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.

The Kenya Human Rights Commission (KHRC) takes great exception to a document circulating amongst the local media and various social media platforms supposedly from the Executive Director of the NGO Co-ordination Board, Mr. Fazul Mohammed who purportedly proceeds to deregister KHRC. This is sadly yet another chapter in attempts to harass and intimidate KHRC at the hands of the NGO Co-ordination Board and more specifically Mr. Fazul Mohammed himself. The particulars cited in this letter are baseless allegations that have been directed at KHRC since 2015 and we have consistently addressed and disposed of them each time.

It was alleged then as it is now, that KHRC has operated illegal accounts, failed to abide by its statutory tax obligations, concealed transactions in relation to its board members and made false declarations to the NGO Coordination Board. In what is a recurring trend, KHRC has been condemned unheard by the NGO Coordination Board in clear violation of the Constitution as well as statutory and procedural provisions on this matter. KHRC in fact sought legal redress on these matters specifically in 2015 and obtained a clear judgement against them in Kenya Human Rights Commission v Non-Governmental Organisations Co-Ordination Board [2016] eKLR.

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Kenya has over the years registered very low numbers of women in politics and often women are accused of seeking political positions they have not earned. This has contributed to failure of enacting an affirmative action mechanism to effect the two third gender rule. In 2013 the country saw a reduced representation of women through elected seats in parliament from 9% in the 10^th August house to 5%  in the 11^th August House.  However the preliminary results of the just concluded 2017 general elections provides hope that Kenyan voters are well ahead of policy makers on the issue of women representation and so gender parity is no longer a mirage. The preliminary results indicate that the number of women in the National Assembly is likely to increase from 5% to 8% for the non-affirmative positions and from 0% to 6%in the Senate. So far we have 3 women elected as governors. Joyce Laboso Governor elect for Bomet, Anne Waiguru Governor elect for Kirinyaga and Charity Ngilu Governor elect for Kitui; again an increase from zero to 6%. Additionally there are 3 women senators. Susan Kihika Senator elect for Nakuru, Margaret Kamar Senator elect for Uasin Gishu and Fatuma Dullo Senator elect for Isiolo County.  Kenyans have elected 23 women as Constituency members of parliament as hereunder:

1. Likoni Constituency , Mombasa County – Mishi Mboko , MP Elect
2. Malindi Constituency  , Kilifi Constituency – Aisha Jumwa MP Elect
3. Taveta Constituency , Taita Taveta County- Naomi Shabaan MP Elect
4. Ijara Constituency , Garissa County – Sophia Abdi MP Elect
5. Baringo South – Grace Chelagat Kipchoim –MP Elect
6. Turbo Constituency Uasin Gishu County – Janet Jepkemboi Sitienei ,MP Elect
7. Njoro Constituecny Nakuru County – Charity Kathambi Chepkwony  – MP Elect
8. Naivasha Constituency Nakuru County – Jane Kihara – MP Elect
9. Gilgil Constituency Nakuru County –  Martha Wangari,MP Elect
10. Samburu West Samburu County – Naisula Lesuuda –MP Elect
11. Laikipia North Laikipia County – Sarah  Paulata Korere –MP Elect
12. Kajiado  East , Kajiado County –Peris Tobiko , MP Elect
13. Gatundu North ,Kiambu – Anne Wanjiku Kibe , MP Elect
14. Kigumo ,Muranga County –  Ruth W.Mwaniki, MP Elect
15. Kandara ,Murangá County – Alice Wahome, MP Elect
16. Maragua ,Murangá County – Mary W.Njoroge, MP Elect
17.  Rangwe , Homabay County – Lilian Achieng Gogo, MP Elect
18. Kabondo Kasipul , Homabay County- Eve Akinyi Obaara, MP Elect
19. Suba North ,Homa Bay County – Millie Odhiambo , MP Elect
20. Kasarani , Nairobi City County – Mercy Wanjiku Gakuya ,MP Elect
21. Kitui South Kitui  – Rachael Kaki Nyamai ,MP Elect
22. Kibwezi East , Makueni County – Jessica Nduku Mbalu ,MP Elect
23. Bomet East ,Bomet County – Beatrice Kones ,MP Elect

This is good progress as the trend will expose Kenyans to women leadership and help nurture a broader talent of women aspiring for political leadership.

The commemoration of the International Day against Homophobia, Biphobia, and Tran’s phobia, on May 17 each year, is an opportunity to reflect on the impact of violence and discrimination against LGBTI people in our society and to take concrete steps to ensure that all persons, regardless of their sexual orientation and gender identity, are treated with equality.

IDAHO’s theme this year is Families, an exhortation to think about the role our families and friends play in promoting LGBTI equality. In Kenya, we lament that families and friends remain some of the most violent towards their LGBTI siblings, parents, grandparents, and friends. LGBTI persons experience exclusion from their loved ones, withdrawal of financial and other support, as well as other forms of violence and discrimination, because of whom they are or who they love. In addition, families composed of LGBTI parents and guardians continue to face hurdles not otherwise experienced by non-LGBTI families including the lack of recognition of relationships, deprivation and prohibition of adoptions by LGBTI persons, as well as lack of services such as appropriate health insurance, life insurance, and family laws.

However, families and friends continue to be important stakeholders in the march for LGBTI equality in Kenya. Today, we honour those who have accepted their LGBTI loved ones regardless of who they are or who they love. We urge all Kenyans to practice tolerance, respect, and openness towards all persons, regardless of their sexual orientation, gender identity, and expression.

The Kenya Human Rights Commission continues to urge the Government of Kenya to create laws and policies that address violence and discrimination on grounds of sexual orientation, gender identity, and expression. Key among these law reforms includes the repeal of laws criminalising consensual, adult, and private sexual conduct between persons of the same sex, the prohibition of violence and discrimination on grounds of SOGIE, the legal recognition of transgender and intersex persons, as well as provisions which outlaw adoptions by lesbian, gay, and bisexual individuals.

1. Madam Chairperson, Honorable Commissioners, State Delegates, distinguished guests, ladies and gentlemen. Allow me to begin by applauding the Commission and in particular the Committee on the Prevention of Torture in Africa (CPTA) for the launch of General Comment No. 4 on the African Charter on Human and Peoples’ Rights focusing on the right to redress for victims of torture and other cruel, inhuman or degrading punishment or treatment.
2. This general comment will go a long way in not only providing much needed guidance to mandate holders such as States, National Human Rights Institutions and National Preventive Mechanisms; but also civil society and other non-state actors involved in facilitating redress for victims of torture and other ill treatment. I consider this to be both timely and highly relevant for my country the Republic of Kenya that has a long history of litigation in pursuit of reparations by victims of torture and other ill treatment and now in light of our recently enacted Prevention of Torture Act.
3. It is in this in light that I encourage the Committee on the Prevention of Torture in Africa to engage Kenya on the implementation of the general comment as part of operationalizing the Prevention of Torture Act. I do however note that the responsibility for implementation does not rest on the shoulders of the Commission alone or indeed those of the State. A strong collaboration between State and Non-State actors would be essential and in that regard I would propose the following:

• That civil society as practitioners take the initiative to disseminate and sensitize the public on the General Comment by working closely with victims as well as mandate holders such as National Human Rights Institutions (NHRIs).
• That civil society utilizes the General Comment to strengthen the interventions they undertake in pursuit of redress such as litigation seeking reparations for victims as well as in their evaluation of State measures aimed at providing redress. This is also linked with utilizing the General Comment to strengthen policy and legislative advocacy in the arena of redress rights.
• That the Commission makes reference to the General Comment in its decisions and other interactions with the State as well as work with civil society to exploit opportunities for sensitization in the context of country visits.
• That the Commission, NHRIs and civil society collaborate towards the development of context specific indicators for the General Comment in addition to harnessing available good practices such as witness protection and rehabilitation models as well as compensation funds.

4. Finally, while appreciating the prospects for progress presented by the Prevention of Torture Act, I must still call to the attention of the Commission the persistent challenges faced in combating torture and other ill treatment. Despite numerous commitments by the Attorney General, the payment of compensatory awards issued by the Courts in favor of victims of torture and ill treatment continues to be slow and arduous task for victims who feel re-victimized by the inability to enforce the court decisions. We urge the Commission to require the Kenyan government to provide it with a status update on the court awards issued and the status of their implementation.
5. We continue to receive reports of persons in custody being subjected to torture and being denied access to medical care, family visits and visits by their legal representatives. While some reports have been forwarded to the Independent Policing Oversight Authority (IPOA) for investigation, such investigations are hampered by non-cooperation from the police service as well as threats and intimidation directed towards victims who report errant officers and also towards the human rights defenders who try to support them. We call on the Commission to call on the Kenyan government to accord the necessary political and financial support to the Independence Policing Oversight Authority and the Witness Protection Agency and the Kenya National Commission on Human Rights as key instruments in facilitating redress for victims of torture and other ill treatment.

Thank you.

Madam Chairperson,

While the Kenya Human Rights Commission welcomes the report by the Chairperson of the Working Group on the Death Penalty and Extra Judicial Executions in Africa, we would like to draw the Commission’s attention to the following;

Kenya has for a long time been considered to be a de-facto abolitionist of the death penalty with the last execution having been done in 1986. Despite the enactment of sentencing guidelines by the then Chief Justice of Kenya in 2015, Courts of law in Kenya continue to pass the death penalty for offences that carry the mandatory death sentence as was evident in the decision of the Court of Appeal in [1]Joseph Njuguna Mwaura & 2 others vs Republic^[2].While the Kenya Human Rights Commission welcomes the President’s decision to commute 2747 convicts from death sentences to life imprisonment;

 We urge the Commission to;

• Call on the Government of Kenya to ratify the second optional protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty.

Madam Chairperson, distinguished guests;

Between 2014 to March 2017, there have been over 487 cases of extra judicial executions by the Police in Kenya in the pretext of maintaining law and order, crowd control management and countering violent extremism. This widespread pattern of extra judicial executions by the Kenyan police is a serious concern for a state that purports to adhere to the rule of law. The extra judicial execution of Kwekwe Mwandaza in Mombasa, Willie Kimani, a lawyer with the International Justice Mission and lately young man in Nairobi’s East Leigh on the 31^st of March 2017 are just some of the many cases documented by Civil Society Organizations and the Media. In response to the East Leigh incident, the Nairobi Police Commander Japheph Koome defended the killings stating and I quote:

“The same gangsters shot dead an officer yesterday. Tell all gangsters out there that when they kill an officer, I am ruthless and they will get it from me.”

This is a clear demonstration of how those charged with maintaining law and order have discharged their duties with impunity and is an indication of the states non commitment to comprehensively address this systemic gross human rights violations.

We urge the Commission to:

• recommend the Government of Kenya to institute a Judicial Commission of Inquiry into Extra Judicial Executions.