. The Cabinet Secretary, Ministry of Health, must provide full disclosure on the distribution of PPEs acquired by the Government of Kenya, whether purchased or donated giving full details on the sources and recipients.
5. All County Governments must publish detailed expenditure information on all resources received for the COVID-19 response efforts.
6. Development partners and international financial institutions must demand that the government publishes full information on the disbursement, allocation and utilisation of all funds advanced as grants or loans.
7. Development partners and international financial institutions must make public the grant agreements they have signed with the Government of Kenya and other players.
8. The UN agencies must make public on their websites and other platforms the nature of technical support if any, that they are providing and can further provide to the national and county governments to ensure transparency and accountability in the current pandemic.

Planning, Coordination and Implementation of Response Efforts:

9. The functions of the National Co-ordination Committee on the Response to the Coronavirus Pandemic must be de-linked from the Ministry of Health, particularly in regard to financial management to enhance professionalism and integrity in the management of COVID-19 resources.

Social Protection:

10. The Ministry of Labour and Social Protection must publish all information on the criteria for allocation and distribution of social protection funds aimed at mitigating the socio-economic impact of the COVID-19 pandemic, including the list of all beneficiaries and amounts disbursed.

Oversight and Enforcement:

11. The Auditor-General must conduct an independent audit of all funds advanced for the COVID-19 response efforts to all recipient entities including the national and county governments, and the COVID-19 Emergency Response Fund Board. This audit should include the accounts for the different Government institutions using public resources to respond to the COVID-19 Pandemic.
12. The Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigations must fast-track independent investigations on the already suspected cases of corruption at national and county levels. The Office of the Director of Public Prosecutions (ODPP) should ensure timely prosecution while the Judiciary should facilitate the speedy hearing and determination of these cases so that those found culpable are brought to book.
13. The investigative authorities and the ODDP should set up a live dashboard on the status of all cases relating to COVID-19 corruption so that all Kenyans are able to monitor the progress of these cases.
14. The Asset Recovery Agency should act within its mandate to freeze accounts of individuals who have irregularly allocated or received COVID-19 tenders and recover all COVID-19 resources that have been stolen.
15. The National Assembly, Senate and County Assemblies must provide oversight on the allocation and utilisation of funds by the Executive.
16. The President must involve anti-corruption and other oversight agencies and, civil society organisations, in the National Co-ordination Committee on the Response to the Coronavirus Pandemic (NCCRCP) to steer comprehensive anti-corruption measures that will insulate COVID-19 resources against further pilferage.
17. The Commission on Administrative Justice must fully perform its mandate in providing oversight and enforcing the right of citizens to access information held by the State.

Ethical Business Practices:

18. The Private Sector must advance responsible and ethical business practices, with businesses holding each other to the highest standards of ethical conduct and work with the government and other stakeholders to identify effective strategies to particularly address corruption in the award of contracts for COVID-19 related works, goods and services.

Non-State Actors including the Religious Sector and Civil Society:

19. Non-State Actors must enhance efforts to advocate for transparency and accountability, and protection of human rights in all COVID-19 response efforts.

Reporting on Corruption:

20. The media should not relent in its efforts to uncover and expose corruption through in-depth coverage and investigative reporting on the management of COVID-19 resources. The media should also use all opportunities to seek information on the use of these resources to enable the public to hold duty-bearers to account.

In conclusion, we ask President Uhuru Kenyatta to urgently address the nation on the allegations of corruption and announce transparency and accountability measures to be undertaken to safeguard public resources and bring those implicated to account. We urge all citizens to unite in surmounting the crisis, by adhering to all measures and directives and exercising vigilance to ensure that there is accountability of all COVID-19 resources at all levels.

This statement is supported by:

1. Amnesty International Kenya
2. Association of Professional Societies in East Africa (APSEA)
3. Civil Society Reference Group (CSRG)
4. Constitution and Reform Education Consortium (CRECO)
5. County Governance Watch
6. Global Compact Network Kenya
7. Institute of Economic Affairs (IEA Kenya)
8. Inuka Kenya Trust
9. Katiba Institute
10. Kenya Human Rights Commission (KHRC)
11. Kenya Medical Association (KMA)
12. Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU)
13. Kenya Union of Clinical Officers
14. Kenyan Section of the International Commission of Jurists (ICJ Kenya)
15. Mzalendo Trust
16. National Association of Clinical Officer Anaesthetists- Kenya (NACOA-K)
17. National Nurses Association of Kenya
18. National Taxpayers Association (NTA)
19. NEPOTEHC
20. Pamoja TB group
21. Stop TB Partnership-Kenya
22. The Institute for Social Accountability (TISA)
23. The Kenya Legal & Ethical Issues Network On HIV & AIDS (KELIN)
24. Transparency International Kenya
25. White Ribbon Alliance
26. Wote Youth Development Projects

Nairobi, Kenya – 25^th August 2020

Like the Saba Saba day that precedes it, Nane Nane is a day that marks the continuation and escalation of the struggle for a just and democratic Kenya, a day when we remember how the people’s call for political pluralism was met with brute force and scores of innocent Kenyans were tortured, maimed and killed.

In commemoration of this day, we the citizens of Kenya,

Recognizing that Kenyans have long been involved in the struggle to demolish the colonial architecture of the state that was inherited, and has been unturned and preserved,  by our post-independence leaders;

Appreciating that we have endured and sustained the struggle for a transformed Kenya;

Aware that the constitution we promulgated in August 2010 is the text on which we shall found our future and the tool with which we shall re-imagine and reengineer our nationhood;

Noting that since August 2010 the ruling elite has consistently undermined our endeavours to fully implement the constitution;

Further noting that the Jubilee regime, which has been in power since April 2013, has caused the gradual collapse of the state through runaway corruption;

Angered by the reversal of our democratic gains as characterized by disrespect for the constitution, the rule of law, human rights and lack of transparency and accountability;

Concerned by the blatant attempts at a re-centralization of power;

Aware that there is a concerted effort to introduce a constitutional amendment to benefit the ruling elite through the Building Bridges Initiative (BBI);

And fully determined to protect the constitution and to continue fighting for its complete implementation;

Hereby reiterate and demand,

that the Building Bridges Initiative—which has revealed itself to be a scam, a waste of public resources and an attempt at mutilating the constitution—be abandoned to give way to the full implementation of the letter and the spirit of the constitution;

that revenue-sharing must be equitable across the country. The hallmark of devolution is equitable access to resources for equitable development across the country. Attempts by certain members of the Senate to perpetuate unequal development for political self-interest are an unacceptable negation of the spirit of the constitution and must be strongly resisted;

that Parliament must immediately comply with the two-thirds gender rule enshrined in the constitution, failing which the Chief Justice must immediately require the president to dissolve parliament as provided for in Art 261(7) of the constitution. Indeed, seven years ago, the Supreme Court set a deadline for Parliament to pass a law on women’s representation in elected positions. Twice thereafter, in 2015 and 2019, the High Court has directed Parliament to enact such a law or face dissolution but on every occasion, Parliament has mocked the people by disrespecting the constitution and has emboldened the Executive to disregard the two-thirds gender rule in naming the cabinet;

that the moratorium on evictions issued by the President on the 11^th of May 2020 be respected. We strongly condemn the continued evictions and dispossession of vulnerable Kenyans, in particular:

–   the forced evictions in Kariobangi North and Ruai that took place between the 4^th and the 16^th of May 2020 and left more than 7,000 families homeless;

–   the demolitions of 300 Ogiek homes in the Mau Forest by the Kenya Forest Service on the 23^rd of July 2020 which have rendered this vulnerable community homeless and led to interethnic violence that has seen another 100 homes burnt down in the last week;

–   the burning down of 28 homes belonging to the impoverished Sengwer community in Embobut Forest in the Cherangany Hills by the Kenya Forest Service;

that, as a matter of urgency, the government develops a more inclusive and human rights-centered response to the COVID-19 crisis. In effect, the lack of preparedness and effectiveness in preventing and suppressing the spread of the coronavirus, coupled with the brutality with which the state security and administrative apparatus have enforced the government directives, have traumatized vulnerable groups in the society who are battling unemployment, loss of livelihoods and myriad other hardships brought about by the pandemic. Moreover, the theft of COVID-19 funds amid a national health crisis is an abhorrent manifestation of the ingrained culture of plunder of public resources that continues unabated under the indifferent watch of the government. Of particular concern is the evidence suggesting the involvement of members of the president’s family in the plunder of COVID-19 resources.  We demand that in this instance, the government sheds its complacency and moves with haste to bring to justice those who have dared to turn to personal use resources destined to fund a national health emergency of unprecedented proportions. If the government fails to do so, we will commence a citizen prosecution of those involved in the plunder of COVID-19 resources.

that the government put an immediate stop to the escalating cases of extrajudicial killings and police brutality that have been experienced in recent times. The unwarranted use of force by the police during peaceful demonstrations—on Saba Saba Day and more recently at the Nairobi County Assembly—is a clear indication that attempts at police reform are failing and that the government has declared war on citizens.

And finally, we pledge to honour those who have endured great hardship or even paid the ultimate price in the quest for a just and democratic Kenya by vigorously resisting all attempts to bring unconstitutional and retrogressive amendments to our hard-won constitution and by continuing the struggle to see it fully implemented.

We also honour members of the medical fraternity who, under great odds, including insufficient official support have continued to lead in the fight against the COVID-19 pandemic. Your struggles are not in vain and your sacrifices remain in the grateful hearts of the people of this country.

Signed By:

Inuka Trust Kenya.

Kenya Human Rights Commission

ICJ-Kenya

08\08/2020.

The Kenya Human Rights Commission is concerned about the attacks meted on a woman Member of the County Assembly (MCA) WITHIN precincts of the County Assembly in the course of executing their duties as Members of the County Assembly.

Photos and videos of police officers beating up Mlango Kubwa MCA Patriciah Mutheu, who was not armed leave the country with much anxiety and worries of the future of women leaders. Ms Mutheu was seen to be dragged on the floor by a male police officer while two others joined him and inappropriately handled the legislature.

We note that the takeover or handover of the executive powers of the Nairobi City County is un-procedural and what we are now seeing is extensive and horrific interference with the business of the Nairobi County Assembly by the national government through wanton violence and military rule on the people. The interference with the Nairobi County Assembly should worry all county assemblies because the same effect could spill to any other county.

We call for the immediate arrest of the police officers captured on video causing grievous harm to Patriciah Mutheu.  We take note of public reports that one of the police officers has been declared unfit to serve by several processes and institutions. Seeing him still in service and behaving callously and violently is a mockery of the rule of law and the police reforms voted for by the Kenyan people.

We further note that women’s lives matter just as the lives of all people. The level of public violence meted on Patricia and publicly displayed, erodes the numerous calls for an end to all forms of violence including gender-based violence. Coming at a time when the country is yet to fully implement gender inclusion in political processes as required through the not more than two-third gender rule, the attacks on Ms. Mutheu are a pointer to a bigger problem.

It is for this reason that the Kenya Human Rights Commission calls on the government to investigate the claims and oversee justice. We also call for unequivocal respect for the rule of law for all cadres of public leadership and non-interference with the oversight, representation and legislative role of the county assemblies and indeed of Parliament as witnessed in recent days.

The Kenya National Union of Teachers (KNUT), Kenya Human Rights Commission (KHRC) and Universities Academic Staff Union (UASU) are opposed to the partial opening of schools in the month of June for national examination candidates.

It is insensitive, pre-emptive, foolhardy and extremely wrong for anybody outside the medical profession or without medical expertise to propose the rushed reopening of schools in the wake of Coronavirus pandemic, especially at this period when the infernal virus is on the spiral, threatening the survival of humanity.

In the current context of escalating of the virus spread, where the number of affected is going up, the safety of teachers and children is paramount in the checklist of UNESCO-UNICEF recommendations as regards containment measures of the scourge.

A decision on reopening of the schools should be informed by an evidence-based analysis on critical information gathered on how schools, teachers, students and communities are coping with closures and the pandemic. Preliminary results from a rapid response survey rolled out by the signatory agencies indicate that the situation on the ground is different and might require more effective measures to be put in place before such action of reopening is undertaken. There is no evidence thus far put forth to inform how the risk factors related to reopening of schools will be mitigated, noting the inconclusive evidence around the infection risks related to school attendance.

Provision of Personal Protective Equipments [PPEs] among other containment measures are some of the conditionalities that the Ministry of Education Science and Technology must meet before education institutions are re-opened.

More importantly, medical experts must give the green light that the spread of the virus has been contained before we can think of reopening of schools for the resumption of learning.

It is worth noting that countries like France that have attempted to reopen schools have witnessed resurgence of the virus, in the process affecting many teachers and learners. British teachers’ unions have demonstrated clearly that it is difficult to enforce social distancing in schools.

Our team of medical experts which we have commissioned to give advice on the scourge have indicated clearly that if schools reopen in June with the low testing capacity in the country against the population of 15 million learners, the likelihood of having a surge in infections and a faster spread of Covid-19 would occur, with a possibility of Kenya witnessing additional 30,000 plus deaths by August 2020.

Logically and scientifically speaking, only doctors and other health experts could advice when schools should reopen, and how the process of resuming teaching and learning should be conducted.

Further, we would like to inform all-and-sundry that KNUT, KHRC, and UASU among other like-minded organizations and citizen agencies have teamed up to prepare a comprehensive, evidence-based, fact-driven parallel report with appropriate recommendations on the way forward on resuming learning and teaching in the wake of Coronavirus pandemic.

Consequently, we would like to state that we shall not make any submission to the exclusivist Prof George Magoha appointed team – COVID-19 National Education Response Committee led by Dr Sarah Ruto as it is a mere rubber stamp committee considering the manner in which it was constituted – it is bound to mislead Kenyans.

We have established a panel of eminent doctors led by Prof Florentius Koech of Moi Teaching and Referral Hospital – Eldoret to work with us to develop a report on reopening of schools, and how educational institutions can be made Covid - 19 Free Zones at all times.

We shall release the report at the appropriate time, and accordingly advise our members, parents and the general public on the way forward.

HON. WILSON SOSSION         GEORGE KEGORO                  DR. CONSTANTINE WASONGA

SECRETARY GENERAL           EXECUTIVE DIRECTOR         SECRETARY GENERAL

KNUT                                         KHRC                                       UASU

May 21, 2020.

People seeking safety are trapped at borders across Eastern Africa due to COVID-19 measures

A coalition of international, national, and refugee-led organizations in the Horn, East and Central Africa (HECA) have today called on governments in the region to reopen borders for asylum seekers. The organisations are calling on governments to put in place measures that manage the current health emergency while ensuring asylum seekers can seek protection.

Countries in the HECA region host approximately 4.6 million refugees and asylum seekers and have a long history of receiving asylum seekers and providing them with protection. Before the pandemic, the countries continuously received new people seeking safety and protection from violence and conflict, political persecution, or other threats to their lives. States started closing their borders in March as a public health measure to contain the transnational spread of COVID-19, without safeguards for the many women, men and children fleeing threats to their lives and freedoms and needing to seek asylum.

“While countries in the region are faced with a genuine public health emergency, governments, with support from international partners, must find solutions that respect international human rights and refugee law commitments, including the right to seek asylum. Governments should consider measures such as medical screening or testing, preventative and time-bound quarantine facilities at border crossing points to allow access to asylum seekers,” said Deprose Muchena, Amnesty International’s Director for East and Southern Africa.

Burundi, Ethiopia, Rwanda, and Somalia closed their borders in March 2020. In Kenya, the borders with Somalia and Tanzania closed on 16 May. Asylum seekers and refugees who cross into Kenya are sometimes arrested and returned to the border point of entry.

Blanket border closures contravene international refugee law by denying people in need of international protection an effective opportunity to seek asylum. They also violate the principle of non-refoulement, which prohibits states from turning away people at a border and returning them to a country where they would be at risk of persecution or danger.

Along the DRC-Uganda border, approximately 10,000 displaced people have been camped out since May, waiting to seek asylum in Uganda. Following a 16 June decision by the Uganda government to allow them to enter the country, efforts are underway to prepare for their safe entry, quarantine, and settlement.

“We welcome Uganda’s decision to receive this specific group of Congolese asylum seekers. We urge the government and partners to ensure quarantine conditions for this group are dignified, and to develop more general measures to admit people needing international protection at other border points,” said Robert Hakiza, Coordinator of the Global Refugee-Led Network-Africa Chapter.

On Uganda’s border with South Sudan, for example, hundreds of people displaced by recent fighting between government soldiers and armed groups in Central Equatoria State are stuck, hoping to cross into Uganda. They are living in makeshift structures and are in urgent need of food, proper shelter, medical care, and access to clean water. Uganda closed its borders on 20 March.

“Regional bodies such as the East African Community (EAC), the Intergovernmental Authority on Development (IGAD) and the African Union (AU) should provide more leadership and guidance on how countries can safely open their borders to asylum seekers. The international community must also step in to provide the needed assistance to displaced persons, whichever the side of the border they are on,” said Lydia Zigomo, Oxfam’s Regional Director in the Horn, East and Central Africa.

The organizations are calling on regional bodies to help and encourage governments develop procedures and policies that would allow movement across borders for individuals wanting to seek asylum. This should include workable protocols for COVID-19 screening, testing and quarantine, and special measures that address the needs of marginalized groups, such as unaccompanied children, particularly in quarantine facilities.

“While the EAC has been instrumental in supporting harmonized border screenings to allow the movement of cargo across the region, they have been silent about access to asylum-seekers. Regional bodies must not leave refugees out of their COVID-19 response plans,” said George Kegoro, Executive Director of the Kenya Human Rights Commission.

Notes to editors:

• The Universal Declaration of Human Rights and the 1951 Convention relating to the Status of Refugees, require states to respect the right of people to seek asylum and to uphold the principle of non-refoulement, which prohibits them from rejecting and returning asylum seekers who arrive at their borders. All the Horn, East and Central African countries are state parties to the 1951 Convention.
• The right to seek and be granted asylum and protection from return is also provided for in the African Charter on Human and Peoples' Rights and the 1969 OAU (now AU) Convention Governing the Specific Aspects of Refugee Problems in Africa. Again, both treaties have been signed by all countries in the Horn, East and Central Africa region. In addition, these rights and protections have been included in the constitutions and refugee laws of many countries in the region including Uganda and Kenya.
• There are currently over 1,420,000 refugees and asylum seekers in Uganda, 763,000 in Ethiopia, 1,089,000 in Sudan, and 494,649 in Kenya.
• The EAC published a regional COVID-19 response plan on 30 April. It aims to facilitate free movement of goods and services in the EAC region while minimizing cross border movement of people. It does not mention refugees or asylum seekers.
• IGAD published a regional COVID-19 response strategy on 20 April. The strategy notes the importance of protecting refugees, IDPs, migrants, host communities, and other populations in border areas, and provides that IGAD will support members states to: Establish screening measures for travellers and migrant people at border crossings; share information on cross-border migration of refugees and other migrant populations with national health authorities for appropriate care and management; set up isolation and quarantine facilities at border crossing for migrant populations as well as for refugees and IDPs; and share best practices and knowledge on protective measures for vulnerable and high-risk groups with limited access to health care.
• The African Union has appealed to governments to adhere to international law and respect of the rights and human dignity of migrants and refugees but has to date not provided practical guidance on how to do this, especially in relation to complex issues such as border management during the pandemic.
• The 10,000 displaced people at the border of DRC and Uganda fled attacks on villages in the War-Palara and Panduru chiefdoms. The displaced, most of whom are from the Alur ethnic group, are staying in the locality of Mon-Zeu, in the chiefdom of Alur Djuganda, in Mahagi territory, in the west of Ituri province near DRC’s border with Uganda’s Zombo district.

Organizations supporting the press release:
1. AAMIN Organization (Mogadishu, Somalia)
2. African Youth Initiative for Development (Nairobi, Kenya)
3. Amnesty International
4. Care and Assistance for Forced Migrants (Uganda)
5. Centre for Peace and Advocacy (Uganda)
6. Community Action for Creative Innovation (Koboko, Uganda)
7. Community Action for Transformation (Imvepi, Uganda)
8. East African Centre for Forced Migration
9. DIGNITY Kwanza (Tanzania)
10. Finn Church Aid
11. Global Refugee-Led Network-Africa Chapter
12. Good-Deeds (Nairobi, Kenya)
13. ICAN South Sudan (Bidibidi, Uganda)
14. Initiative for Nurturing Vulnerable and Empowerment for Resilience (Kakuma, Kenya)
15. International Refugee Rights Initiative
16. International Rescue Committee
17. IYOUTH IFUTURE (Kakuma, Kenya)
18. Jesuit Refugee Service
19. Jump Over Seven Feet (Kajiado, Kenya)
20. Kandana Refugee Association (Kenya)
21. Kenya Human Rights Commission
22. Kintsugi (Nairobi, Kenya)
23. Kituo cha Sheria-Legal Advice Centre (Kenya)
24. L’Afrikana (Nairobi, Kenya)
25. Oxfam International
26. Refugee Consortium of Kenya
27. Regional Network on Peace and Stability (RENOPS)
28. Shabab Peace and Environment Action Group (Adjunami, Uganda)
29. Solidarity Initiative for Refugees (Kakuma, Kenya)
30. SOS Women and Children in Disaster (Kampala, Uganda)
31. South Sudan Civil Society Forum (SSCSF)
32. South Sudan National Consortium of Human Rights Defenders
33. South Sudan Transitional Justice Working Group
34. The Organization for Children Harmony (Kiryandongo, Uganda)
35. Vijana Twaweza (Kakuma, Kenya)
36. Young African Refugees for Integral Development (Uganda)
37. Young-Adult Empowerment Initiative (Kiryandongo, Uganda)
38. Youth Education and Development Association (Kakuma, Kenya)
39. Youth Social Advocacy Team (Rhino Camp/Arua, Uganda)

For media enquiries or to request an interview, please contact:

Oxfam in the Horn, East and Central Africa
Martin Namasaka, Regional Media and Communications Advisor
Mobile: +254731953944
Email: martin.namasaka@oxfam.org
Twitter: @OxfamEAfrica
Facebook: @oxfamineastafrica
Website: www.oxfam.org I https://heca.oxfam.org

Amnesty International
Robert Shivambu, Media Manager
Mobile: +27 11 283 6000 or +27 83 437 5732
Email: robert.shivambu@amnesty.org or press@amnesty.org
Twitter: @amnestypress or @AmnestyEARO

Global Refugee-Led Network (GRN)-Africa Chapter
Robert Hakiza, Coordinator
Mobile: +256 775875519
Email: robert@yarid.org

Kenya Human Rights Commission
Medika Medi, Media Manager
Mobile : +254721724264
Email : mmedi@khrc.or.ke

Twitter:@thekhrc

The latest attacks on the Judiciary have been triggered by, and are a response to, the recent public statements that the Chief Justice has issued, the first that questioned the constitutional validity of Executive Order No. 1 of 2020, through which President Uhuru Kenyatta announced a structure of government that was open to an interpretation of the existence of a hierarchical relationship in the government that purported to make the Judiciary and the Judicial Service Commission, among other independent bodies, subservient to the executive.  The second public statement by the Chief Justice dwelt on a number of public issues including the one-year delay by the President to appoint 41 judges selected by the Judicial Service Commission, concern about the continuing disobedience of court orders by the government, including a High Court order compelling the President to appoint the 41 judges. The Chief Justice also revealed a deterioration in the relations between the President and the Judiciary, resulting in a complete breakdown in the channels of dialogue.

The Attorney General, Paul Kariuki, responded with a statement attacking the Chief Justice. There has also been a petition seeking the removal of the Chief Justice from office, against whom anonymous attacks have also surfaced on social media and on posters erected on public highways. None of these forms of attack is new: after President Kenyatta publicly promised to “revisit” the Judiciary after the Supreme Court annulled his reelection in 2017, the Judiciary came under very similar attacks.

On 10^th February 2020, the KHRC wrote a letter to President Kenyatta urging him to take active steps to make the outstanding appointments relating to 41 judges as directed by the High Court. The letter emphasized the finding of the High Court that the delay in appointing 41 judges was unconstitutional and urged that to avoid further offending the Constitution, the President should make the appointments without further delay.

The letter noted that the vetting of candidates for appointment as judges is the responsibility of the Judicial Service Commission and that any role for the security and intelligence agencies is as agents of the JSC. As agents, the security organs cannot carry out a vetting process outside that which the JSC requests or authorizes. In these circumstances, it is difficult to understand how the President could have derived background information on the candidates outside the framework that the JSC had put in place.

The dangers of a vetting process outside the purview of the JSC have immediately become clear because the investigative agencies which cleared the candidates for appointment, while acting for the JSC, subsequently came to a different conclusion when the Executive branch asked them to investigate the same candidates. Without multiple vetting processes, such conflicting investigative findings, the resolution of which lacks a mechanism, would have been avoided.

The letter further noted that since any concerns on the part of the President affected only a few judges, holding up the entire list subjected the judges to needless suspicion and that the only way to address this would be to make public the full details concerning the basis for any objections against the appointment of any of the judges.

The KHRC is concerned that, in addition to the well-founded concerns about a lack of political leadership that has resulted in a breakdown in the process of appointing the next batch of judges, attacks on the Judiciary will only worsen the situation, making it more difficult for the judiciary to operate at an optimal level. Since the Judiciary does not belong to or serve an individual, the ongoing disagreements do not hurt any of the individuals involved but the public that both the government and the Judiciary are expected to serve.

In all this, the personal position of the Attorney General, Paul Kariuki, is extremely troubling. As a member of the Judicial Service Commission, the Attorney General participated in proposing the judges whose appointment is the subject of the objection by the President, with the support of the Attorney General. The ability of the Attorney General to run with the hares and hunt with the hounds is a staggering lack of principle on his part and raises legitimate questions about the character of the government he serves in.  Rather than provide leadership that would resolve the ongoing crisis, the Attorney General has compounded matters with an appeal against a court decision compelling the President to appoint the judges. The personal role of the Attorney General in the current breakdown requires further examination because he is an active enabler of the constitutional breakdown that the President is promoting.

The KHRC reiterates that request contained in its letter to the President and makes the point that if for any reason, the President is unable to make the appointment, he must convene a meeting with both the JSC and the Law Society of Kenya, through which he will explain and justify his position.

This level of attack on the Judiciary is an unfortunate feature of the Jubilee government. The vilification of the Judiciary affects public confidence in the institution and directly undermines the role that the Judiciary is established to play. President Kenyatta must choose whether he would like to be remembered as the president during whose reign the Judiciary was destroyed.

Nairobi 15^th June 2020

The Kenya Human Rights Commission.

A key concern arising from this order is the inclusion of the judiciary, independent offices and constitutional commissions in the structure of government, in a manner that allocates them subservience over the office of the President. When he took power in 2013, President Uhuru Kenyatta issued the first of the executive orders that he has since issued, regarding the organization of his government. The order designated the country into 18 ministries, themselves also divided into several state departments. The 2013 executive order soon gave rise to litigation in the High Court, based on concerns that the President had purported to assign to the Attorney General, responsibilities that the Legal Education Act assigns to a Cabinet Secretary. In the end, the High Court upheld the objection and declared that “any executive order that purports to assign... cabinet secretarial functions and powers contrary to the letter and spirit of the Constitution and the law, is invalid, null and void.” The court further held that whereas the Attorney General, is a member of the Cabinet, he is not a Cabinet Secretary and therefore cannot … perform or purport to perform the functions specifically reserved for a Cabinet Secretary under any piece of legislation.”

The High Court thus invalidated the attempt by the President to assign, through the order, responsibility over the Legal Education Act when the Parliament had assigned the same responsibility to a cabinet minister.

The next executive order, issued in 2016, listed not only the ministries that would form the government but also extended its coverage to independent entities including constitutional commissions, the judiciary and the Judicial Service Commission. This approach has been repeated in all the executive orders since then.

In 2018, the Law Society of Kenya obtained orders from the High Court declaring that the purported inclusion of these independent offices in the presidential executive orders was unconstitutional.

Thus, notwithstanding two High Court judgements, the President has carried on with the practice of issuing executive orders whose contents offend not only the Constitution but also the express orders of the High Court.

The 2020 executive order also appears to have provided the occasion for extending the internal wrangles within the Jubilee party whose senior figures have been dismissed from positions of leadership in the Parliament. The re-designation of the executive office of the Deputy President into a department within the office of the president is seen as a demotion of the Deputy President and a consolidation of the political ostracisation to which Mr. Ruto has already been subjected.

The President’s actions fit into growing concern that the country is being prepared for a referendum for the amendment of the Constitution about which the President addressed the country on Madaraka Day. On that occasion, the President cited Tom Mboya’s book “Freedom and After” and made the point about what he called “Constitution rigidity” “That the constitution cannot be useful to a country if it is an end in itself.  A good constitution must be responsive to the aspirations of a nation and be a means to a greater end.  

Further, “if the political architecture provided by a constitution cannot support the growth and progress of a nation, that constitution becomes a cancer to the body politik”

There has been no public discussion of what ails the country in relation to which constitutional reforms might be the remedy. While the Building Bridges Initiative, which the President supports, has purported to be the framework for a response to the country’s political challenges, the process has remained under the personal control of the President and Mr. Raila Odinga, and lacks both legitimacy and genuine participation.

The fear now is that the stage is being set for an attempt to impose on the country, the personal preferences of the President which will be presented as the genuine needs of the country. This approach cannot work and is likely to subject the country to the kind of political anxiety that it has faced in the recent past.

The KHRC would like to remind the President that since the announcement of the first case of COVID-19 in Kenya on 12^th March 2020, the country’s economy and human survival has faced great peril. Citizens continue to experience significant social to economic stress, resulting from job losses and the closure of businesses. Citizens also continue to live under police violence staged as a way of enforcing the curfews that are a response to COVID -19.

In conclusion, the rule of law requires the obedience of court orders. This is what the President must now do by withdrawing the executive orders that the High Court has already passed judgement against. The KHRC is concerned that rather than encourage and advise the President to comply, the Attorney General is encouraging the disobedience of the orders of the High Court.

Secondly, there can be no constitutional amendment that is not accompanied by appropriate levels of preparatory political work. At this point in time, with the country addressing rising cases of COVID-19 and the economic ravages measures against it have caused, the national priorities are against high politics and in favour of concentrating on what is necessary for the country to survive. Further, any constitutional amendment would require prior political consultation and consensus building of an appreciable level. This has not happened and cannot now happen, given the political context and the new priorities.

Nairobi, 8^th June 2020

Kenya Human Rights Commission

Ensure Access to Health Care, Sanitation, Information

Kenyan authorities are potentially facilitating transmission of the Covid-19 virus while forcefully quarantining tens of thousands of people in facilities that lack proper sanitation, protective equipment and food, Human Rights Watch, Kenya Human Rights Commission, and Journalists for Justice said today.

The authorities have also held crowds of people in the arrivals area at the Nairobi airport for more than four hours with no social distancing, sanitizers or masks; ferried people in packed buses with little ventilation and, at the quarantine facilities, failed to enforce quarantine guidelines issued by the Health Ministry. The authorities also have forced people into quarantine for violating curfew or for not following orders to wear face masks.

“Kenyan authorities are exposing people to a risk of infection in poorly managed and ill-equipped quarantine facilities,” said Otsieno Namwaya, senior researcher at Human Rights Watch. “Despite credible accounts of people with traumatizing experiences in forced quarantine, conditions have not improved.”

Between mid-April and mid-May, researchers spoke to a total of 26 people, including 22 people in 11 quarantine facilities across the country – among them the Kenya School of Government and Kenya Medical Training Institute in Nairobi – as well as three front line doctors and a senior nurse. Those forced to quarantine were incoming travelers, people who had contacts with travelers, and, in some cases, people who violated the curfew imposed on March 27 or orders to wear masks in public.

On March 15, 2020, President Uhuru Kenyatta announced the closure of all schools and colleges to curb the spread of the virus. On March 22, the health cabinet secretary, Mutahi Kagwe, banned international flights in and out of Kenya, except for cargo flights and announced a mandatory 14-day quarantine for all incoming travelers, and those who may have been in contact with them. However, the authorities did little to prepare facilities and staff on how to handle those in quarantine.

As of May 26, Kenyan authorities said they had quarantined and tested 64, 264 people. About 2 percent- 1,348- tested positive for Covid-19, among 50 have died, and about 405 have recovered and been discharged. On May 4, the authorities said they had started mass testing in the capital, Nairobi, and in Mombasa’s old town, where residents were reluctant to present themselves for testing out of fear of being forcefully quarantined, media reported.

The authorities in Nairobi had earlier said that travelers at the airport could choose between paying to stay in a hotel or staying without charge in a government quarantine facility. Unlike in most other countries with a significant number of people in quarantine, in most cases people were not allowed to self-quarantine in private homes where feasible.

People interviewed described poor conditions of the quarantine facilities, including lack of bedding, water, food, and cleaning supplies, including soaps and detergents. They said they weren’t told of test results and that staff did not adhere to the government’s own protocols, such as wearing face masks or other protective equipment, to ensure that those quarantined do not become exposed to the virus.

A 22-year-old man who was quarantined at the Kenya Industrial Training Institute (KITI), in Nakuru, Rift Valley, following his arrival from France on March 23 said:

“When I checked in, I found there was no electricity, no bathing water, no food and no water to drink. The beds had no mattresses or beddings. I slept on the spring bed with no mattress and nothing to cover myself. They told me I had to pay for water.”

Many others described similar conditions in other facilities across the country and said that the authorities sometimes extended quarantine periods from the initial mandatory 14 days, to more than 30 days, even when people tested negative several times. All those interviewed were asked to pay for accommodations, food, and other costs before being allowed to leave. Many of those who could not pay were held for additional days and, in one instance at Kenya School of Government, police were called in to beat those who persisted in pleading their inability to pay, victims and witnesses said.

On May 14, Human Rights Watch, Kenya Human Rights Commission, and Journalists for Justice wrote to the health cabinet secretary, Mutahi Kagwe, requesting information on the abuses in quarantine centers, and the government’s response to the complaints of those in quarantine, conditions in the facilities and the issue of payment for quarantine. Secretary Kagwe has not responded.

"It is disturbing that people who arrived from abroad are herded straight into these facilities without considerable thought being given to the wellbeing of those sent to these facilities,” said Kwamchetsi Makokha, program adviser at Journalists for Justice, a Nairobi based organization. “It is even more shocking that some people have stayed in quarantine for periods of up to 30 days, well beyond the official 14-day period, because they were unable to pay."

Among those forced into quarantine for breaching the Covid-19 curfew was Carolyne Akumu, a 35-year-old mother, together with her month-old child. Akumu, said that Busia county officers arrested her on May 1 as she rushed home at 7:10 p.m., 10 minutes after the curfew time. Police forced her to go to what she described as a derelict and dusty quarantine facility in Nambale, 40 kilometers from Busia, where she slept on a cold floor with nothing to cover herself and her child. Akumu said she tested negative the following day, and was released on the second day, following intervention by civil society groups.

The authorities should urgently take measures to improve conditions in public quarantine facilities, including regular cleaning and fumigation, change of bed linens, provision of meals in all facilities and adequate psychosocial support and medical care where need be, Human Rights Watch, Kenya Human Rights Commission, and Journalists for Justice said.

In addition, the authorities should ensure adequate care and access to communication, including in accessible formats, with the outside world for those in quarantine, and waive fees associated with quarantine and related medical care for those who cannot afford them. Individuals should be assessed for self-quarantine, provided that they are able to maintain social distancing and proper support from a caregiver.

Under the International Covenant on Economic, Social and Cultural Rights, which Kenya ratified in 1972, everyone has the right to “the highest attainable standard of physical and mental health.” Governments are obligated to take effective steps for the “prevention, treatment and control of epidemic, endemic, occupational and other diseases.” However, any restrictions they impose for reasons of public health or national emergency need to be lawful, necessary and proportionate and be carried out in accordance with the law. They cannot be imposed in an arbitrary or discriminatory manner.

“President Kenyatta should demonstrate to the world that Kenya can implement its quarantine policy in a humane and accountable manner,” said George Kegoro, executive director at Kenya Human Rights Commission. “The president should ensure that government meets all quarantine-related costs, as cabinet secretary for health Mutahi Kagwe promised on May 6.”

Dusk to Dawn Curfew

On March 25, President Kenyatta announced a nationwide dusk-to-dawn curfew starting March 27. On April 3, the authorities made it mandatory for everyone to wear masks in public places and introduced mandatory quarantine for those who did not wear masks or breached curfew, but parliament rejected that requirement on April 21. Researchers spoke to three people who said the police had arrested them days before the law was presented to parliament and placed them in mandatory quarantine for breaching curfew or failure to wear a mask in public.

Kenyan media have also reported several other incidents in which police forcefully quarantined people for breaching curfew without evidence that they had been exposed to the virus. Kenyan activists have gone to court to challenge government quarantine policy. On April 18, Kenya Legal and Ethical Issues Network on HIV and Aids (KELIN), Mombasa-based Muslims for Human Rights (MUHURI) and seven Kenyans who had served various periods in quarantine filed a petition seeking to have the government cover all expenses incurred by people in quarantine facilities or in isolation at government health facilities. The petitioners alleged that the government carried out quarantine measures in an abusive, degrading and unconstitutional manner.

Mandatory quarantine for breaching curfew or not wearing a mask is problematic. It is not the least restrictive measure possible, it can amount to detention that has been imposed without warning, and the conditions in quarantine may be undermining public health, compared with self-quarantine at home, by increasing exposure to the virus.

Failure to Provide Sanitary, Humane Conditions

On March 27, five days after Kenya imposed mandatory quarantine for international arrivals, the Health Ministry published a quarantine protocol describing the standards for quarantine facilities. The protocol requires the facilities to be well ventilated, ensure social distancing, have regular cleaning and disinfection of laundry, dedicated linen and eating utensils for each person in quarantine, and for the facilities to regularly provide detergents for cleaning.

Researchers found that the facilities did not uphold the protocols. Three people interviewed – who were quarantined at the Kenya School of Government, Pride Inn, and a 29-year-old man at KMTC Nairobi – described dusty and neglected facilities and said they were responsible for cleaning their own rooms and bathrooms but often were not provided with cleaning supplies.

Some of the facilities outside Nairobi had neither beds nor bed linen, and those admitted there had to spend nights on cold floor. For example, Kisoko Girls High school had no beds, linen or healthcare staff to look after those admitted other than security guards at the gate.

In the Kenya Industrial Training Institute (KITI) in Nakuru county, those quarantined were given bed linen two days after admission but said it was neither washed nor replaced for the whole quarantine period- sometimes more than 14 days. In at least four facilities – KITI, Kenyatta University Conference Centre, Cooperative University Retreat Centre and Kenya School of Government – those interviewed said that the Health Ministry did not provide detergents and that those in quarantine had to either buy the detergents or use what may have been left by previous occupants.

At KITI, four of those who had been quarantined said they had to buy food, water, and soap and clean the facility themselves. A 22-year-old man quarantined at the facility recalled:

“There was no electricity, no bathing water, no food and no water to drink. The entire place was dusty. The beds had no mattresses or beddings. I slept on the spring bed with no mattress and nothing to cover myself for two days when they brought us beddings. They told me I had to pay for water.”

Failure to Protect People Against Infection

Two arriving travelers said they believed they may have been infected either at the airport arrivals lounge where the authorities held crowds of people from various parts of the world for hours or inside fully packed and poorly ventilated buses that ferried them from the airport to quarantine centers.

Buses used to ferry the arriving travelers to the facilities were both poorly ventilated and, in some cases, packed beyond capacity, and police officers failed to observe social distancing measures or wear protective equipment on the buses, those interviewed said.

Four people said they believed they could have contracted the virus in quarantine facilities, as the authorities failed to enforce safety measures, including social distancing and not sharing cutlery, and dispensing tea from shared dispensers without using gloves.

In nearly all facilities, staff seemed unaware that people would be quarantined there and some were exposed to infection in the facilities. At the Lenana school facility in Nairobi, a 29-year-old staff member who later tested positive for Covid-19 said he was not informed when the facility received its first batch of people for quarantine on March 24. He was then made to quarantine there himself. The staff member said:

“They arrived at 1a.m. and since I am the one who was at the gate, I checked them in and showed them where to sleep. No one bothered to tell me who they were. After I finished, my boss told me to join them in quarantine since I had been exposed."

Failure to Allow Self-Quarantining for People at Risk

Despite the protocol allowing those with preexisting conditions or pregnant women to self-quarantine at home, researchers found that facilities admitted pregnant women or people with diabetes and hypertension. At risk people or people with disabilities were held for several days at Kenyatta University Conference Centre before they were released or transferred to other facilities following complaints.

At Busia’s Kisoko Girls High school, on May 1, police and county health officials forcefully quarantined a 35-year-old woman, Carolyne Akumu, together with her one-month old baby for breaching the curfew, contrary to quarantine protocol. In another incident on the same day, police and county enforcement staff forcefully quarantined a pregnant woman at the same facility in Busia for violating curfew, even though guidelines have included pregnant women among the vulnerable that should not be quarantined.

 Extensions of the Quarantine Period

Some of those interviewed said that government officials extended the quarantine beyond the initial 14 days for another 14 days or for indefinite time periods whenever someone in the same quarantine facility tested positive for the virus. People interviewed who were quarantined in KITI, the Kenya School of Government and Kenyatta University Conference Centre, said they suspected that the extensions of quarantine periods could have been out of the knowledge that there was a failure to enforce social distancing or provide protective equipment inside the facility. In any case, the unsanitary conditions in the facilities may have contributed to continuing exposure to the virus and thus extension of the quarantine. In other instances, the authorities also extended the stay for people who could not pay the cost of quarantine, even though some arriving travelers were promised that government facilities would be free.

A 29-year-old man who had been in quarantine at Kenya Water Institute in Nairobi said he was transferred to the Kenyatta University Hospital for isolation after he tested positive for Covid-19. After seven days in isolation, he said he was told he would be allowed to go home but in fact was held six days more because he could not pay the quarantine and isolation costs.

The indefinite extensions caused anxiety in those quarantined, ranging from fear of losing their jobs or delay in seeing loved ones. One interviewee said:

“I don’t have money because I had lost my job in Dubai, but I am now in forced quarantine in a government facility. We had been told quarantine would be 14 days and free, but I have been here 30 days. I have twice tested negative since I arrived, yet I am still here, and I have to pay Ksh 2,000 (US$20) for each day I have spent here.”

A 28-year-old man who was at Pride Inn hotel in Nairobi quarantined together with his family of four said he was told at the end of 14 days he had to pay Ksh 420,000 ($4,200) for himself and four other family members to leave. The authorities extended their stay by another 14 days after someone in their facility tested positive.“I called relatives who chipped in, but I am not sure how I am going to pay for the extended period.”

At Kenyatta University, four men who had tested negative after two tests on the eighth and twelfth day, were to have been allowed to go home on the 14th day. But, since they could not pay, the authorities held them for an additional eight days, a total of 22 days. The men were so distraught that they threatened to take their own lives, following which they were allowed to leave.

Lack of Adequate Medical Care, Counseling

Those who tested positive for Covid-19 said that the authorities transferred them to isolation wards at various hospitals where they did not receive any medical care. They told researchers they felt neglected by hospital staff and Health Ministry officials who did not make any attempts to manage the virus or provide them with medication.

A 34-year-old man who had been admitted at Kenyatta University hospital after he tested positive said he was forced to send for painkillers and lemons outside the hospital after he got a headache. A 35-year-old woman who tested positive and was admitted at Mbagathi hospital said the hospital only provided her with food and water, but no medication during the eight days she was in an isolation ward.

The authorities did not provide psychosocial counselling or mental health services for people in quarantine, though one person died by committing suicide and five others attempted to take their own lives. Media reported how on May 27, staff at KITI found the body of a 27-year-old South African, Elizabeth Holloway, who had been forcefully quarantined there, hanging from the ceiling of her room with a piece of cloth.

Two people who quarantined with her told researchers that she had called management the day before about the unsanitary conditions there and asked to be transferred, but that the management had ignored her pleas.

Two days after Holloway took her own life, a Kenyan woman at the same facility attempted suicide. A 22-year-old man who was in the facility told researchers:

“There were no counselors, and so those of us who were there with her started talking to her until she dropped the idea of committing suicide.”

Insensitivity in Testing, Communicating Results

Those who tested positive said the testing, management, and communication of results lacked transparency and failed to meet the required professional standards. Most said they were told their results verbally, by an unidentified person calling them by phone, and never given lab results. A 32-year-old man admitted at Kenyatta University hospital at the end of March said the hospital staff became hostile when he requested documentary evidence of the lab results.

A medical practitioner admitted at Mbagathi hospital said the hospital staff ignored his repeated requests for lab results. Another medical practitioner recalled:

“They told me it was positive but didn’t show me any paper. It was always a verbal communication… It was that way the whole time… no documentary evidence. Many people were not convinced they were being told the right results.”

Many of those who tested positive also told researchers that the insensitive way officials relayed results and lack of information about what would happen to them caused them enormous stress and anxiety.

Stigmatization

Most people interviewed said that quarantine facility staff treated them poorly. A 36-year-old woman who attempted suicide at KITI in Nakuru said:

“I got a panic attack after one of our colleagues committed suicide. I called for help, but the doctor just laughed at me.”

People at the facility told researchers that the surrounding community and many of the staff at the facility would reject their money when they tried to buy food, on suspicion the money was contaminated. A 29-year-old man who had been quarantined there said:

“We didn’t have food inside the facility. We wanted to buy food from vendors over the fence, but they would decline our money. Staff who we thought would help would also not take money from us. We would wait for one nurse who would accept to help buy for us food from outside, but we had to send the money to her via mobile money.”

At one quarantine centre, interviewees said, on occasion kitchen staff declined to serve those in quarantine, compelling a security guard to bring the food. At a hospital in Nakuru, a 34-year-old woman who had been admitted there pending Covid-19 testing said that hospital staff avoided her even after she tested negative. She said:

“They would not talk to me. They would drop meals at the floor at the entrance of my ward and run away without telling me. I would discover the food cold on the floor at the door, sometimes hours later.”

The COVID 19 crisis has brought to the fore unprecedented burial processes in Kenya. It’s anticipated that as the effect of pandemic ravage on, burials will be conducted under extraneous circumstances. The burial of James Oyugi at night and in a shallow grave has sparked public outcry from Kenyans of all cultural and religious backgrounds. James is said to have succumbed to the Corona Virus.
We are aware that the Ministry of Health has developed regulations on the disposal of victims of Coronavirus. The regulations provide that before the internment of persons who succumb to COVID-19 commences, the family must be informed on burial procedures, accorded an opportunity to express their religious, cultural and personal rites to show respect for the deceased. Further, the guidelines recommend that burials be conducted during the day. The treatment accorded to Coronavirus victims will determine the success of the government and public responses provided so far. If the government discriminate and stigmatise patients then most people will hesitate to come forward and seek help. Additionally, stigma and undignified treatment of persons who succumb to the coronavirus might cause a family to disregard the guidelines developed to bury their deceased in dignity. Let’s draw from the HIV/AIDS response, stigma and discrimination only slowed down prevention and management processes of HIV. In the words of Phillip Guadalla, ‘any stigma will defeat dogma’; let’s allow information and caution a chance over the humiliation of grieving families.
We call on all government actors to uphold human dignity and conduct the burials in ways that respect the place and wishes of the family and one that embraces the family rather than stigmatise them. Most Kenyan cultures position burial ceremonies as the final rite of passage. It is a time to celebrate the life of a loved one, come to terms and grieve a major loss even in a minimalistic manner. Measures to acknowledge the importance of burials during this period will go a long way in strengthening the actions taken so far.
Further, we urge the National and County governments to ensure equal treatment to all persons who succumb to Coronavirus. Most importantly, we urge the government to ensure that the communication on coronavirus while remaining factual, serves to inspire the people Kenya noting that most victims recover as compared to the incidences of death.

Nairobi, 14^th  April 2020.