1. In February 2018, we witnessed the forceful and inhumane arrest of Miguna Miguna for allegedly aiding an act of treason by participating in swearing-in ceremony of Raila Odinga as the ‘People’s President’. Miguna was held incommunicado by the police and after non-cooperation from the police, his lawyers sought and successfully obtained orders from the High Court to have him produced in Court without further delay. Rather than comply with the court order, the Cabinet Secretary for Interior alongside the Director of Immigration and the Inspector General of the National Police Service conspired to illegally deport Miguna to Canada after forcefully repossessing and defacing his Kenyan passport.
2. In light of these events, Miguna’s lawyers sought further intervention from the High Court and obtained yet another court order that nullified the act of deportation; instructed the Directorate of Immigration to issue Miguna with travel documents to facilitate his re-entry into Kenya or in the alternative have him travel back to Kenya on his Canadian passport and; that Miguna would determine the date of his return, notify the state and have his re-entry to Kenya facilitated by the relevant agencies with the Kenya National Commission on Human Rights allowed to observe the process to ensure compliance with the court order. It is this court order that has seen the Executive and its agents engage in deplorable acts over the last three days.
3. In line with the court order, Miguna indicated that he would return to Kenya on March 26, 2018 and did exactly that only to have his re-entry blocked by immigration officials as well the National Police Service. In a bizarre turn of events, the Directorate of Immigration attempted to have him apply for Kenyan citizenship in total disregard of the court order. This was quickly followed by acts of harassment, intimidation and assault aimed at Miguna’s legal team, the journalists covering the story as a matter of public interest and the KNCHR representative observing Miguna’s re-entry into the country. In the midst of this unfolding ordeal, yet another court order was issued instructing that Miguna be produced in court and yet again rather than comply with the order, the Directorate of Immigration and the National Police Service conspired to have Miguna ejected from the country and forcibly put on a flight to Dubai where he is currently recuperating from injuries sustained in the ordeal.
4. In this final instance, the Cabinet Secretary for Interior, the Inspector General of Police and the Principal Secretary for Interior have been held by the High Court to be in contempt and each fined Kenya Shillings 200,000 to be deducted from their next month’s salary. Given the gravity of the violations witnessed in this case, we consider such a reprimand to be far from appropriate and will do little to stop the assault on judicial authority. The Judiciary must appreciate that what they are confronting is impunity on a scale that is bound to upend the rule of law as it becomes increasingly clear that the Executive can elect which court orders to uphold and which ones to disregard as though they are above the Constitution and operate by their own set of rules.
5. It is time for the Judiciary to reflect and make a firm stand for the rule of law. Judicial Authority cannot be seen to be futile and therefore the courts must not entertain state actors who disregard their orders in one instance and expect relief from the courts in other instances. We would advise the Chief Justice to lead the Judiciary in developing and implementing a position that courts will now refuse to grant audience to the State Law office, the office of Director of Public Prosecutions and the National Police Service until such a time that they display their willingness to comply with court orders as a matter of fidelity to the Constitution. The Law Society of Kenya must recommit to its previous stand of withdrawing from court appearances until such a time that the Executive returns to compliance with court orders. Additionally, all State officers take an oath to uphold the Constitution and we shall therefore explore options to have all errant officers associated with the Miguna case ejected from office as a matter of high priority.
6. Upholding the Constitution is never a matter of convenience but is one of duty and obligation for all Kenyans. Judicial Authority is at the epicenter of our constitutional order and we must do all in our power to defend it.

George Kegoro

Executive Director

Kenya Human Rights Commission

As the Police Reforms Working Group – Kenya (PRWG -K), our operations are guided by four pillars among them police welfare. For the past five years, we have advocated for better and reasonable working hours for police officers, an improvement of their living conditions, and to ensure that officers are compensated for the long working hours.

In line with our call for accountability, we acknowledge that like any other public sector, NPS could be riddled with ghost workers and unscrupulous individuals and thus the cleanup of the payroll according to NPSC is commendable.

We note that while it is the mandate of the NPSC through the NPSC Act 2011 to deal with issues of human resource of police officers including police welfare (salaries, housing and medication among others), this mandate has not been effectively discharged by the NPSC as expected by Kenyans and the law.

Since the 2013/2014 financial year, members of the NPS have only been awarded a single salary increment of about 27% that was supposed to be implemented in 2 phases. This salary increments have never been implemented as agreed.

We welcomed the move by His Excellency the President when he launched a number of documents to guide operation of the NPS in February 2018. One of the documents was the Career Progression Guidelines (schemes of service) for members of the NPS, which clearly stipulates proper consideration of remuneration of police officers, welfare issues and career path progression. This should form a basis for any considerations into the welfare of officers.

In this respect, we the PRWG-K;

1. Call upon graduate officers and those living with disabilities to submit to the NPSC through the IG, relevant documents as stipulated by law to enable them be accorded the rightful benefits.
2. Demand that the NPSC and the Inspector General to handle any remuneration issue according to the law and professionally to avoid situations that could demoralize officers.
3. Demand that NPSC and the NPS hasten efforts to ensure that all police officers get better housing in light of the increasing numbers and the current poor living conditions.
4. Urge the NPSC and the NPS to provide a comprehensive psychological support to officers whenever need arises; and
5. Call upon NPS to implement the newly launched Service Standing Orders (SSOs) by training officers and the general public on this critical document.

Signed by:

• Independent Medico-Legal Unit (IMLU)
• Kenya Human Rights Commission (KHRC)
• International Centre for Transitional Justice (ICTJ-K)
• International Commission of Jurists –Kenya (ICJ-K)
• Legal Resources Foundation (LRF)
• International Jurists Mission (IJM)
• Kenya National Commission on Human Rights (KNCHR)
• Rights Promotion and Protection Centre (RPP)
• Federation of Women Lawyers in Kenya (FIDA-K)
• Coalition on Violence against Women (COVAW)
• National Coalition of Human Rights Defenders (NCHRD)
• Kenyans For Peace, Truth and Justice (KPTJ)
• Usalama Reforms
• Amnesty International – Kenya
• Transparency International - Kenya
• Katiba Institute (KI)
• Peace Brigade International (PBI)
• Usalama Reforms
• The Institute for Social Accountability (TISA)

Of all the nominees, there is no youth. Further, out of the whole proposed cabinet composition, only one person with disability has been nominated as a Principal Secretary. The percentage of women in all the cabinet position remains grossly below the constitutionally stipulated percentage. Worse still, it has retrogressed rather than progress contrary to Article 27 (8) of the Constitution. Whereas in 2013, the percentage of women nominated for the Cabinet Secretary and Principal Secretary positions was 30% and 36% respectively, the percentages in the current list of nominees have dwindled to a merger 28.5% and 27.8% respectively.  Exacerbating the situation, regional imbalance is out-rightly glaring with 2 out of the 43 Kenyan tribes scooping 59% of the cabinet positions.

The list of nominees reeks of pungent discrimination on the basis of age, disability, ethnicity and gender. The list flies in the face of paragraph 3 of the preamble, articles 3, 10 (b), 27, 54(2), 55 (b) and 131(2) of the Constitution and Section 10 of the Public Service (Values and Principles) Act. It cannot and should not be allowed pass in a democratic state like ours which is based values including inclusivity, equality and non-discrimination.

We, the youth, persons with disabilities, women and Kenyan from diverse ethnic backgrounds, condemn the President’s nominations, which fall far outside the coordinates of the Constitution.   We note that it is embarrassing and saddening in equal measure that twice, the President has taken oath to respect, uphold and defend the Constitution, but has gone ahead to patently and openly contravene its most basic tenets.

In his various addresses to the state, the President has reiterated that he is a president of all Kenyans and not selected Kenyans; a symbol of national unity mandated under article 131(2) (c) & (d) of the Constitution to promote and enhance unity of the people, promote respect for diversity of the people and Communities of Kenya and to ensure the protection of human rights and fundamental freedoms and the rule of law.  It is utterly shocking that the same is not reflected in his actions. It begs the question whether he indeed is a symbol of national unity or that of a selected polity for which we youth, persons with disability, women and Kenyans from certain regions do not belong.

The President, purportedly acting on recommendations of the Public Service Commission, has gone ahead to create the positions of Chief Administrative Secretaries in the Cabinet. Judging from the general and specific job descriptions of   the Chief Administrative Secretaries, they rank higher than Principal Secretaries, a development that was not envisioned in the Constitution. Had people of Kenya wanted representatives higher in hierarchy than the principal Secretaries, it could have been easier to include the same in the constitution.

We strongly condemn the move by the president to manipulate the Constitution by reincarnating the order associated with the old constitutional dispensation (i.e. Minister- Assistant Minister- Permanent secretary). Such unconstitutional move must be arrested immediately. We know that the Chief Administrative Secretaries positions were created purposely as consolation prices for the President’s allies who lost in the August 8 2017 General Elections and not for nation building . It is for this reason that the positions were never publicly advertised to give room for competitive selection contrary to article 232 of the Constitution. Kenyans denounces the redundant positions under the current constitutional dispensation and we still refuse to be burdened by the huge wage bill attendant to superfluity. We further note that the nominations of the chief administrative secretaries is marred with discrimination as elucidated above.

We the youth, persons with disability, women and Kenyans from diverse ethnic backgrounds recognize all that the all the groups are capable of ably taking up leadership roles in our country. We aspire for a government based on human rights, equality, inclusivity, social justice and the rule of law.

Therefore, we demand:

1. That the President recalls the gravely flawed list and resubmits a list that strictly adheres to the Constitution dictates with emphasis on inclusivity.
2. That the judiciary shows its fidelity to the rule of law and quashes these unconstitutional appointments

Endorsed by:

United Disabled Persons of Kenya

Youth Alive! Kenya

CRAWN Trust

The Centre for Rights Education and Awareness

The Kenya Human Rights Commission

Equality Now

Women Empowerment

National Gender and Equality Commission

Kenya Women Parliamentary Association

The Youth Congress

Federation of Women Lawyers-Kenya

International Commission of Jurist- Kenya

1. On the 30^th of January, the Jubilee regime shut down 3 media houses, and extended the information blackout with threats of investigation for ‘subversion’. Security forces have launched a crackdown on journalists, editors, and opposition leaders, and after some vindictive drama, charged an MP with an offence that it will be difficult to prove in court. Ordinary citizens have not been spared – they are also being threatened with arrest for supporting the peaceful swearing-in of Raila Odinga as ‘The Peoples President’.
4. The government claims it has averted a ‘looming massacre’. But this flies in the face of the truth. The gathering of thousands of people from all over the country on Tuesday January 30 2018 was historically and overwhelmingly peaceful. It proved that - given the chance - Kenyans express their hopes and desires for their beloved country peacefully. It tells us what we knew to be true in 2017: that it is the Kenyan police that bring violence, not the people.
5. Editors are now facing the threat of arbitrary arrest for simply doing their job – and for continuing to do it, despite enormous pressure. Providing the public with information is being made a crime. …. Will you, the people, allow this to happen in our country?
6. Kenya is deeply divided and unhappy after a fraught and violent election year that seems to have produced no real winners.  The unhappy stalemate is hurting us as citizens, and setting the stage for conflict. We are deeply concerned about reports of inter-communal violence, with people being attacked and killed because of their ethnicity. Ethnic mafias are being mobilized. There are protests in the counties – what is happening in our country? It is dangerous to be kept in the dark, as happened with the television blackout.
7. Since the elections, the Jubilee government has been grappling with serious questions of acceptance and legitimacy. The huge turnout for the ‘Peoples’ President’ ceremony points to a deep crisis. Selective arrests, bans and shutdowns will not resolve it. Kenyans are becoming desperate – political instability is on-going; food prices are continuously on the rise; job-layoffs are becoming the order of the day; and critical public services such as health and education are either sub-standard or are not truly free as the government would want us to believe. This is a painful existence for the ordinary Kenyan. People feel they already have very little to count on. Taking away our freedoms is something that we cannot and will not bear.
8. The government, meanwhile, is picking and choosing the aspects of the Constitution it wants to use. We have seen the appointment of a cabinet that disregards the gender rule required by the Constitution and reaffirmed by the courts. The President has also established a new office - the Chief Administrative Secretaries within the Cabinet – that is not recognized in the Constitution’s definition of the cabinet. There are attempts to shield appointees from vetting.
9. There are also appointments to the National Police Service that fail to comply with the requirements of public participation. Institutions like the National Police Service Commission are meant to be safeguards and sources of public oversight - but are fast becoming rubber-stamps for arbitrary, repressive actions.  And can we say our newly elected Parliament will help protect our country?  Not if it routinely fails to question the actions of the Executive.
10. There has been plenty of pressure on both sides of the political divide to engage in dialogue, and talk. The deafening silence is threatening to reverse gains the country made since the 2007-08 post-election violence.
11. Are we going to just stand by and watch our country slide back into authoritarianism? It seems we are simply watching our hard-fought rights and freedoms be taken away….Let us stand together and say NO – Not in our Country
12. In Kenya, the long and heroic struggle for democracy came at great cost for many individuals and families. This government has shown us this week that it intends to take us back into fear and deprivation.
13. We have to speak up and say ‘Not in our Country’. This is a call for action. We must reclaim the Kenya that is rightfully ours.
14. We will begin #NotInOurCountry protests on Monday with a peaceful demonstration against the actions of this rogue government; and we will put the political leadership on notice. The government serves the people; we do not serve you.  Kenyans want to be represented by a government that cherishes and respects human rights values of equality, freedom, democracy, social justice and the rule of law. This is what we - the people - proclaimed when we enacted the Constitution. That constitution governs us all – with no exceptions.

Yesterday, the official Government spokesperson Eric Kiraithe publicly announced that the Government will launch a probe into the shooting and killing of Robert Kirotich and the serious injuring of David Kipkosgei Kiptilkesi. It was officially communicated that any officer who will be found culpable of the murder of Robert Kirotich will be held liable.

The Government’s commitment to ending the ongoing forced evictions in the Embobut Forest has been publicly contradicted by Marakwet East Deputy County Commissioner (DCC) Stephen Sangolo. The Deputy County Commissioner informed the press that the operation of forcibly evicting Sengwer community members in Embobut Forest must continue.

As human rights and conservation organizations, we are deeply concerned about the mixed messaging by the Government. Sangolo’s remarks come at a time when the Sengwer community are still coming to terms with the loss of one of their own, injury of another and displacement from their homes. The remarks further threatens the early resumption of the suspended Kes 3.6 billion funding to the Water Towers Protection and Climate Change Mitigation and Adaptation Programme.

We urge the inter-ministerial committee set up by the Kenyan Government to use this time to reflect and adopt a new approach to conservation, sustainable development and human rights to the ancestral land of the Sengwer indigenous people and others in Kenya. We also call on that the Government to put in place human rights frameworks that enable a genuine consultation with the affected persons.

As we have said repeatedly, the forced evictions violate the human rights of the Sengwer, including their right to housing and to their ancestral lands, under international law, African Union (AU) human rights standards and the Constitution of Kenya and laws.

Consequently we call on the Government of Kenya to immediately;

1. Publicly communicate an immediate halt to the Embobut evictions
2. Institute the probe promised and communicate publicly the outcome of the probe within seven days;
3. Ensure consistency in their messaging to foster public confidence in their commitment to resolve the conflict.
4. Ensure that all those affected by the forced evictions are allowed to return to their lands and no further retaliation happens to Sengwer leaders and community.
5. Put in place human rights frameworks that enable genuine consultation with the affected persons are introduced.

Katiba Institute

Sengwer community leaders

Amnesty International Kenya

Kenya Human Rights Commission

Signed: Friday 19 January 2018

In many countries across the world, governments have stepped up attacks on Non-Governmental Organisations (NGOs), making it harder for them to function effectively. A global pattern has emerged, in which certain governments seek to stigmatise and delegitimise these organisations, particularly by demonising their acceptance of foreign funding or other foreign connections they might have. Moreover, governments often impose debilitating regulations, limiting NGOs activities or simply shutting them down. These measures are often cloaked by the authorities as efforts to curb money laundering, corruption or terrorism.

Such state tactics are not new and include public vilification, hostile legislation, arbitrary enforcement, surveillance, arrest and intimidation. But the speed and scale of this latest spreading wave of repression has been astonishing, fuelled by geopolitical trends and national political shifts that are weakening international human rights protection and support.

NGOs are essential for mobilising private initiative, facilitating citizen engagement and protecting people’s rights. To anticipate and prepare for potential threats, they need to closely observe the signs of a sector-wide assault on civic freedoms.

In recent years, many members of the International Network of Civil Liberties Organizations (INCLO)have had to respond to a sudden increase in threats to civic freedoms. In support of these and other NGOs who have experienced similar treatment from authorities, today, INCLO is releasing the report Gaining Ground: A Framework for Developing Strategies and Tactics in Response to Governmental Attacks on NGOs.

To inspire international solidarity and enhance cross-border exchange between different organizations, Gaining Ground provides resources and analysis designed to support national organizations who wish to formulate strategic tactics to counteract governmental threats and assaults. It identifies five strategic questions, related to specific threats observed around the world, and enumerates possible responses, evaluating their pros and cons while addressing the possible considerations determined by the context in which the organizations operate. Moreover, the publication shares relevant case studies that INCLO collected from NGOs around the world.

While the approaches adopted by other NGOs would need to resonate within the national context, INCLO’s report seeks to provide a framework of strategic proposals that can be used as a starting point to address NGO vulnerabilities.

INCLO is a network of 13 independent, national human rights organizations working to promote fundamental rights and freedoms. The INCLO members are: the American Civil Liberties Union (ACLU), the Association for Civil Rights in Israel (ACRI), the Canadian Civil Liberties Association (CCLA), Centro de Estudios Legales y Sociales (CELS) in Argentina, Dejusticia in Colombia, the Egyptian Initiative for Personal Rights (EIPR), the Hungarian Civil Liberties Union (HCLU), the Human Rights Law Network (HRLN) in India, the International Human Rights Group Agora (Agora) in Russia,  the Irish Council for Civil Liberties (ICCL), the Kenya Human Rights Commission (KHRC), the Legal Resources Centre (LRC) in South Africa, and Liberty in the United Kingdom.

Click here Gaining-Ground to download

The Civil Society condemns in the strongest possible terms this latest round of intimidation against the civil society in general and these three (3) organisations in particular. We stand in solidarity with the organisations, their staff, and their leadership who have worked tirelessly in the struggle for human rights, social justice, and peace in the country.

It is not a coincidence that the NGO Board has decided to come after these organisations at this time. All three, have been instrumental in documenting and calling for free, fair, and credible elections in the 2017 election cycle. In addition, all organisations have in one way or another been involved in litigation and other advocacy around elections issues. For example, Khelef Khalifa, the Chair of MUHURI’s Board was one of three concerned Kenyan citizens who filed a petition to the Supreme Court on 25 October 2017 in an attempt to postpone the elections for lack of preparedness. Katiba Institute is in the process of instituting legal proceedings on the constitutionality of the recently passed Election Laws (Amendment) Act 2017. John Githongo, who is part of the leadership of Inuka Kenya, has been active in civil society on precisely the issues the government doesn’t like: integrity, corruption in government, and free, fair, and credible elections.

This is not the first time that the government has targeted the institutional integrity of these organisations. In 2015, the government instigated and carried out the unlawful and illegitimate shuttering of MUHURI and another organisation on false allegations of association with known terror groups. The closure of MUHURI at the time was linked to its work to document and raise awareness on the human rights violations perpetrated by government forces in counter-terrorism operations.

We are aware of plans to target, intimidate, and subvert the work of civil society organisations in the coming days and weeks. This is part of a larger scheme to intimidation of institutions and organisations who have dared to dissent with or contradict with the official government line. We must not let this intimidation stand. The government should cease attacks against civil society organisations, end the culture of contempt and hostility towards civil society organisations working to raise the bar of accountability and integrity in the country. We call on all Kenyans to rise to the cause for a free and open civic space. We must not allow Kenya’s hard won democratic institutions be eroded.  We reiterate that we don’t recognise the summons of the NGO board as issued by Fazul. Fazul has been indicted by constitutional bodies as unfit to hold office and he continues to perpetuate illegalities by summoning civil society organisation pushing for good governance and the rule of law.

List of organisations

1. Kenya National Commission on Human Rights (KNCHR)
2. Inuka Kenya Ni Sisi Ltd
3. Katiba Institute
4. Muslims for Human Rights (MUHURI)
5. Coalition for Constitutional Implementation
6. Kenya Human Rights Commission (KHRC)

The Kenya Human Rights Commission stands in solidarity with thirteen human rights defenders arrested and detained by Tanzanian authorities in Dar-es-Salaam on the 17^th and 20^th October, 2017, respectively.

The human rights defenders were arrested and detained during a meeting convened by Community Health Education Services & Advocacy (CHESA) and the Initiative for Strategic Litigation in Africa (ISLA) to obtain instructions and evidence on a case these organisations plan to file before a court. The Tanzanian government stated that the human rights defenders were arrested on charges of ‘promoting homosexuality’ – a charge that does not exist under Tanzanian law.  Since these arrests and detentions, the Tanzanian government has moved to suspend CHESA for ‘promotion of marriage between people of the same sex.’

We condemn in the strongest terms these arrests and detentions of human rights defenders legitimately carrying out their work and conforming to Tanzania’s laws and regulations.

The Kenya Human Rights Commission calls for the immediate release of all thirteen human rights defenders. The arrest of the human rights defenders goes against Tanzanian and international human rights laws, especially as they pertain to freedom of expression and freedom of association under Articles 18 and 20 (1) of the Constitution of the United Republic of Tanzania respectively. Article 15 (2) (a) of the Constitution prohibits the state from arresting or detaining persons save only under circumstances and in accordance with procedures prescribed by law. Tanzania’s own Constitution recognises the right to seek legal redress when fundamental rights have been violated under Article 30 (3).

This latest development falls in line with attempts to intimidate human rights defenders working on the right to health of extremely marginalised members of Tanzanian society, including LGBTI persons. The Government of Tanzania should strive to ensure that all citizens, regardless of sexual orientation and gender identity and expression, have access the highest attainable standard of health, including sexual and reproductive health. Further, the Government of Tanzania should ensure that organisations that work on these important issues carry out their work without intimidation from the state, in line with international law and Tanzania’s own Constitution.