Ruto’s latest cabinet changes violate ethnic, gender balance
21 December 2024

On December 19, 2024, William Ruto made further changes to his cabinet for the third time in two years since assuming office in September 2022.

In recent changes, Ruto nominated former governors William Kabogo, Lee Kinyanjui, Nderitu Muriithi and former cabinet secretary Mutagi Kagwe to different government positions.

Others nominated to various posts included Margaret Nyambura, Andrew Karanja, and former Muranga Senator Kembi Gitura.

With the new CS nominations, the Mt. Kenya region is poised to dominate the cabinet.

If the national assembly approves Kabogo, Kinyanjui and Kagwe, they will join Justin Muturi, Rebecca Miano, Alice Wahome, and Eric Muriithi in the cabinet.

Seven CSs out of 20 will be from the Mt. Kenya region, constituting 35 per cent of the cabinet.

When the president, deputy president and attorney-general are included, eight cabinet members will be from the Mt. Kenya region, constituting 34.7 per cent of the cabinet.

Only five of the 20 CSs are women, representing 25 per cent. There are only six women in the entire cabinet of 23 individuals.

Ruto promotes ethnic exclusivity and gender discrimination

Article 1 of the constitution affirms that all sovereign power belongs to the people of Kenya and is exercised on their behalf per their will.

Any attempt by Ruto to unilaterally select cabinet members without reflecting the diversity, equity, and inclusivity mandated by the constitution undermines the people’s sovereignty and the principles of democracy. Such actions contravene the public's trust and obligation to exercise power in their interest.

Article 10 of the constitution identifies the key national values and principles of governance, including patriotism, national unity, sharing and devolution of power, the rule of law, and democracy. It also emphasizes the participation of the people, human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination, and protection of the marginalized.

Further, article 27 (8) provides that the state shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

Still, article 130 (2) says the composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya.

With the new cabinet nominations, Ruto has grossly violated the constitution, especially provisions of articles 10, 27 and 130, by openly and blatantly promoting regional ethnic exclusivity and gender discrimination.

Ruto is desperate

In a desperate attempt for political survival, Ruto has resorted to advancing ethnicity and patriarchy to try and gain some form of legitimacy for a regime that has completely lost public trust.

Concerned about losing support in the Mt. Kenya region following the impeachment of former deputy president Rigathi Gachagua, Ruto has taken unconstitutional steps to consolidate his position.

He has undermined Kenya’s diversity and his role as a unifying national figure by appointing five allies of former president Uhuru Kenyatta from the central region to key cabinet positions and influential parastatals.

It is hypocritical for Ruto to instigate the impeachment of Gachagua for merely preaching ethnic chauvinism and shareholding narratives. At the same time, he shamelessly practices worse ethnic, regional and gender discrimination for political expediency and survival.

It is concerning that this is not the first time that Ruto has deliberately failed to adhere to the set constitutional standards when making appointments in the public service.

Ruto has normalized disregard for the rule of law, evident in all his previous cabinet appointments, including the last in July 2024, which we have challenged in court, following highly successful pro-governance protests by young Kenyans.

Ruto’s unaccountability and mismanagement of public affairs must be firmly rejected. Kenyans should also reject his self-serving, discriminatory, and exclusive governance model, falsely presented as a “broad-based” and “all-inclusive” government that includes allies of Raila Odinga and Uhuru Kenyatta. In reality, it is a fully-fledged elitist rulership that contradicts his "hustlers vs dynasties" narrative during the campaign.

The constitutional commissions and independent bodies charged with ensuring ethnic and gender diversity in the governance of public affairs must be called out for their outright failure to carry out their mandates of holding the executive to account for constitutional breaches.

The National Gender and Equality Commission (NGEC) and the National Cohesion and Integration Commission (NCIC) have failed in their mandates. They must forthrightly implement their constitutional duties, for which Kenyan taxpayers pay them.

Ongoing unlawful and arbitrary demolitions in Kayole must stop
18 December 2024

The Kenya Human Rights Commission (KHRC) condemns the ongoing unlawful and arbitrary demolitions and evictions in Nyama Villa, Kayole, which have left hundreds of families homeless and exposed to untold suffering.

Following a fact-finding mission conducted on December 18, 2024, KHRC has established that these demolitions and evictions, which began on December 16, 2024, are being carried out in blatant defiance of a court order issued on December 16, 2024, barring any demolition and evictions until legal proceedings are concluded.

A private entity is orchestrating this unlawful operation, with the active complicity of state actors, including police officers and Kenya Power and Lighting Company (KPLC) personnel.

Armed goons, equipped with batons, stones, and other weapons, alongside a heavily armed police contingent, have been deployed to intimidate residents and prevent them from salvaging their belongings.

Five bulldozers are currently operating, leveling homes and properties and leaving families destitute.

Nairobi County Attorney Christine Ireri confirmed the land in question as public in a letter dated October 17, 2024, to Deputy County Commissioner Eric Mulevu.

As Ireri noted in her letter, public land vests in and is held by a county government in trust for its residents and is administered on their behalf by the National Land Commission (NLC).

Nairobi County's letter to Deputy County Commissioner Eric Mulevu.

Despite lacking any valid legal title, the private entity has proceeded with these demolitions and evictions, exploiting vulnerable residents.

We have established that coercive agreements have been forced upon some property owners, demanding up to Sh3 million payments to spare their homes from destruction.

The demolitions and evictions are being executed with total disregard for Kenya's Constitution and treaties that the country has ratified.

 The United Nations Guidelines on Evictions, together with Section 152E of the Land Laws (Amendment) Act, 2016, stipulates evictions cannot be conducted subject to the issuance of a three-month notice.

The notice must be in writing, in a national and official language, and be published in at least two daily newspapers of nationwide circulation. Eviction and demolition cannot happen if this notice is not displayed in less than five strategic locations within the occupied land.

Nationally, the right to shelter and housing, as enshrined in Article 43 of the Constitution, has been grossly infringed.

Further, Section 152G (1) of the Land Laws (Amendment) Act, 2017, stipulates the following mandatory procedures with which every eviction must comply:

  1. Be preceded by properly identifying those taking part in the eviction or demolition.
  2. Be preceded by presenting the formal authorizations for the action.
  3. Where groups of people are involved, government officials or their representatives to be present during an eviction.
  4. Be carried out in a manner that respects the dignity, right to life, and security of those affected.
  5. Include special measures to ensure effective protection for groups and people who are vulnerable, such as women, children, the elderly, and persons with disabilities.
  6. Include special measures to ensure no arbitrary deprivation of property or possessions due to the eviction.
  7. Include mechanisms to protect property and possessions left behind involuntarily from destruction.
  8. Respect the principles of necessity and proportionality during the use of force.
  9. Give the affected persons the first priority to salvage their property.

However, what we have witnessed is a contradiction to these regulations. 

These violations are also compounded by theft, looting of personal belongings, and the use of excessive force against residents. The involvement of state resources to facilitate this operation shows a broader culture of impunity.

KHRC demands that:

  1. The government must immediately halt all demolitions in Nyama Villa and uphold the court order issued on December 16, 2024.
  2. The Inspector General of Police, Nairobi County Police Commander, Sub-County Commander in Embakasi, and the Officer Commanding Station (OCS) at Kayole Police Station must be held accountable for facilitating these illegal actions.
  3. The government must secure the status of this land as public property.
  4. All displaced families must receive immediate restitution and compensation. A thorough and transparent investigation must also be conducted into the involvement of state and private actors in these unlawful demolitions.
  5. The government must urgently implement systemic reforms to protect housing rights, including fully enacting the Evictions and Resettlement Procedures Bill.

Should authorities fail to act, KHRC will take immediate legal action against the violators.

KHRC condemns abominable violations against anti-femicide protesters and Karua
10 December 2024

Police in Nairobi violently disrupted a march advocating for an end to femicide, an incident that occurred on International Human Rights Day—a day commemorating the Universal Declaration of Human Rights (UDHR), which asserts the inalienable rights of all people.

During the disruption, several protesters were subjected to unwarranted force, injured, and others arrested, with police deploying plainclothed officers, live ammunition, and teargas despite a court order prohibiting such actions.

This brazen disregard for the law contrasts with William Ruto's recent pledge of Sh100 million to combat femicide. Ironically, his regime has failed to protect a fundamental, costless mechanism for advancing women's rights—peaceful protest.

This regime’s report shows 97 women were killed in femicides between August and October 2024. The numbers could be higher.

This latest incident adds to countless reasons for the Ruto regime’s inability to uphold human rights and democratic freedoms. KHRC demands the immediate and unconditional release of all arrested protesters and legal action against the officers responsible for these violations.

Uganda Law Council bars Karua

Separately, KHRC is alarmed by the Uganda Law Council’s decision to deny Martha Karua a special practicing certificate to represent Kizza Besigye. Besigye was abducted in Kenya and subsequently arraigned in Uganda over trumped-up charges.

KHRC has been working tirelessly behind the scenes to ensure Besigye’s right to a fair trial and to advocate for the rule of law in Uganda and Kenya. The Uganda Law Council’s decision to bar Karua from representing her client is baseless and regressive, undermining Besigye’s right to legal representation by a lawyer of his choice.

KHRC's Nelius Njuguna (right) with Martha Karua (second-right), in Uganda as they sought Kizza Besigye’s right to a fair trial. Photo: Courtesy.

KHRC supports the Law Society of Kenya’s (LSK) recent statement expressing similar concerns and demands that the Uganda Law Council review its decision immediately. Justice and fairness must prevail in upholding Besigye’s rights and the broader principles of the rule of law.

New report highlights disparities in media coverage of SRHR
29 November 2024

Editor's note: Read the report here.


There are critical disparities in media reporting on sexual and reproductive health and rights (SRHR) cases in Kenya, a new report shows.

“Who shapes the narrative?” reveals the disproportionate focus on urban centres like Nairobi and Mombasa compared to underrepresented regions such as Garissa and Trans-Nzoia.

The Kenya Human Rights Commission (KHRC) launched the report today after months of monitoring how the media has covered SRHR.

The analysis, based on 524 cases across print, online, radio, and television outlets, used data from Globetrack, over nine months, from October 2023 to June 2024. It highlighted media trends, gaps, and the influence of societal actors in shaping SRHR narratives.

Uneven coverage

Uneven coverage hampered efforts to create equitable awareness and access to SRHR services across Kenya, the report further reveals.

“Publishing this report is our commitment to follow up on human rights achievements and shortfalls. Without the media, it is nearly impossible to push for accountability,” said Annet Nerima, KHRC’s program manager.

According to the report, religious leaders, political figures, and human rights organizations significantly shape public opinion and SRHR policies.

Additionally, print media leads coverage by 49 per cent, while online platforms, radio, and television lag despite being most Kenyans' primary sources of information.

The study shows that media narratives often use frames like personal storytelling, human rights advocacy, and morality-based perspectives to influence public perception and policy.

The report follows another campaign KHRC led, Red Card, which spotlighted 20 Kenyan governors whose counties had the highest teenage pregnancies, violating a host of rights for our girls. Red Card urged the government to take decisive actions to mitigate unintended teenage pregnancies.

With 16 Days of Activism on—and currently on its fifth day—the report provides an opportunity for reflection among journalists, SRHR-focused organizations, and policymakers about the rights violations highlighted in this report.

“It is not just the media that shapes the SRHR narratives, but also the sources. Let’s allow the journalists to interact with the primary sources to have an authentic story that can be used for advocacy to realise human rights on SRHR”, said Claret Adhiambo, sub-editor at The Star newspaper.

The report urges journalists to focus on underreported areas and issues like gender-based violence and comprehensive sexuality education.

Religious leaders, policymakers, and human rights groups should collaborate to amplify accurate SRHR narratives and address cultural and religious barriers.

Ministries must prioritize implementing rights-based SRHR policies and bolster public education to fight stigma and misinformation.

“Everyone has a part to play in shaping the narrative. Don’t sit back. Speak up!” Margaret Nyambura, KELIN’s health lawyer, said.

KHRC urges public to support Amenya’s quest for accountability
27 November 2024

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 

KCCB's statement a reflection of Kenyans’ frustration with Ruto regime
16 November 2024

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.

KHRC’s statement at 81st ordinary session of ACHPR
28 October 2024

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.

Mwangi’s abduction shows shrinking space for dissent
27 October 2024

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.

Joint open letter to the Minister of Justice of Malawi on the abolition of the death penalty
29 July 2024

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)
Police torture Ogutu, fabricate charges to halt protests. KHRC demands his release.
29 July 2024

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.

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