Editor's note: Watch the attack here and here:

At exactly 2:08 pm EAT on July 6, 2025, hired goons stormed our office—sent by the state to silence dissent.

They violently disrupted a press conference by Kenyan mothers calling for an end to arbitrary arrests, enforced disappearances, and extrajudicial killings targeting protesters ahead of Saba Saba demonstrations.

Saba Saba has been marked annually as a symbol of resistance and civic courage in ongoing struggles.

This was a calculated escalation in the campaign of intimidation by the William Ruto regime against the KHRC—following the extraordinary illegal rendition of our staff Martin Mavenjina—and human rights defenders holding it accountable for gross human rights violations.

We will not be silenced!

The Constitution protects our right to protest and speak out. See you on the streets on Monday!

Thousands around the world are holding mobilizations in time for the 4th International Conference on Financing for Development (FFD4), a once-in-a-decade gathering of governments held under the auspices of the United Nations to agree on international responses to urgent finance issues. Movements, civil society groups, communities and publics are mobilizing in 41 countries, in 149 cities, towns, and districts from June 27th to June 29th.

The global actions are calling for a transformation of the international financial system, as well as immediate demands such as debt cancellation, wealth taxes, and the delivery of climate finance. Movements and civil society groups are challenging Global North governments and the UN system to take the lead in bridging the development and climate finance gap, estimated to be in the trillions. A core part of this is financial reparations for historical and continuing injustices inflicted by the Global North on the peoples of the Global South.

According to Jean Saldanha, director of EURODAD: “The global financial architecture is dominated by rich countries and not responsive to the needs and priorities of the global south. It is in the interest of all of us, in the global south and north, to build a Financing for Development system that reduces inequality, provides stability and ensures adequate public finance for climate change. Yet the global north has chosen to defend an unjust status quo instead of seizing this opportunity to advance essential reforms that would give the global south a seat at the decision-making table. We in civil society will continue to demand this reform, before, in and after Sevilla.”

Civil society organizations and movements are reiterating the urgent demand for debt cancellation and calling for a UN Framework Convention on Debt Convention to pave the way for a democratic, multilateral and transparent mechanism to address unsustainable and illegitimate debt. They assert that it is vital to move away from creditor-dominated forums that have failed to prevent and resolve the accumulation of unsustainable and illegitimate debts, and have resulted in debt relief schemes that protect creditor interests.  In 2022, developing countries paid USD 49 billion more to their external creditors than they received in fresh disbursements.

UN Member States are also being challenged by civil society to support and ensure a robust outcome from the negotiations for the ​​UN Framework Convention on International Tax Cooperation, in order to effectively address international tax abuse, avoidance and evasion especially by multinational corporations and elites, which are resulting in losses in public revenues of at least USD 492 billion a year. Similarly, there is strong clamor for wealth taxes to help mobilize the trillions needed for sustainable development and climate action.

Dereje Alemayehu, executive coordinator of Global Alliance for Tax Justice, said: “The international tax system is broken. Developed by the 'rich countries' club' of the OECD, it has failed to deliver the resources urgently needed for public services, development, human rights, gender equality, and climate justice. Tax abuse by the rich and multinational corporations has instead taken these resources, deepening the debt crisis faced by so many of our countries. Now, a historic process is underway as countries will meet in August to begin negotiations on a UN Tax Convention. We expect all UN Member States to negotiate in good faith to deliver a robust Framework Convention and two early protocols.”

In addition to debt service payments and tax abuse, developing countries’ public coffers are being depleted by climate disasters. Developed countries that have historically caused the climate crisis are legally obligated by the UN Climate Convention to cover the costs of climate mitigation, adaptation, loss and damage and just transition in developing countries. Although developed countries have long claimed that they lack the public funds for climate finance, research has shown they can raise trillions by taxing polluters and profiteers, redirecting fossil fuel subsidies, and redistributing even just a fraction of their enormous military budgets. Civil society organizations and climate activities emphasize that climate finance must be delivered in the form of public, predictable, grants-based finance, instead of loans that will only exacerbate the already unsustainable debt crises in the developing world.

Tasneem Essop, executive director of Climate Action Network International, said: “The world is on fire - and the systems meant to protect us are feeding the flames. The intersecting crises of debt, climate collapse, and inequality are not abstractions — they are lived realities for people in the Global South, every single day. While governments dither and elites profit, it’s up to us to raise the alarm and demand justice. We will not stand by while wealth is siphoned from our communities, our land, our labour, to line the pockets of corporations and the ultra-rich. We will not be silenced.”

Aid cuts recently announced by the US, UK, and other Global North governments will also make it much harder for developing countries to address immediate financial needs arising from the multiple crises and undertake systems wide changes for a rapid, equitable and just transition to sustainable and climate resilient societies. Civil society groups are denouncing the cuts and asserting that aid must not be seen as charity but rather part of the reparations owed to the South.

Lidy Nacpil, the coordinator of the Asian Peoples’ Movement on Debt and Development, said: “What our world needs is a massive transfer of resources from North to South, as part of the reparations we are owed for historical injustice. For centuries, the people of the Global South have been exploited and our natural resources have been plundered–all to enrich the elites and governments of the Global North. Their enormous wealth was accumulated at the expense of our people and planet, and it is past time for them to pay up for the damage they’ve done.”

The different protest actions denounce the Global North governments for spending trillions on subsidies for fossil fuels, on wars and genocide, on militarization and domestic authoritarian operations while failing to deliver their financial obligations.

Bronwen Tucker, public finance lead of Oil Change International, said: "We're facing record-breaking cost-of-living, record-breaking fossil fuel production, and a record-breaking debt crisis. These problems are connected. They are all driven by a financial system that is catering to a tiny number of billionaires and CEOs. The only thing that can stop this is record-breaking people power. That is why we are on the streets today. At the last Financing for Development a decade ago, a UN Convention to rewrite tax rules was rejected, but now it has been won because of persistence from Global South governments and civil society. A UN Convention on debt is next. It's incredibly shortsighted for the EU, Canada, Japan, and UK to be blocking this."

Civil society has called for wider social transformation and a just transition to new modes of production, distribution, and consumption that prioritize peoples’ needs over profit. To achieve this, the inequitable economic and political relations between countries must change, and the institutions that control global economic and financial governance must be transformed.

MORE QUOTES HERE:

Patricia Miranda, global advocacy director of LATINDADD (Latin American Network for Economic, Social and Climate Justice): “Debt is the greatest challenge for the Fourth Financing for Development Conference. As we face a new debt crisis trapped in a system that concentrates power in few hands, it is urgent to initiate real reform and lay the foundations for truly democratic governance. A UN Convention on Sovereign Debt, in which all countries have a voice, can deliver fair, sustainable and equitable solutions for all."

Jenny Ricks, general secretary of Fight Inequality Alliance: "We are living in the era of the billionaire, but this is also a time of a debt crisis. Across the Global South, people are not waiting for summits to create a just world — we are on the streets to demand it. Governments need to hear the urgent cries for systemic changes like debt cancellation and taxes on the super rich, not cosmetic tweaks.”

Ingo Ritz, director of Global Call to Action Against Poverty: “As a European I am ashamed. In the FfD4 negotiations the EU - together with other rich countries - blocked the proposals from the global south to solve the global debt and financing crisis. These northern governments are defending the status quo - an international financial architecture that protects the interests of big corporations. Billions of people are suffering under austerity and conditionalities of IMF and World Bank that cut public services, increase inequality and create poverty and hunger. To ensure health, education and social protection for all we need a transformed financial international architecture.”

Absolom Jim, chapter lead of Debt for Climate: “The FFD4 process has proved a façade, another Global North-sponsored theatre where the debt noose around our necks is tightened under the disguise of false solutions. Zimbabwe and much of Africa are not asking for charity, we're demanding system change. We reject debt swaps, delays, and greenwashed gimmicks. The time for compromise is over. The world must hear this from Africa: cancel the debt and dismantle colonial finance.”

Petro Damian, chapter lead of Debt for Climate: “Africa is rich in people, culture, and resources yet trapped in debt it did not create. We demand the cancellation of illegitimate debt and the creation of a fair financial system that allows our continent to thrive, not just survive.”

Arjun Bhattarai, co-chair of Global Call to Action Against Poverty: “We need to halt the debt crisis and prevent it from occurring again. Economic Justice is the key to ending poverty, reducing inequalities and solving the climate crisis.”

Editor's note: Read the petition here and the orders here.

The High Court has barred law enforcement officers from shooting at, firing tear gas into, or attacking hospitals, ambulances, emergency medical centers, and places of worship during protests or any form of civil unrest.

This followed a suit filed yesterday by KHRC, which argued that police on Wednesday deliberately targeted these safe spaces to inflict greater harm on injured protesters and medical staff.

On Wednesday, as thousands of Kenyans flooded the streets to demand justice for those killed during the 2024 Gen Z protests, police at around 2 pm fired tear gas canisters at a medical response center set up at Jamia Mosque in Nairobi, injuring patients and medical personnel.

During the 2024 demonstrations, police also fired tear gas into hospitals and churches, including Nairobi’s All Saints Cathedral. Ironically, some of the targeted facilities were treating injured police officers at the time.

Judge Bahati Mwamuye further barred police from using tear gas, chemical agents, water cannons, or any crowd-control measures against unarmed people who have taken shelter in vehicles, enclosed or semi-enclosed spaces, or areas with poor ventilation or limited means of safe and orderly exit.

The KHRC petition argues that police also intentionally blocked key access roads to Kenyatta National Hospital, where many injured protesters are taken, suggesting a deliberate effort to maximize harm.

Now, KHRC seeks to hold the Inspector-General of Police and the Attorney-General accountable if security forces continue to target such protected spaces.

Protesters often seek refuge in churches, mosques, and emergency medical centers, which are regarded as safe havens from state violence. These institutions also provide critical, often life-saving medical treatment during crises.

Under international law, including the Geneva Conventions and Customary International Humanitarian Law, hospitals and other zones established to care for the wounded, the sick, and civilians are considered protected areas. Any attack on such spaces is expressly prohibited.

Last year, police killed at least 63 protesters and injured hundreds more. By 4 pm on Thursday, at least 15 additional protesters had been killed by police during a fresh wave of demonstrations demanding an end to police brutality and enforced disappearances. Over 400 were injured, and dozens remain hospitalized, some with gunshot wounds.

The Kenya Human Rights Commission (KHRC) strongly condemns the unlawful detention, denial of entry, and subsequent deportation of Kenyan human rights defenders Hanifa Adan, Hussein Khalid, and Willy Mutunga—Kenya’s former Chief Justice—by Tanzanian authorities at Julius Nyerere International Airport on May 19, 2025.

The three, like Martha Karua, Gloria Kimani, and Lynn Ngugi before them, were on a lawful and peaceful mission to observe the judicial proceedings involving Tanzanian opposition leader and renowned human rights advocate, Tundu Lissu. Their detention and removal, without any legal basis, constitute a serious violation of Article 104 of the Treaty for the Establishment of the East African Community (EAC) and Article 7 of the EAC Common Market Protocol—both expressly guarantee the free movement of persons within the region.

In a deeply concerning development, Boniface Mwangi is also detained by Tanzanian immigration officials in Dar es Salaam. At midnight, Mwangi was apprehended from his hotel by unidentified individuals who later became Tanzanian immigration officers. He is reportedly being held under Section 45 of the Tanzanian Immigration Act, yet no summons was issued, nor was due process observed.

These actions breach regional agreements and undermine the foundational principles of democracy, the rule of law, and respect for human rights to which all EAC member states are committed. Moreover, the Tanzanian government’s conduct contravenes international human rights obligations under the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR), which uphold the rights to freedom of movement, due process, and participation in public affairs—including the right to observe legal proceedings.

Sovereignty must not be used to justify violations of treaty obligations or fundamental rights. In the landmark case, “Samuel Mukira Mohochi v. The Attorney General of the Republic of Uganda,” the East African Court of Justice affirmed that member states must observe due process when restricting the entry of citizens from fellow EAC countries. Tanzania’s actions, carried out without such safeguards, represent a clear and unlawful breach of its regional commitments.

As such, the KHRC makes the following demands:

1. An immediate cessation of arbitrary arrests, detentions, and deportations of human rights defenders by Tanzanian authorities.
2. Unhindered access for independent observers to all judicial proceedings related to Lissu, in line with international standards.
3. Full adherence by the Tanzanian government to its regional and international human rights law obligations.

The KHRC firmly reiterates that defending human rights is not a crime. Intimidation, unlawful interference, and state-sanctioned repression must have no place in the East African region. We stand in solidarity with all those who work to promote justice, accountability, and democratic freedoms, and we will continue to advocate for protecting civic space across borders.

The Kenya Human Rights Commission (KHRC) strongly condemns the arbitrary arrest and unlawful detention earlier today of — at Julius Nyerere International Airport (JNIA) in Dar es Salaam, Tanzania

The three Kenyan advocates were detained shortly after arriving in Tanzania, where they had travelled on a lawful mission to observe the ongoing judicial proceedings involving Hon. Advocate Tundu Lissu, Chairperson of the opposition party Chama cha Demokrasia na Maendeleo (CHADEMA).

Their detention raises serious concerns about violations of fundamental human rights and the erosion of due process. Notably, the trio was engaged in a legitimate and internationally recognized human rights activity — trial observation — which is explicitly protected under the African Charter on Human and Peoples’ Rights (ACHPR) and the International Covenant on Civil and Political Rights (ICCPR).

It is essential to emphasize that trial observation is not merely a procedural formality, it is a critical safeguard that upholds the integrity of legal proceedings, especially in politically sensitive cases such as that of Hon. Advocate Lissu. The presence of independent observers helps deter judicial misconduct, promotes transparency, and strengthens public trust in the justice system.

The KHRC affirms that observers must be granted unrestricted access to all aspects of the trial process, including the presentation of evidence and the conduct of judicial officers. Any obstruction of this right undermines the rule of law and opens the door to political interference and judicial bias.

In view of these serious transgressions, the KHRC hereby issues the following demands:

1. That Tanzanian authorities uphold their binding obligations under international human rights law, including the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights.
2. Strict observance of due process in all judicial proceedings, free from political interference or intimidation.
3. That independent trial observers be granted full, unfettered access to all court proceedings related to this case, in accordance with international norms and standards.

Lastly, targeting human rights defenders and legal professionals for lawfully performing their duties constitutes a grave and unacceptable violation of fundamental freedoms. Such actions set a dangerous and regressive precedent with far-reaching implications for the rule of law and democratic governance in the region. We therefore urge the international community, civil society organizations, regional bodies, and all advocates of justice and human rights to unequivocally condemn these infringements and to stand in steadfast solidarity with the impacted individuals.

Kenya Human Rights Commission (KHRC)

Editor's note: Read the play and the court's decision here.

Scenes of armed, uniformed police barring students, journalists and the public from watching a school play while lobbing teargas at them at dawn are straight out of the Gestapo playbook.

Students of Butere Girls' High School responded with patriotic courage to the cruelty of the Ministry of Education in scheduling their performance at 6 a.m. as part of state repression by singing the national anthem and walking off the stage. The High Court directed that the play proceed, and the Drama Festival Committee staged the performance at dawn to comply with the court's ruling in a criminal manner.

Other schools have elected not to perform at the National School and Drama Festival owing to the repressive atmosphere that has descended on this year’s event.

We commend and celebrate the courage and patriotism of Kenya’s students in the face of an oppressive and insecure state and commit our solidarity with them. They have been fearless in taking this important play and continuing it even after threats from the State House.

This violent assault on the freedoms of thought, conscience, information, expression and opinion—guaranteed by no less than the Constitution[1]-- violates the state’s obligation to provide education to children.

Over the 66 years that the Kenya Schools and Colleges Drama Festival has been held each year, it has evolved into a site for speaking truth to power. Still, none of the regimes that have ruled over Kenya in that time has exposed its vulnerability through crude repression as in the present case.

Regimes that ban, circumscribe or stifle artistic expression, such as the Butere Girls' High School play “Echoes of War”, only confirm the truth in the art. The William Ruto regime fears the truth that 50 students speaking from a high school auditorium can infect the public.

The muscular tactics of muzzling artistic expression and dialogic learning, including the attack and injury of six journalists during the arrest of Cleophas Malala, the play’s director, tell the youth of this country that those who run the government are enemies of the people. The message being unwittingly sent out is that youth are not allowed to imagine a future shaped by young people who confront oppressors, call out injustice, and create change. That message is a monumental falsehood that must be demolished.

After months of rehearsals and nationwide acclaim, the girls who performed this play at the sub-county, county, and regional levels did what artists are expected to do in times of uncertainty. They held up a mirror to society and spoke for a generation often misrepresented, dismissed, or silenced.

The High Court has already affirmed that the girls have the right to perform the school play. The Ministry of Education, the Drama Festival Committee, and state agencies must respect the law as it stands. This violation chips away at the foundation of our republic.

The parallels between this play and Kenya’s Gen-Z revolution of 2024, in which young people took to the streets to challenge power and demand good governance, might bring back uncomfortable memories for Ruto, who was forced to veto the punitive Finance Bill but had police kill scores to silence them. Gen-Z’s courage reminded the world that people’s power can unseat even the most stubborn autocrats.

Education is meant to prepare the young to lead. The scenes at the drama festival are another awakening of our collective conscience. Consequently, due to the gross violation of the constitution and contempt of the court order, we demand the following:

1. The Butere Girls students should be allowed to perform “Echoes of War” at the National Drama Festival without any conditions, delays, or reprisals, and they should be provided with psychosocial support for the trauma and intimidation they have endured.
2. No student, teacher, or school administrator is subjected to intimidation, disciplinary action, or retaliation for participating in the production or standing in its defense.
3. The Cabinet Secretaries and Principal Secretaries for Interior and Education, the Inspector-General of Police, the Director of Criminal Investigations, and all regional and local education and security officials involved in this unconstitutional interference immediately resign and face prosecution for abuse of office, violation of human rights, and contempt of the court order.
4. Cleophas Malala, the director of the play, should be released immediately and unconditionally, and any charges or investigations against him should be dropped.
5. The government immediately ceases its growing culture of censorship and repression and ensures that all Kenyans remain vigilant, resilient, and unyielding in the face of deepening authoritarianism.
6. Police officers who attacked the six journalists must be held to account, and immediate measures must be taken to protect media freedom and ensure the safety of journalists while they work.

KHRC is closely monitoring the situation and exploring appropriate legal remedies to ensure the culprits are held accountable.

Historical background

The experience of Butere Girls' High School students reminds us of the legacy of the Kamirithu Community Educational and Cultural Centre and its moving theatre. This was a revolutionary initiative in the late 1970s led by Ngũgĩ wa Thiong’o. Born from a grassroots effort in Kamirithu village, the theatre used storytelling and performance in Gĩkũyũ to address issues like land struggles and political betrayal in post-independence Kenya. When the play Ngaahika Ndeenda became popular for challenging the ruling elite, the government responded with brutal repression, razing the cultural centre and banning the theatre.

[1] See Constitution of Kenya, Articles 32, 33, 34, 35 and 36 on freedom of thought, conscience, belief and opinion; freedom of expression; freedom of information and association.

The Clerk, National Assembly

Tel: 254 2 2221291 or 2848000

Fax: 254 2 2243694

E-mail: cna@parliament.go.ke

March 6, 2025

Dear Mr. Samuel Njoroge, CBS,

PETITION TO THE NATIONAL ASSEMBLY UNDER ARTICLES 1, 2, 10, 26, 28, 29, 37, 48, 118, AND 119 OF THE CONSTITUTION OF KENYA AND PETITIONS TO PARLIAMENT (PROCEDURES) ACT AND STANDING ORDERS 219 AND 223 OF THE NATIONAL ASSEMBLY

WE, the undersigned, comprise an organization and coalitions that push for good governance, an end to mass atrocities, and reparations for historical injustices. Specifically, the Kenya Human Rights Commission (KHRC) is a human rights and governance non-governmental organization duly registered in Kenya since 1994. KHRC has played a critical role in protecting and fostering human rights, democratic values, human dignity, and social justice in Kenya and beyond. The Kenyans for Peace with Truth and Justice (KPTJ) is a coalition of over 30 Kenyan and East African legal, human rights, and governance organizations, together with ordinary Kenyans and friends of Kenya, convened in the immediate aftermath of 2007’s presidential election debacle. KPTJ maintains that there can be no peace without truth and justice. The National Victims and Survivors Network (NVSN) is the umbrella body comprising various victims’ groups that have suffered human rights violations and historical injustices. NVSN was formed because of a resolution after a National Victims Convention, which was held in 2009 on the heels of the Kenya National Dialogue and Reconciliation and at the onset of the truth, justice and reconciliation process.

DRAW the attention of the National Assembly to the following:

1. THAT Kenya has endured a long history of state-perpetrated injustices from 1895. February and March, in particular, have been marred by grave and systemic human rights violations committed by both colonial and post-independence regimes. These include the execution of Dedan Kimathi on February 18, 1957, the assassination of Pio Gama Pinto on February 24, 1965, the murder of Josiah Mwangi Kariuki, popularly known as JM around March 2, 1975, the Wagalla Massacre on February 10, 1984, and the assassination of Robert Ouko around February 13, 1990, among others—many of which are documented in Kenya’s Truth, Justice, and Reconciliation Commission (TJRC) report.
2. THAT for the past two decades, this period has served as a political moment to commemorate these injustices and sustain the quest for truth and justice. The continued failure to address these atrocities has entrenched a culture of impunity, where state actors—shielded by official amnesty—face no consequences for their actions.
3. THAT these politically motivated killings from the past drew troubling parallels to the Gen-Z crackdown last year. It follows a familiar pattern: opposition to a repressive administration, mass abductions that make tracing victims nearly impossible, extrajudicial killings where bodies remain unaccounted for, and ultimately, the absence of truth and accountability.

Public apology

4. THAT the TJRC, established in 2008, addressed Kenya’s historical injustices and human rights violations. Its formation aimed to respond to decades of political repression, ethnic violence, land disputes, economic marginalization, and state-backed brutality—many of which, including assassinations, can be traced back to the colonial era and have persisted under subsequent regimes.
5. THAT in May 2013, TJRC submitted its report to President Uhuru Kenyatta. While it was later tabled in the National Assembly, it has yet to be debated or adopted. The report implicated the government in the assassinations of JM, Pinto, and Ouko. TJRC provided recommendations on how the state could atone for its actions during the Kenyatta and Moi regimes.
6. THAT one key recommendation called for public apologies for colonial and post-colonial injustices.

Lack of public access to investigative materials

7. THAT TJRC recommended the government release all records from past investigations into these assassinations through the National Archives within six months of the report’s publication. However, these materials have yet to be made accessible to the public.

No memorials honoring assassinated leaders

8. THAT the TJRC also recommended constructing monuments to honor Kenya’s assassinated leaders, incorporating educational elements to highlight their contributions. These memorials, whether statues, museums, or institutions, were to be completed within two years of the report’s release. However, these monuments have yet to be constructed.
9. THAT in 2015, President Kenyatta and former Chief Justice Willy Mutunga apologized for the atrocities—albeit two years later than the TJRC’s suggested three-month window. While this was a step in the right direction, several critical recommendations, particularly those concerning political assassinations, as highlighted in paragraphs seven and eight, remain unfulfilled.
10. THAT to the best of our knowledge, the issues we have raised are not pending before any court of law or constitutional or legal body.

HEREFORE, your humble petitioner prays that Parliament:

1. Debates and adopts the TJRC report within a reasonable time and summons the Attorney-General to present the proposed implementation framework as outlined in the TJRC Act. This should include a mechanism for commemorating and honoring those who sacrificed in liberation struggles from the colonial era to the present.
2. Summons the Attorney-General to clarify the status of the reparations fund proposed by President Uhuru Kenyatta during his 2015 State of the Nation address.
3. Summons the Attorney-General to explain the specific measures being taken to investigate and hold accountable perpetrators of the gross human rights violations witnessed during the Gen-Z protests.
4. Summons the Attorney-General to outline the measures the government is taking to uphold the constitution and the rule of law as the foundation for promoting a culture of human rights and guaranteeing non-repetition of impunity.
5. Summons the Cabinet Secretary for Foreign and Diaspora Affairs to explain the Kenyan government’s engagement with the British government in securing credible information to locate Dedan Kimathi’s grave and remains and resolve other colonial injustices.
6. Summons the Cabinet Secretary for Foreign and Diaspora Affairs to provide details on the government’s engagement with the British government in seeking a formal apology—beyond mere statements of regret—for the atrocities committed during the colonial period, as recommended in the TJRC report.
7. Summons the Cabinet Secretary for Foreign and Diaspora Affairs to explain the steps being taken to ensure the British government establishes a reparations fund for the victims and survivors of colonial-era atrocities.

Presented by:

Name of the petitioner: Davis Malombe

Position: Executive Director of the Kenya Human Rights Commission (KHRC)

Full address: P.O. Box 41079-00100, Nairobi, Kenya

On behalf of:

1. Kenyans for Peace with Truth and Justice (KPTJ)
2. Kenya Human Rights Commission (KHRC)
3. National Victims and Survivors Network (NVSN)

CC:

Hon. Moses Masika Wetangula,

Speaker of the National Assembly,

P.O. Box 41842-00100

Nairobi, Kenya

Dr. Raymond Nyeris,

Vice-chairperson, Kenya National Commission on Human Rights (KNCHR)

P.O Box 74359-00200,

Nairobi, Kenya

Faith Odhiambo,

President of the Law Society of Kenya

Lavington, opposite Valley Arcade, Gitanga Road

P.O Box 72219-00200

Nairobi, Kenya

Editor's note: Read the petition.

The court said it will issue a typed judgment after two weeks.

The court has declared that the national and county governments' ongoing failure to allocate 30 percent of their budgets for development is unlawful.

This decision followed a petition filed by the Kenya Human Rights Commission (KHRC) in 2024.

Judges Teresia Matheka, Rayola Olei, and Robert Limo instructed 20 county governments, along with the National Treasury—also named in the lawsuit—to ensure that 30 percent of their budgets are dedicated to development.

The court has given the counties and the National Treasury three months to report on compliance with this order.

According to a report from the Controller of Budget, the national government allocated only 17 percent of its revised gross budget to development expenditures during the first six months of the 2023-24 financial year.

Most counties that KHRC sued spent less than 10 percent of their budgets on development. These counties included Kisii, Nairobi, Machakos, West Pokot, Nyandarua, Lamu, Nyeri, Samburu, Taita Taveta, Makueni, Meru, Kericho, Baringo, and Isiolo. The lawsuit also included Kajiado, Narok, Bomet, Uasin Gishu, Laikipia, and Marsabit.

In comparison, in the 2022-23 financial year, 16 counties did not meet the requirement of allocating 30 percent for development expenditures. Furthermore, eight counties failed to meet the same threshold from the 2018-19 to 2021-22 fiscal years.

KHRC told the court that failing to allocate the required 30 percent undermines development and violates Kenyans' social, economic, and cultural rights.

The last seven months have tested Kenya’s democracy and rule of law and plunged it into an abyss so deep that it may take the country years to recover.

William Ruto’s administration looks more isolated with each passing day as his regime continues with a bloody crackdown on pro-democracy advocates.

Ruto and politicians allied to him have been making statements justifying the abductions of government critics in operations that may have resulted in extrajudicial killings.

These abductions escalated in 2024, a year that saw parliament breached on June 25 by youth protesting oppressive laws, when the pressure for increased accountability surged.

The Kenya National Commission on Human Rights (KNCHR), the Kenya Human Rights Commission (KHRC), and other partners operated a joint situation room to monitor police abuses during the same period, marked by a wave of Gen-Z protests. KNCHR reports that 82 youths have been abducted since June, with 29 still missing.

Media outlets today confirmed the release of five of the six youths abducted in December—Billy Mwangi, Peter Muteti, Bernard Kavuli, Rony Kiplangat, and Kibet Bull—for sharing satirical images of William Ruto or linked to those who issued the photos. However, the whereabouts of blogger Steve Mbisi remain unknown.

Conflicting and sycophantic comments and statements by state officers, including implicit endorsement of abductions as a legitimate response to alleged violation of the law, point to the reasonable likelihood that the rampant abductions are state-sponsored. State security agents have publicly denied involvement, while Ruto has acknowledged their participation, saying his administration will "stop the abductions." In his New Year’s message, Ruto conceded: “It cannot be denied that there have been instances of excessive and extrajudicial actions by members of the security services.”

What they said

Kimani Ichung’wa, the majority leader in the National Assembly, supported false claims by COTU’s Francis Atwoli, that abductees were faking their abductions for financial gain. In what appeared to be an attempt to divert attention, Ichung’wa made startling claims about abductions and killings during president Uhuru Kenyatta’s tenure, accusing a governor of orchestrating a scheme that led to dozens of missing persons’ bodies dumped in River Yala. Ichung’wa and Atwoli spoke in Bungoma on January 3 during the requiem mass of the mother of National Assembly speaker Moses Wetangula.

During the same service, Amason Kingi, the senate speaker, said that the government would resort to brutal tactics to firmly deal with youthful critics, blaming their behavior on a “lack of parental guidance.” He warned parents not to wail over their children when the government “takes action.”

Sirisia MP John Waluke sensationally claimed abductions were “fabricated stories to tarnish the reputation” of Ruto’s administration despite overwhelming evidence that security forces were involved. He spoke in Bungoma on January 3.

Tiaty MP William Kamket dismissed those calling for Ruto's resignation through online satire as “lazy bones in bed” and warned that his side could extend Ruto's term without facing any consequences. He made these remarks during the Kerio Valley interdenominational prayers at Tot, Elgeyo Marakwet, on January 5.

At the same event, Oscar Sudi, the Kapsaret MP, openly supported the abduction of those sharing Ruto’s AI-generated satirical images. He said that, if he were the Interior CS, it would only take him three days to deal with those creating and sharing Ruto’s silhouette images through authoritarian actions.

These threats followed a denial from Kipchumba Murkomen, the Interior CS, that no abductions and extrajudicial killings were happening under Ruto’s watch. Murkomen’s statement trivializes the executions of young people who exercise their right to freedom of expression in agitation against a regime that is miserably failing them. He spoke in Bungoma on December 27.

These politicians seemed to have taken a cue from deputy president Kindiki Kithure, who, in September of last year, justified the use of excessive force by police against unarmed protesters, leading to deaths and abductions. Kithure made these remarks during his appearance before the National Assembly's security and administration committee.

Laws violated

The comments these politicians made violated our constitution. State officers are bound by the national values and principles of governance, which include human rights, the rule of law and democracy as espoused in Article 10 of the constitution. Article 9 declares that the principles in article 10 apply to all state officers when making, interpreting and applying laws and policies. Further, article 19 expects governance and leadership that is human rights-based for which the cited state officers have abrogated. 

These state officers have terribly failed the constitutional expectations of leadership and integrity under chapter six of our constitution. Additionally, article 73 states that authority entrusted to a state officer, such as these politicians, is a public trust. It must be exercised in a manner consistent with the constitution’s purposes and objectives, demonstrating respect for the people, upholding the nation’s honor and the dignity of the office, and promoting public confidence in its integrity.

The abductions, which the human rights movement fights to stop, have severely undermined fundamental rights, including the right to life, human dignity, freedom and security of the person, and freedom of conscience, religion, belief and opinion. They have also violated freedoms of expression, assembly, demonstration, picketing, and petition, as well as the rights to fair administrative action, access to justice, and protections for arrested individuals.

Abductions can never be justifiable

In his New Year’s message, Ruto said that “every freedom has its limits and that public safety and order must always supersede the desire for unchecked liberty.”  KHRC reminds him that freedom of opinion and expression, which his regime and its supporters are hell-bent on curtailing, is the cornerstone of every free and democratic society.

Any limitation on freedom of expression and opinion must be done lawfully. Article 24 states that "a right or fundamental freedom in the Bill of Rights shall not be limited except by law, and then only to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom."

The arbitrary arrests, abductions, forced disappearances, torture, threats to life and killings that we have witnessed in the recent past can never be justifiable as a response to alleged breaches of the law in the open and democratic society that Kenya is.

Resignation

The KHRC warns the leaders mentioned in this statement and others that we are meticulously documenting all their public utterances that support the ongoing breakdown of the rule of law in Kenya, as exemplified by these abductions. At the right time, we are confident that they will all be held accountable.

Further, the KHRC demands the immediate resignation of Ichung’wa, Kingi, Kamket, Sudi, Murkomen, Waluke, and Kindiki from their state offices over their utterances supporting abductions. We also demand the resignation of inspector-general of police, Douglas Kanja, as abductions occurred under his watch.

Additionally, the KHRC calls for an impartial and thorough investigation into their statements and potential involvement in the abductions and extrajudicial killings of state critics. Those found culpable must face prosecution and be permanently barred from holding state or public office.

The board and secretariat of the Kenya Human Rights Commission (KHRC) are deeply devastated by the untimely passing of comrade Roseline Doreen Adhiambo Odede.

Until her demise on January 3, 2024, comrade Odede was the chairperson of the Kenya National Commission on Human Rights (KNCHR), a constitutional commission.

We extend our heartfelt condolences and solidarity to her family, friends, and colleagues at KNCHR during this time of great loss.

Her passing comes at a critical moment when Kenya continues to face gross human rights violations and abuses.

Commissioner Odede provided prolific political leadership in addressing these challenges, working tirelessly in partnership with the human rights movement. Her loss is a significant blow to the nation.

In her acceptance speech during her swearing-in as the KNCHR's chairperson at the Supreme Court on March 3, 2022, Commissioner Odede declared: “Under my leadership, the Kenya National Commission on Human Rights will remain key in reaffirming the commitment of our country towards protecting the sovereignty of the people of Kenya, securing the observance of democratic values and principles by all State organs, and promoting constitutionalism.”

True to her word, Commissioner Odede showed reliable commitment and exceptional leadership throughout her tenure. Under her watch, KNCHR and KHRC, key state and civic actors within the justice and human rights movement, respectively, deepened their partnership and amplified their collective actions in addressing emerging societal injustices.

As we mourn and celebrate her life, we urge all Kenyans to remain resolute in defending and upholding human rights. We also remind the Ruto regime of its constitutional obligations to protect citizens. The regime must immediately cease abductions and other atrocities that Commissioner Odede and many of us have fought against.

Comrade and Commissioner Odede, you fought a good fight in the face of unprecedented political adversities. May your legacy inspire us to continue our joint struggle for a human rights state and society.

Rest in power.

Davinder Lamba, KHRC board chairperson

Davis Malombe, KHRC executive director

Kenya Human Rights Commission (KHRC) is a premier and flagship non-governmental organization (NGO) in Africa with a mandate of enhancing human rights-centered governance at all levels. Our vision is a society of free people, and our mission is to root human dignity, freedoms, and social justice in Kenya and beyond.