The Kenya Human Rights Commission (KHRC) supports Nelson Amenya's legal battle against Jayesh Saini.

Amenya is a whistle-blower on the opaque JKIA-Adani agreement.

President William Ruto ordered the cancellation of a procurement process expected to award control of the country’s main airport to India’s Adani Group after its founder was indicted in the United States.

The deal was to burden Kenyan taxpayers with billions of shillings in costs.

Amenya’s revelations revealed the lack of due process and the secrecy surrounding this questionable agreement.

Amenya further disclosed to the public the shadowy figures taking over our public health sector under the Social Health Insurance Fund (SHIF).

His critical disclosures gave the public information that powerful entities sought to suppress. 

Following his exposé and campaigns against the secretive JKIA-Adani deal and SHIF, Saini filed lawsuits against Amenya in Kenya and France.

In our view, the cases are designed to prevent Amenya from disclosing to the public how the agreements were entered into.

We urge the public to support Amenya as he works to raise legal fees to defend himself over charges brought against him.

Retaliatory legal actions threaten democracy and set a dangerous precedent that could deter future whistle-blowers and justice activists from sharing vital information.   

We cannot let this stand, as it would dent the fight for transparency and accountability in Kenya.

KHRC calls on all persons of goodwill to support Amenya by contributing to his legal fund, as provided in the details below:

Mpesa: 0729313028 

GoFundMe: gofund.me/18256004 

The Kenya Human Rights Commission (KHRC) stands in solidarity with the Kenya Conference of Catholic Bishops (KCCB) for its bold and timely statement addressing the culture of deceit and repression currently gripping our nation.

The KCCB concerns, communicated on November 14, reflect what Kenyans feel about this regime, which promised heaven and is delivering hell.

The KCCB statement builds on others they have been issuing, including the most recent on October 16 with the Supreme Council of Kenya Muslims (SUPKEM) and the National Council of Churches of Kenya (NCCK).

In the October 16 statement, KCCB, SUPKEM, and NCCK voiced deep concerns over Kenya’s deteriorating social, political, and economic conditions.

They highlighted the rising tensions fueled by political leaders engaging in ethnic mobilization, which they warned echoed the events leading up to the 2007 post-election violence. They called for an end to such divisive actions and emphasized the urgent need for national unity.

Pervasive corruption at national and county levels was condemned as a blight on the nation’s moral fabric. The statement lamented the widespread impunity among officials, noting that it undermines public trust and exacerbates societal suffering.

We’ve been raising the same concerns

However, not just KCCB, SUPKEM, and NCCK have voiced these concerns.

KHRC, in a host of statements, including the recent two to the United Nations Human Rights Council—opposing Kenya’s candidature for the UNHRC seat—and to the African Commission on Human and Peoples’ Rights (ACHPR)—decrying the human rights crisis in Kenya—concurred with what KCCB said on November 14. So do other powerful communiques we issued through the Civic Freedoms Forum (CFF) over the high stakes of civic rights that continue to face repression.

Similarly, through the Police Reforms Working Group (PRWG), National Integrity Alliance (NIA), Okoa Ochumi, and the Elimu Bora Working Group (EBWG), we denounced police brutality, corruption and integrity deficits, odious debts, and the ongoing crisis in the education sector, respectively.

Reignite spirit of resistance

Kenyans have been united for months by a rallying cry: “Ruto must go.” This demand reflects their frustration with a regime that has failed to govern by law. With every decision he makes, Ruto continues to undermine the constitution and disregard the international treaties Kenya has ratified. Under such blatant misgovernance and persistent human rights violations, what other recourse remains for Kenyans?

Ruto’s statement during his time as deputy president, in which he claimed to champion freedom, dignity, and humanity, is far from what his regime is doing today. Kenyans have not forgotten that in a letter to the KCCB on September 16, 2021, Ruto pledged support for justice, transparency, and protection of human rights. However, recent policies and actions marked by oppressive taxation and police brutality stifled dissent and disregarded human life.

Now, the KCCB has rightly condemned the reintroduction of punitive taxes through the 2024 tax amendment bill. The bishop's call against over-taxation is not merely a financial critique but a plea for economic justice, which KHRC advocates for.

Economic justice can be achieved if this regime halts the rampant corruption and moral decay within its leadership. This requires holding culpable officials accountable by arresting, arraigning, and prosecuting those involved in scandals that led to pilferage and theft of public resources. 

KHRC calls on interfaith groups, civil society, and ordinary Kenyans to unite and reignite the spirit of resistance and a culture of good governance as enshrined in Article 10 of the Constitution. Together, we can overcome this regime, just as we did through our concerted efforts during the repressive KANU era (1963–2002). This will align with the spirit of Article 3 of the Constitution, which emphasizes the defense of our supreme law.

Editor's note: The Kenya Human Rights Commission (KHRC) holds observer status with the African Commission on Human and Peoples' Rights (ACHPR). During this year’s 81st ordinary session, KHRC presented a statement urging the ACHPR to take immediate action to address the ongoing human rights crisis in Kenya.

Introduction
The Kenya Human Rights Commission (KHRC) presents this statement to express grave concerns regarding ongoing human rights violations and governance challenges in Kenya under President William Ruto’s administration. Despite Kenya’s commitment to human rights through regional and international obligations, the situation reveals a stark contradiction. The Ruto regime has systematically undermined human rights protections, weakened democratic institutions, and fostered a culture of impunity, violating the principles enshrined in the African Charter on Human and Peoples' Rights and Kenya’s Constitution.

Human    rights        violations
Since taking office in September 2022, the Ruto regime has been implicated in numerous grave human rights violations, many constituting crimes against humanity, yet no one has been held to account. Key areas of concern include:

a) Unlawful killings and enforced disappearances
The police continue to employ excessive force during peaceful protests, leading to at least 63 civilian deaths, 65 enforced disappearances, and over 1,400 unlawful detentions, particularly during the 2024 Finance Bill protests. No state perpetrator has been brought to justice.

b) Suppression of civic space and media
The government has intensified restrictions on civic engagement and freedom of expression. Civil society organizations (CSOs) face unwarranted scrutiny and harassment, with state agencies unlawfully investigating 16 organizations since July 2024, alleging their involvement in the otherwise organic Gen Z uprising. Media freedoms have also been curtailed, limiting live coverage of protests and silencing dissenting voices.

c) Economic and social rights violations
The Ruto regime’s economic policies have deepened suffering among marginalized communities, particularly during the 2024 floods that displaced thousands and killed at least 228 people in informal settlements. The regime further imposed punitive taxation through various finance bills and laws, undermining the realization of economic and social rights as outlined in Article 43 of Kenya’s Constitution. This continues with the forceful introduction of the Social Health Insurance Fund, with many Kenyans suffering chronic diseases being forced to forgo essential medical procedures.

d) Community rights and post-mining land use
KHRC is deeply concerned about the inadequate implementation of equitable revenue-sharing mechanisms for communities affected by mining activities. Despite legal provisions mandating the allocation of royalties to local communities, these revenues have never been disbursed, and the requirements are applied inconsistently, resulting in communities’ exclusion from crucial decision-making processes concerning their resources.

Post-mining land use is particularly sensitive in Kenya, where land issues are emotive and intertwined with historical injustices. Vulnerable communities are often excluded from government-commissioned post-mining land committees, leaving them without a voice in decisions that directly impact their livelihoods and environments. This exclusion, combined with fears of land grabbing, places these communities at further risk as mining operations cease and the land becomes a target for external interests.

Call for action by the African Commission

We urge the African Commission on Human and Peoples' Rights to take immediate action in addressing the human rights crisis in Kenya, specifically to:

Initiate an investigation: Establish an independent fact-finding mission to investigate human rights violations, including unlawful killings, enforced disappearances, arbitrary arrests, and the suppression of civic space.

Hold government accountable: Press the Kenyan government to uphold its obligations under the African Charter, Kenya’s Constitution, and other regional and international treaties that the country is signatory to, and ensure justice for victims of human rights violations.

Engage the African Union: Given Kenya’s poor human rights record, consider withdrawing support for the country’s international engagements, including its undeserved seat in the United Nations Human Rights Council.

Advocate for community rights: Ensure transparency in royalty distribution and empower communities to participate in post-mining land use planning.

Support civil society and media freedoms: Ensure Kenya adheres to African Union standards for civil society engagement, media freedom, and the protection of human rights defenders.

Conclusion

KHRC is deeply concerned about the regressive human rights situation in Kenya. The regime’s disregard for the rule of law and constitutional protections cannot go unchecked by the African Commission.

In the heart of every African lies a cry for justice; may the African Union be the caring mother who listens and acts to protect her children. This call for justice shows the urgent need for accountability and compassion in addressing human rights violations.

We implore the Commission to recognize the profound impact of these violations on the fabric of our society and to take decisive action to uphold the values of human rights.

We urge the Commission to hold the Kenyan government accountable, ensure justice for victims, and reaffirm the principles of human rights, transparency, and good governance across the continent.

Plainclothes police officers, lacking identification and service numbers, abducted Boniface Mwangi this morning following his call for Kenyans to honor those killed in the June and July protests.

Mwangi had encouraged Kenyans to wear fatigues with anti-Ruto slogans and carry a Kenyan flag as symbols of resistance at today’s StanChart marathon.

KHRC fully supports Mwangi’s actions. He was exercising his right to free expression, demanding accountability for the lives lost, injuries sustained, and dreams shattered by police brutality during the protests.

Authorities now allege that Mwangi “incited violence” and are pressing for charges. However, Mwangi’s words were not incitement—they were a call to Kenyans’ conscience, urging us to recognize the autocratic tendencies of William Ruto, who has neglected his duty to protect citizens and take responsibility for the tragic outcomes of his misgovernance.

Police are holding Mwangi at Kamkunji police station, claiming they await directives from the Nairobi Area. We demand Mwangi’s unconditional release, the dropping of all charges, and assurance of his safety.

Not isolated incident

Mwangi’s abduction and forced detention is not an isolated incident.

This pattern has persisted since the IEBC declared Ruto as president in 2022. Recently, this regime even facilitated the abduction and refoulment of four Turkish refugees and has been implicated in the kidnapping, torture, and killing of numerous Kenyan youths this year.

The police continue to operate like gangsters—arresting individuals in plain clothes without displaying their badges, in direct violation of a court order mandating proper identification. This deliberate disregard for identification undermines accountability, violates the law, and perpetuates a culture of impunity.

To our fellow Kenyans, use every opportunity—whether in social spaces or workplaces—to resist this regime and demand accountability for its injustices. These oppressive actions must end.

Dear Minister of Justice, Honorable Titus Mvalo

Ahead of this joint letter, the World Coalition Against the Death Penalty would like to express its deepest condolences to the Government and people of Malawi for the passing of Vice President Mr. Saulos Chilima on 11 June 2024.

The World Coalition Against the Death Penalty is an alliance of more than 170 NGOs, bar associations, local authorities, and unions, whose aim is to strengthen the international dimension of the fight against the death penalty. The last few years have been marked by many advances in the abolitionist movement at the global level. This abolitionist momentum is particularly evident on the African continent. In recent years, fourteen African States have abolished the death penalty for all crimes: Rwanda in 2007, Togo and Burundi in 2009, Gabon in 2010, Benin in 2012, Congo and Madagascar in 2015, Guinea in 2016, Burkina Faso in 2018, Chad in 2020, Sierra Leone in 2021, and Central African Republic, Equatorial Guinea for ordinary crimes, and Zambia in 2022. In 2023, Ghana adopted a law to abolish the death penalty for ordinary crimes. Today, 27 out of 55 African Union Member States have abolished the death penalty in law and 15 States have a de jure or de facto moratorium on executions. 

The steps that the Republic of Malawi have recently taken in view of abolition of the death penalty have been commendable. In this regard, we at the World Coalition Against the Death Penalty note the progressive decision by His Excellency Dr. Lazarus Chakwera, President of the Republic, to commute all death sentences in Malawi to life imprisonment in 2022. We are further pleased to note that since His Excellency the President’s clearance of the death row through clemency, no Malawian court has sentenced anyone to death, ensuring that at the writing of this letter, Malawi’s death row remains empty.

The World Coalition Against the Death Penalty and 67 other co-signing organizations are impressed to note that in 2022, the Parliamentary Legal Affairs Committee organized public consultations on the use of the death penalty, resulting in an overwhelming majority supporting abolition. We understand that this extensive consultative process was followed by another nationwide enquiry on the same topic, led by the Minister of Justice in January of 2023. We note that the majority of the delegates to this public enquiry also supported your Ministry’s plans to abolish capital punishment in Malawi.

At the end of last year, the World Coalition Against the Death Penalty partnered with the non-governmental organization Reprieve and the Parliament of Malawi in a highly successful engagement involving the women’s caucus of Parliament. At this event, women law-makers in Malawi decisively endorsed abolition and pledged their support for an abolition bill if it were to be brought to Parliament. 

It is against this background that the World Coalition is certain that Malawi is ready to abolish capital punishment once and for all. Drawing on its observation of successful abolitionist movements across the African continent, that notably includes Zambia (who engaged in a learning-based exchange with Malawi officials in October 2023 on the importance of abolition), the World Coalition and its member organizations believe that the Malawian Government, through the Ministry of Justice, holds the key to abolition; initiating a government bill to abolish the death penalty.  

Taking decisive action on abolition will reaffirm Malawi’s position as a leader in the respect, protection, and promotion of human rights both in Africa and the world at large. Abolition will also go a long way towards securing Malawi’s place as a leader in criminal justice reform on the African continent and allow Malawi to join her neighbours who have led in the region on the abolition of the death penalty. Importantly, abolition at this time will also reflect well upon Malawi’s status as a member of the Human Rights Council and will cement the current Government’s legacy of commitment to the rule of law and the promotion of human rights. With the desire to build on this positive momentum towards abolition in Malawi, the World Coalition Against the Death Penalty and the following 67 cosigning organizations look forward to progress in your country’s next parliamentary session that may include a government bill to abolish the death penalty. 

Yours sincerely,

Matthew Goldberg 

President of the World Coalition Against the Death Penalty

Letter co-signed by:

1. A World Without Chemical & Biological Weapons- WWW (Iraq- Kurdistan)
2. Abolition Death Penalty of Iraq Organization (Iraq)
3. Action by Christians for the Abolition of Torture Congo- ACAT (Congo)
4. Action by Christians for the Abolition of Torture Germany- ACAT (Germany)
5. Action by Christians for the Abolition of Torture Ghana- ACAT (Ghana)
6. Anfal Story’s Organization (Iraq- Kurdistan)
7. Anti-Death Penalty Asia Network- ADPAN
8. Association of Defending the Anfal Victims & their Families (Iraq- Kurdistan)
9. Catholic Commission for Justice and Peace (Malawi)
10. Capital Punishment Justice Project- CPJP (Australia/ International)
11. Center for Prisoners’ Rights- CPR (Japan)
12. Centre d’Observation des Droits de l’homme et d’Assistance Sociale- CODHAS (DRC)
13. Centre for Human Rights Education, Advice and Assistance (Malawi)
14. Centre for Human Rights and Rehabilitation (Malawi)
15. Children Education Society- CHESO (Tanzania)
16. Coalition of Somali Human Rights Defenders- CSHRDS (Somalia)
17. Communità du Sant’Egidio (International)
18. Community of Sant’Egidio (Branch in Malawi)
19. Congolese Coalition against the Death Penalty (Republic of the Congo)
20. Cornell Center on Death Penalty Worldwide (USA/ International)
21. Death Penalty Focus- DPA (USA)
22. Ditshwanelo- The Botswana Centre for Human Rights (Botswana)
23. Droits et Paix (Cameroon)
24. Foundation for Human Rights Initiative- FHRI (Uganda)
25. German Coalition to Abolish the Death Penalty- GCADP (Germany)
26. Halabja Chemical Victim’s Society (Iraq- Kurdistan)
27. Hope Behind Bars Africa (Nigeria)
28. Human Rights Dallas (USA)
29. Humanity Diaspo (France)
30. International Association of Lawyers- UIA (International)
31. Italian Federation for Human Rights- FIDU (Italy)
32. Ivory Coast Human Rights League- LIDHO (Ivory Coast)
33. Just Detention International- JDI-SA (South Africa)
34. Kenya Human Rights Commission (Kenya)
35. Kurdistan Without Genocide (Iraq- Kurdistan)
36. Kurdpa Human Rights Organization (Iran)
37. Kurdish Organizations Network Coalition for the International Criminal Court- KONCICC (Iraq- Kurdistan)
38. Lembaga Bantuan Hukum Masyarakat- Community Legal Aid Institute (Indonesia)
39. Life Campaign to Abolish the Death Sentence in Kurdistan (Iraq- Kurdistan)
40. Manawa Organization for Martyrs & Anfal’s Inquiry (Iraq- Kurdistan)
41. Network of Human Rights Organizations and Activists for the Abolition of the death penalty- RADHOMA (DRC)
42. Burundi Prison Observatory- Observatoire Burundais des Prisons (Burundi)
43. Organization Against Torture in Tunisia (Organisation contre la torture en Tunisie) (Tunisia)
44. Organization Against Weapons of Mass Destruction in Kurdistan (Iraq- Kurdistan)
45. Organization of Defending Mass Graves Victims’ Rights (Iraq- Kurdistan)
46. Organization of the Justice Campaign (Iraq- Kurdistan)
47. Paralegal Advisory Service Institute (Malawi)
48. Paris Bar Association (France/ International)
49. Parliamentarians for Global Action- PGA (International)
50. Pax Christi Uvira absl (DRC)
51. Penal Reform International- PRI (International)
52. Prisoner’s Future Foundation- PFF (Zambia)
53. Reprieve (International)
54. Rescue Alternatives Liberia – RAL (Liberia)
55. SALAM for Democracy and Human Rights (Bahrain)
56. Southern Methodist University Human Rights Program (USA)
57. Syndicat National des Agents de la Formation de l’Education du Niger- SYNAFEN (Niger)
58. Transitional Justice Working Group- TJWG (South Korea)
59. The Advocates for Human Rights (USA/ International)
60. The International Bar Association’s Human Rights Institute- IBARHI (International)
61. The Kenyan Section of the International Commission of Jurists (Kenya)
62. Think Centre (Singapore)
63. Together Against the Death Penalty- ECPM (France/ International)
64. Topzawa: A Magazine Specialized in Genocide and Anfal Issues (Iraq- Kurdistan)
65. Tunisian Coalition Against the Death Penalty (Tunisia)
66. Youth and Society (Malawi)
67. Witness to Innocence (USA)

On July 23, at approximately 10 am, police arrested human rights defender Boniface Ogutu in Kisumu when he protested the bad governance that has weakened the country.

Ogutu, the convener of the Kisumu Peace and Justice Center, was initially taken to Kondele police station, where the officer in charge refused to detain him.

Around noon, four DCI officers in an unmarked green Subaru picked up Ogutu and transported him to Vihiga police station, about 24 kilometers from Kisumu.

The officers covered his head and began torturing him, recording the abuse on their phones. They punched and strangled Ogutu, pierced his index finger, hit his head multiple times, and struck his nose, causing him to bleed and suffer soft tissue injuries.

The officers demanded Ogutu reveal his phone password and cease mobilizing for peaceful protests, appearing to follow orders to suppress anti-government demonstrations.

At 7 pm, Ogutu was taken to Mbale hospital at the behest of the Vihiga OCS and discharged at 9 pm.

Attempts to return him to the Vihiga police station failed, so the DCI officers took him to the Railways police station in Kisumu, where he remained overnight without medical attention.

On July 24, the DCI officers brought Ogutu to court, charging him with obstruction. Magistrate Millicent Nyigei ordered that he be taken to the hospital before any plea was entered. Ogutu was admitted to Kisumu sub-county hospital.

Today, Ogutu faces fabricated charges of obstruction for simply advocating for good governance in Kenya. KHRC demands that all charges against Ogutu be dropped and that he be released unconditionally.

Ogutu must receive proper healthcare at the state's expense.

The four DCI officers who tortured him must be held accountable.

The right to protest is constitutionally protected and must not be suppressed.

Ogutu reported that the DCI officers snooped on his phone and swapped his SIM cards, suspecting ongoing surveillance by the regime. KHRC demands an end to all state surveillance, both digital and offline.

President William Ruto has sacked his cabinet today.

This decision comes after weeks of relentless protests led by young Kenyans demanding the ousting of corrupt officials and holding this regime accountable for the severe hardships it has inflicted on the country.

But this was Ruto’s mistake, and he needs to own up—he appointed an incompetent cabinet that lacked integrity.

The Kenya Human Rights Commission (KHRC) makes the following uncompromising demands:

1. Chief Cabinet Secretary Musalia Mudavadi, whom Ruto spared, must be removed immediately. He occupies an illegal office that cannot be redeemed through the National Dialogue Committee (NADCO) report. Mudavadi has reached the age of 60, and Ruto himself stated last week that anyone attaining this age must transition.
2. All principal secretaries (PSs) must be sent home. The entire state and public service system requires a thorough purge. An audit of capacity and integrity across the public service must be conducted, and new vetting and mandatory wealth declaration processes must be implemented.
3. All those responsible for the ongoing atrocities, including outgoing ministers and current security chiefs, must be prosecuted. Those still serving must be ousted. Efforts must be made to blacklist and lustrate those responsible for violations and abuses before and after the August 2022 general elections.
4. Kenyans must start preparing to recall MPs who backed the Finance Bill, 2024 and those involved in other constitutional violations. The dissolution of the current parliament must be pursued with urgency. There is no time to waste.
5. Ruto’s new cabinet must be capped at 14 members per the constitution, with at least two-thirds being women. It must also include a fair number of youth and persons with disabilities, with genuine representation of Kenya's ethnic diversity. The persistent exclusion and marginalization based on ethnicity, gender, and other biases must end. This inclusive governance must extend to county levels.
6. Every nominee for the new cabinet must be of impeccable integrity, as required by Article 73 of the Kenyan constitution. The vetting process must be rigorous and transparent, avoiding the sanitization acts of the current parliament, which Ruto co-opted and compromised, rendering it untrustworthy.

More transgressions

KHRC has not forgotten the injustices committed by the Kenya Kwanza regime, led by president Ruto, against our young Kenyans who protested Finance Bill, 2024. This led to Ruto's statement on July 5, citing various austerity measures and other actions to ostensibly address the crisis, which was insufficient.

Ruto also convened another meeting on July 9, which led the opposition and other political leaders to explore an elite consensus on the current developments.

These actions came amid numerous statements issued by civil society organizations, the latest being from the Okoa Uchumi Coalition, of which KHRC is a part, calling for more than just the firing of the cabinet.

But Ruto’s many policy pronouncements continued to be are riddled with contradictions and lack of action. On July 5, 2024, he committed to "support all those affected" by the protests, yet very little support has materialized.

He also indicated he would "always take public contributions in good faith, applying them to enrich policymaking and governance" while simultaneously profiling protesters as criminals to be dealt with, and abductions and arrests spread across Kenya.

Ruto further claimed that "we are finally having the right conversation, not about our tribes, personalities, or political formations, but rather issues that affect each and every one of us," while blaming foreign forces for organizing and supporting the protests.

Additionally, Ruto made public declarations accompanied by unconstitutional and irregular proposals. These included the proposal to reduce the number of advisors or postpone the appointment of Cabinet Administrative Secretaries (CASs) rather than scrapping them altogether. Again, Ruto's appointment of a task force to audit public debt conflicted with the auditor general's mandate.

However, KHRC agree with some proposals that require more diligence and prudence, such as withdrawing the Finance Bill, 2024, scrapping budgets for the offices of the president's, deputy president's, and Cabinet Secretary's spouses, and the latest dissolution of the cabinet.

Still, KHRC is careful not to let these latest developments distract us from other critical justice and governance issues. Therefore, we demand that Ruto must do the following:

1. Conduct his office in a manner befitting the edicts of Article 73 of the Constitution on leadership and integrity. According to this article, a state officer is obliged to bring honor to the nation and dignity to the office, promote public confidence in the integrity of the office, ensure honesty in the execution of public duties, and be accountable to the public for all their decisions and actions.

2. End executive fiat and impunity by upholding the sovereignty of the people, the supremacy of the Constitution, and the rights and dignity of Kenyans always. Article 129(2) of the Constitution states that executive authority derives from the people of Kenya and shall be exercised in line with the Constitution and “in a manner compatible with the principle of service to the people of Kenya and for their well-being and benefit.” Ruto, listen to the aspirations of the people.

3. Admit the blunders and misgovernance orchestrated by his regime despite the many promises made during the 2022 campaigns. Stop the blame games and buck-passing and offer guarantees against repetition.

4. Stop extrajudicial killings, arbitrary arrests, enforced disappearances, and other threats to those involved in the protests. Foster human rights-centered governance in line with Article 19, which decrees the Bill of Rights as the basis of making public policies. As per Article 238(1)(c) of the constitution, it is time to banish the punitive, repressive policing culture.

5. Establish a framework for accountability for those culpable and effective support and remedies for those affected by state-instigated violations. Redress should align with the UN Guidelines on the rights to reparations for gross human rights violations and international humanitarian laws.

6. Scrap the offices of chief advisors, CASs, and offices of the first ladies, including at the county level. These are unconstitutional and wasteful positions. CASs and advisors are merely ploys to reward cronies when we have adequate, underutilized, seasoned career public servants.

7. Address the rampant looting of public funds by privileged state and private sector operatives. Curb reckless spending and borrowing, and reject odious debts. The proposed task force to audit public debts is unconstitutional and should be withdrawn immediately. And, the practice of state and public involvement in fundraisings must stop, as it facilitates the plundering and laundering of public resources and perpetuates inequitable development.

8. Ensure that development priorities align with Kenya’s economic realities and public needs. We demand the people's meaningful and active participation and the accrual of social, economic, and political benefits from development initiatives.

9. Contrary to his latest statement, Ruto and the treasury officials have no power to predetermine the country's priorities. Let the people decide. We object to the proposals in the NADCO to sustain the unconstitutional and irregular National Government-Constituency Development Funds (NG-CDF)—controlled by members of parliament—, National Affirmative Action Fund—managed by women representatives—, and the Ward Fund. These should focus on the legislative, oversight, and representation mandates at the national and county levels.

No dialogue

Based on the above demands and our other positions, we strongly believe Ruto’s inability to respect the people's will and the constitution's edicts has intensified the current predicament. Most of the issues and processes are within his sphere of control, where requisite political goodwill and effective administrative action are duly required. It is time to deliver and end the blame game.

KHRC again reject the warped proposal for a public dialogue. It is an unnecessary waste of public resources and opportunities. As witnessed in last year's NADCO and previous public engagements, these processes are regime tactics designed to buy time and prevent people from advancing their quest for truth and justice in the mismanagement of public affairs. Ruto must simply implement the constitution, listen to the people, and effect the proposed actions in this statement.

The ongoing attempts to close political space and avoid accountability by co-opting the opposition, weakening parliament, the judiciary, independent commissions and offices, and threatening activists and media will neither serve the public good nor resolve the current human rights and governance crisis.

May justice be our shield and defender. Aluta Continua.

The Kenyan government has abducted several young people protesting the high taxation proposed in the Finance Bill, 2024.

The youthful Kenyans began by voicing their discontent on social media before taking to the streets in thousands, peacefully urging their MPs to reject, not amend, the bill.

In response to the growing dissent, the regime used force, shooting and firing tear gas canisters at protesters, resulting in the deaths of Rex Masai, 29, and Evans Kiratu, 21.

KHRC is calling for a swift investigation into these killings and insists that those responsible must be held accountable.

Additionally, the regime has started abducting youth they believe are particularly vocal critics of over-taxation, including Billy Simani, Austin Omondi, Lesley Muturi, and, more recently, Shadrack Kiprono.

These abductions, mostly occurring at night, are conducted by police officers in civilian clothes and unmarked cars. KHRC demands the unconditional release of all abductees.

These abductions are intended to intimidate protesters planning to attend future peaceful demonstrations aimed at pressuring MPs to reject the bill.

KHRC urges all protesters to remain undeterred and exercise their constitutional rights. We stand by their efforts to protect their rights and the nation's interests. This serves as a reminder of the role of youth-led resistance in the country's history, from colonial to post-independence.

Internet shutdown

Separately, we have learned that this regime plans to shut down the internet tomorrow to stifle the protest. This desperate move highlights the powerful impact of the current protests and should galvanize the youth to intensify their demands.

KHRC sternly warns the government that shutting down the internet would be a blatant violation of freedom of expression, media independence, and access to information. The regime should not attempt this.

Kenyan MPs must reject the bill entirely, as it will increase taxes on various fronts and worsen the cost of living.

Aluta continua. May justice be our shield and defender. Show up tomorrow to defend your future.

#RejectFinanceBill2024

We, the Okoa Uchumi Campaign partners and citizens from different parts of Kenya dedicated to
strengthening public participation and social accountability in the public debt process are deeply
concerned by the Government’s recently released estimated budget for the 2024/25 FY and the
Finance Bill 2024.
The current trajectory of rising taxes poses a dire threat to citizens' access to vital services, essential
for the full realization of their fundamental rights and freedoms. As staunch advocates for human
rights and the interests of marginalised members of society, we express profound concern over
the escalating cost of living, compounded by punitive, unattainable, and unpredictable tax policies.
It is deeply troubling to witness significant budget reductions averaging 11% in critical sectors such
as education, research, social protection, disaster response, and agriculture. Meanwhile, certain
Ministries, Departments, and Agencies (MDAs) within the executive are experiencing budget
expansions. This imbalance not only jeopardizes the well-being of citizens but also undermines
the government's duty to prioritize essential services that uphold the dignity and prosperity of all
individuals.
Whereas, Article 10 of the Constitution identifies public participation as one of the fundamental
principles of good governance, it is very disappointing to be invited to a tokenistic, meaningless
and exclusive public participation exercise as currently conducted by the government. It is a
worrying trend that citizens' voices do not find their way into the final policies approved by
parliament despite being invited to give their opinions. It is this very Hon Kuria-led-committee
that rejected over 63% (Twaweza EA, CFA Report 2023) of citizens' views on the Finance Act
2023 and once again we are staring at an exercise that is meant to tick boxes. Further, there has
been no deliberate efforts by parliament to allocate sufficient resources to facilitate constituency-based all-inclusive public participation to afford Kenyans from all walks of life an opportunity to
share their opinions and views. Without addressing the teething problems bedevilling our public
participation framework and total disregard of public opinions by the parliament, Kenyans will
continue to be taken for a ride and their rights violated with impunity.

The Finance Bill, 2024

The non-citizen-focused budget is proposed to be financed by increased taxes to Kenyan taxpayers
without commensurate investment in apt service delivery; thus, the burden on Kenyans is set to
further worsen if the Finance Bill, 2024 is passed into law. The Finance Bill, 2024 proposes unfair,
unjust and harsh clauses which will be to the detriment of the common mwananchi. The Bill is keen
to impose heavy tax burdens on the common mwananchi by attacking every aspect of their lives,
from the food they eat for health and spiritual communion, to the cars they use to travel either as
commuters or owners, the communication sector that is a major source of social cohesion and
health, and the banking sector, particularly mobile banking, that drives most economic
transactions in Kenya. A Kenyan taxpayer is staring at a short, miserable life with a raft of
violations from the government.
Despite the government’s elaborate plans to increase the tax burden, they have not reciprocated
the same energy towards the fight against revenue leakages through corruption, wastage, illicit
trade and money laundering. According to the Ethics and Anti-Corruption Commission, Kenya
loses Ksh. 608 billion/= (7.8% of the country's GDP) to corruption annually. The Corruption
perception index 2023 places Kenya at a score of 31/100, which shows deterioration in the Kenya
anti-corruption efforts. It is under this premise that the Okoa Uchumi asserts that continued
taxation without accountability is extortion. An attempt by the government to meet its debt
obligations, some of which are odious debt and hence not legitimate and should not be a burden
to the citizens. The coalition members, oppose a number of the proposals that are problematic
and inconsiderate of the current economic situation as follows:

1. Enshrining a proposal exempting KRA from the constraints of the Data Protection Act in
   accessing taxpayers’ data. This is a flagrant violation of one’s right to privacy as set out
   under Article 24 (2) of the Constitution of Kenya, 2010. There are high chances of
   surveillance for taxation purposes to be used for persecution.
2. Proposal to remove gluten bread and unleavened bread from VAT while also removing
   VAT zero rating on the supply of ordinary bread, milk, cream and all inputs and raw
   materials produced both locally and imported. This is bound to increase these items' costs,
   and the majority will not be able to afford them. This will be an abuse of the government's
   duty to ensure that food is available and accessible. A clear violation of the right to food.
3. Proposals to introduce a tax on motor vehicles at 2.5% of the value of the vehicle. The
   implication of this is that it is likely to increase the tax burden of citizens. This tax is
   problematic because it is not progressive in nature because the minimum tax payable will
   be Kshs. 5000 hence owners whose cars are less than Kshs. 200,000 will pay more than
   2.5% of the value of their vehicles. On the other hand, those whose vehicles are more than
   Kshs. 4,000,000 will pay a lower tax rate since this tax is capped at Kshs.100,000. This tax
   is unjust and burdensome to middle and low-income earners.
4. The proposal to empower KRA to require taxpayers to integrate eTIMS. Failure to comply
   with this requirement will result in a monthly penalty not exceeding Kshs. 2 million. This
   will mainly target and hurt small businesses since large businesses are already integrated
   with KRA systems.
5. The proposal is to increase the import declaration fee from 2.5% to 3%, which will increase
   the cost of imported goods.
6. Proposal to increase the excise on telephone and internet data services. This comes at a
   time when the government declared its support for the digital world. Imposing such a tax
   will hinder many from accessing information purposes such as education and current
   affairs and will also impact the ease of communication.

We wish to highlight and bring to attention the negative effects that the budget estimates for the
2024/25 FY and the Finance Bill, 2024 will have on public service delivery, and the economy at
large. The protest on some proposals of the Finance Bill 2024 are grounds to show that Kenyans
can shape the fiscal discourse in our country as provided for in our Public Finance Management
Act, 2012 and the Constitution of Kenya. We desire to see a country where accountability is highly
valued and where talks on fiscal consolidation are led by the Executive and the Legislature in a
manner that is dignified, justified and takes into account the welfare of an ordinary Kenyan
Taxpayer.
The government should explore alternative measures to meet its revenue collection and stop
overtaxing citizens and businesses. We urge Members of Parliament to reject the proposals that
seek to overtax the already suffering Kenyan. Efforts should also be directed to tax compliance on
the existing taxes and a pursuit for accountability of all revenue collected. Further, the government
must demonstrate by deed that it is committed to fight corruption, wastage and illicit financial
flows.
Based on this, Okoa Uchumi will continue amplifying their proposals as submitted to parliament
by the people. Additionally, the campaign will mobilise all Kenyan citizens to inform their
members of Parliament on their stand on the finance bill 2024.

Sincerely,
The undersigned Okoa Uchumi Campaign Members:
1. ActionAid International Kenya
2. African Forum and Network on Debt and Development (AFRODAD)
3. Amnesty International Kenya
4. Bunge Mashinani School of Governance
5. Centre for Fiscal Affairs
6. Centre for Economic Governance (CEG)
7. Centre for Enhancing Democracy and Good Governance (CEDGG)
8. Christian Aid Kenya
9. Community Advocacy and Awareness Trust (CRAWN Trust)
10. EACHRights
11. East Africa Tax and Governance Network
12. Fight Inequality Alliance Kenya
13. IBON Africa
14. Institute of Public Finance
15. International Budget Partnership Kenya (IBPK)
16. Inuka Kenya Ni Sisi!
17. Katiba Institute
18. Kenya Human Rights Commission (KHRC)

Dear comrade,

The Kenya Human Rights Commission (KHRC) presents its 2023-2024 annual report, fully aware that the injustices our founders sought to end persist today.

State impunity and human rights violations remain entrenched in our society.

Nevertheless, we celebrate our victories, however modest they seem to others. For us, they represent significant achievements that must be acknowledged.

We understand that the path to a free society is rugged and challenging. Our mission is to smooth this road, making it more navigable. Giving up is not an option—we remain firm in our commitment.

Friend,

The Kenya Kwanza regime completed its first year in office in 2023, yet its leadership remains in perpetual campaign mode.

The electorate's expectations are unmet, and campaign promises have not been fulfilled.

Impunity and hostility toward human rights organizations have grown.

This regime continues to violate constitutional and human rights through its enforcement agencies.

Inclusive governance remains a distant goal, and public figures, including the president and deputy president, make divisive statements based on ethnic and regional voting patterns.

The high cost of living burdens citizens, with no relief measures in place.

Protests demanding affordable living costs are met with excessive police force, brutality, killings, and arbitrary arrests.

Meanwhile, multinational corporations continue to violate the rights of our people through sexual abuses, denial of land rights, and other transgressions.

Comrade,

These examples highlight the many battles we still face.

We need your support in this struggle.

Remember, united we stand, divided we fall. Join us now. As you read this report, may it inspire you to advocate for justice.

Every effort counts, no matter how small it may seem. Take action, and you will see the change you desire.

Aluta continua!

Read the 2023-2024 annual report here.