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.

On 7th March 2024, The Kenya Human Rights Commission (KHRC) brought to the attention of the nation a pressing issue plaguing our society: the crisis of unintended teenage pregnancies, which is a gross human rights violation. Statistics from the Kenya Demographic and Health Survey (KDHS) 2022 report indicated that the prevalence of teenage pregnancy in Kenya stood at 15% among adolescent girls aged 15 - 19 years with some counties such as Samburu having the highest prevalence at 50%.

Further, a report by the National Syndemic Disease Control Council (NSDCC) revealed that 696 adolescent girls were impregnated daily in 2023.  As a result of these shocking and alarming statistics, The Kenya Human Rights Commission (KHRC) launched the red card campaign where we red carded twenty (20) governors and the CS for Health for abetting pregnancies among adolescents' girls by failing to develop and implement sufficient policy frameworks to protect our adolescent girls. The twenty governors represent counties with the highest cases of teenage pregnancies in percentages and in absolute numbers as reported by the KDHS 2022 report. The red carded governors leading in percentages included:

1. Samburu’s Jonathan Lelelit – 50%
2. West Pokot’s Simon Kachapin – 36%
3. Marsabit’s Mohammud Ali – 29%
4. Migori’s Ochilo Ayako – 23%
5. Kajiado’s Joseph Ole Lenku – 21%
6. Baringo’s Benjamin Chesire Cheboi – 20%
7. Siaya’s James Orengo – 20%
8. Taita Taveta’s Andrew Mwadime – 18%
9. Trans Nzoia’s George Natembeya – 17%
10. Isiolo’s Abdi Ibrahim Hassan – 16%

The red carded governors leading in numbers included.

1. Nairobi’s Johnson Sakaja- (452)
2. Kakamega’s Fernandes Barasa - (328)
3. Bungoma’s Kenneth Lusaka - (294)
4. Nakuru’s Susan Kihika - (283)
5. Kiambu’s Kimani Wamatangi - (267)
6. Kilifi’s Gideon Mung’aro - (224)
7. Meru’s Kawira Mwangaza - (206)
8. Kisii’s Simba Arati- (192)
9. Machakos’ Wavinya Ndeti - (178)
10. Narok’s Patrick Ole Ntutu - (176)

We also called on the following to take decisive actions to mitigate unintended adolescent pregnancies:

1. The Ministry of Health to recommit to the Eastern and Southern Africa Commitment on comprehensive sexual education.
2. The Ministry of Education to ensure that every teenage girl who falls pregnant is unconditionally permitted back to school and provided with the necessary psychosocial support without discrimination.
3. Governor Kenneth Lusaka to retract his statement against schoolgirls who fall pregnant and commit to facilitating their education.
4. The Council of Governors to interrogate the crisis as a matter of urgency and offer a collective voice on policy issues affecting the prevention and management of teenage pregnancies in Kenya.
5. The parents in line with the Children’s Act and the constitution of Kenya to promote the well-being and welfare of their children.

To follow up on the red cards, we sustained a comprehensive mainstream and social media campaign to urge the 20 governors to take proactive measures to address the alarming rates of teenage pregnancies in their counties and to also stir a national conversation on this crisis.

Beyond issuing the red cards and the media campaign, we sent official letters to the 20 governors asking them to explain the specific practical interventions and guidelines they have developed to address the crisis of teenage pregnancies in their respective counties. None of the governors have replied to our request.

Recognizing that the plight of these adolescent girls cannot be ignored and the need to take swift and decisive actions to protect the rights, dignity and well-being of our girls, we have decided to exercise our right to petition parliament as provided for in articles 119 and 37 of the Constitution of Kenya, 2010.

PETITIONS TO THE SENATE AND NATIONAL ASSEMBLY

The two Petitions brought under Articles 1, 2, 3, 10, 19, 27, 28, 29, 37, 43, 95, 118 and 119 of the Constitution of Kenya, Petitions to Parliament (Procedures) Act and Standing Orders 219 and 223 of The National Assembly was filed and received on the 18th of April 2024 at the Senate and National Assembly main records unit. In the petition to the Senate, the KHRC urges the Senate to;

1. Within reasonable time, summon the twenty (20) governors from counties with the highest rates of teenage pregnancies to explain the specific practical interventions and guidelines they have developed to address the crisis of teenage pregnancies in their respective counties.

In the petition to the National Assembly, the KHRC urges the National Assembly to,

1. Within reasonable time summon the Cabinet Secretary for The Ministry of Health to appear before it for the purpose of explaining the policy interventions and guidelines the Ministry has developed on sexual and reproductive health for our adolescent girls and elucidate Kenya’s commitment to the Eastern and Southern Africa Commitment on comprehensive sexual education.  
2. Summon the Cabinet Secretary for The Ministry of Education to appear before it for the purpose of explaining the policy interventions and guidelines that the Ministry has taken to ensure that every adolescent girl who falls pregnant is unconditionally permitted back to school and provided with the necessary psychosocial support without discrimination.

These petitions reflect our unwavering commitment to advocating for the rights and welfare of adolescent girls across the country and our firm belief in the accountability of governmental institutions to address these critical issues. We trust that Parliament will exercise its mandate under articles 95 and 96 of the constitution and respond with the urgency and gravity that this matter demands to effect meaningful oversight for the sake of the future of our nation.

Thank you.

Signed,

Kenya Human Rights Commission (KHRC)

Nairobi, Kenya—On April 15, 2024, the world marked one year since the outbreak of war in Sudan. 

It has been a year of immense hardship for countless innocent civilians caught in the crossfire.

The ongoing conflict has led to widespread suffering, including violence, hunger, and displacement.

More than 8.6 million people have fled their homes, with 1.8 million people, primarily women and children, crossing to neighboring countries.

Thousands are still crossing the borders to South Sudan and Chad.

Urgent action is needed to address the humanitarian crisis and uphold human rights. 

The international community, along with organizations like the African Union and the United Nations, must intensify efforts to protect civilians and prevent further violence.

There is a critical need to provide increased humanitarian assistance to those most affected by this conflict. This includes ensuring access to essentials like shelter, clean water, and medical care.

Monitoring human rights abuses and coordinating international support are vital aspects of the collective response to the crisis in Sudan.

Diplomatic initiatives and mediation efforts must succeed. They are needed to facilitate dialogue between warring factions and work towards a lasting peace agreement. 

Establishing mechanisms for justice and accountability is essential to holding perpetrators of human rights violations accountable and providing justice for victims.

Looking ahead

Concerted action is needed from all quarters to end the war in Sudan, as the stories and images from the country serve as a stark reminder of the human cost of this conflict.

Long-term investment in Sudan's infrastructure, education, and healthcare systems is important for rebuilding communities and promoting stability.

Involving local communities, civil society organizations, and women's groups fosters inclusive peacebuilding processes. 

Let's join hands to make a meaningful difference in the lives of the Sudanese people and contribute to a brighter future for the country.

Nairobi, Kenya— Busia Senator and comrade Okiya Omtatah has during the last 20 years faced many attacks for his strong opposition to the gross injustices the country is facing.

These strikes have escalated in recent months, culminating in the invasion of his rural home on April 3, 2024, at night. 

Omtatah is a spirited human rights and social justice defender. He is known for his staunch resistance to unconstitutional and anti-people decisions made by the deeply oppressive organs of the Kenyan State. They include but are not limited to the national and county governments and assemblies across regimes.

Most recently, he and others - including KHRC - contested the Housing Levy, which the court deemed unconstitutional, yet the Kenya Kwanza regime persists in enforcing it.

The first attack occurred on December 16, 2023, when William Ruto openly made what appeared to be a death threats against Omtatah and others opposing the Housing Levy. During a church event at Cardinal High School in Mosocho, Ruto suggested using the ceremonial sword handed to him during his swearing-in to deal with those opposing the levy.

Despite Omtatah's attempt to report the threat at Nyanchwa police station in Kisii, authorities turned him away.

On March 22, 2024, assailants accosted Omtatah outside a court in Busia, pelting him with stones as he departed. Though his vehicle sustained damage, Omtatah escaped unharmed.

In the latest incident on April 3, 2024, at night, assailants raided Omtatah's rural home, injuring his wife after they failed locate him.

All these systemic attacks present a worrying trend given our dark history where progressive political and civic actors, and activists have faced assassinations, among other repressive actions.

KHRC believes these attacks are undoubtedly linked to Omtatah's activism, which involves defending human rights, challenging illegal government directives, and advocating for accountability. It is evident that influential people within the Kenya Kwanza administration are displeased with Omtatah's powerful actions.

An assault on Omtatah is an attack on our democratic, and civil rights and freedoms. It threatens the environment in which we fought so hard to have and shape our nation's political, legislative, social, and economic landscape.

Those orchestrating these attacks, likely state operatives, aim to silence activists and deter opposition to the government. However, their actions only bolster our determination to hold this regime accountable.

We demand that the Inspector-General of Police, Japheth Koome, ensure Omtatah's safety and that of all activists in the country.

Nairobi, Kenya—The Kenya Human Rights Commission (KHRC) is alarmed by the attacks on independent fiscal institutions, which seriously threaten democracy, accountability, and the rule of law in the country and the essence of our sovereignty. 

The current regime has taken over from where the Jubilee administration left off. It is perpetrating egregious violations and political manipulations of independent fiscal institutions, outrightly disregarding the constitutional mandates of the offices of the Controller of Budget (CoB), Auditor General (OAG), Commission on Revenue Allocations (CRA) and the Salaries and Remuneration Commissions (SRC).

Lest we forget

The demand for independent regulatory and oversight institution offices in Kenya was, without a shadow of a doubt, in response to the rise of widespread authoritarian leadership, heightened corruption, and the mismanagement of public resources by the previous governments. 

These independent institutions and offices are embedded in our Constitution. They are expected to enhance democracy and accountability by monitoring and overseeing government actions that have a bearing on public resources.

Establishing these institutions in the Constitution was meant to signal their importance and ensure they were not tinkered with for political expediency. 

Why the attack

On numerous occasions, the independent fiscal institutions within their mandate have sounded an alarm of mismanagement of public monies and flaunting various public finance management laws by different government entities, including the Executive. 

These range from a mockery of the budget process, which has seen payments made to non-existing projects at both national and counties, overpriced projects occasioning loss of public funds, abandonment of projects initiated by previous governments, budgeted corruption, reallocation of development expenditure to luxurious and non-essential items, limited spending and absorption of the development budgets, extravagant foreign and domestic travels by particularly members of the county assemblies, ballooned wage bill and reckless borrowing that has seen the country's public debt surpass the stipulated Sh10 trillion ceiling, among others. 

As raised by the independent fiscal institutions, the above issues are of grave magnitude. They should be treated with the utmost seriousness by any concerned Kenyan and more so by the parliament and Executive, who are obligated to safeguard the rule of law. 

Further, if unchecked, these issues will cause the country to plunge into bankruptcy and denial of essential services by the government to the taxpayers.

Systemic assaults

The Office of the Auditor General, a beacon of financial scrutiny, faces systemic assaults. There are attempts to dilute the office's independence through the amendment of the Public Audit Act (PAA). Further, the government-sponsored Public Audit (Amendment) Bill 2024 before parliament, if passed, will remove the Auditor-General as the head of the national audit office. This appears to be a subtle attempt to conceal the damming loss of public funds that the Auditor-General has been revealing through official reports or media statements.

The December 2023 abduction of Margaret Nyakang'o, the CoB, and her subsequent coerced journey to Mombasa reeked of intimidation tactics employed to stifle dissent and muzzle fiscal watchdogs. Before her arrest, Nyakang'o had exposed financial rot within this regime. While appearing before the National Dialogue Committee, the CoB questioned government taxation policy and revealed a budgeted corruption scheme. She said that state officers' salaries had been over budgeted to over Sh1.5 billion, demanding the relocation of the money. The matter fizzled out, and we highly doubt if the culpable officers faced disciplinary action.

Like the CoB, the office of the Auditor-General is being targeted for exposing the damning loss of public money. In January this year, the office's head, Nancy Gathungu, lifted the lid on the Sh67 billion loss of public funds through fake payments made to pensioners whose identity is also in question. Gathungu showed how top civil servants manning the scheme were, among others, using duplicate IDs to enroll fake claimants, occasioning the loss of taxpayers' money. No tangible action has been taken to bring the culprits to account. This matters because public funds were lost with no consequences.

Call to action

Independent institutions, such as the OAG, CoB, CRA, and SRC, are critical in ensuring the checks and balances necessary for a functioning democracy. The independent fiscal institutions serve as bulwarks against abuse of power, corruption, and impunity, and their autonomy must be respected and protected at all costs. 

We demand that:

1. Political attacks—through laws and smear campaigns— aimed at clipping these offices' powers and making them subservient to the Executive must stop.
2. The Executive and parliament must uphold the independence of these institutions and refrain from any actions, including underfunding and disregarding their decisions, that may undermine their credibility or effectiveness. 
3. Every citizen must demand accountability and adherence to constitutional mandates by all the three arms of government.

Uganda's Constitutional Court has upheld most provisions of the Anti-Homosexuality Act of 2023, placing LGBTQ+ individuals at increased risk of violence and discrimination.

On April 3, 2024, the court said the Act was constitutional but only nullified four sections—areas that do not adequately address the overarching human rights violations embedded within them.

This is deeply concerning.

The court's decision falls short of safeguarding the fundamental rights and dignity of all individuals, regardless of sexual orientation or gender identity.

The law, in its entirety, perpetuates discrimination, stigma, and violence against LGBTQ+ individuals, violating their rights to privacy, freedom of expression, and equality before the law.

Uganda's President Yoweri Museveni, on May 29, 2023, signed the law based on public outcry and anecdotal evidence. His actions—and those of MPs who passed the law—undermine the principles of democracy and the rule of law. Human rights cannot be subject to popular opinion or emotional rhetoric; they must be protected and upheld without discrimination.

We know an appeal is being filed at the Supreme Court to stop this law. KHRC supports it and urges Uganda's apex court to declare the entire Act unconstitutional.

KHRC stands in solidarity with the LGBTQ+ community in Uganda and calls for an end to discrimination and violence against them.

Nairobi, Kenya—As we approach the International Women's Day celebrations, we must address a pressing issue plaguing our society: the crisis of unintended teenage pregnancies in Kenya, which comes with gross human rights violations. A recent report by the National Syndemic Disease Control Council (NSDCC) sounded the alarm, revealing a shocking statistic of 696 adolescent girls impregnated daily in 2023.

These numbers are a result of, among others, a lack of access to comprehensive sexual and reproductive health services and education. Health is a function shared between the counties and the national government, and as such, both share the blame for this crisis. Moreover, parents have a responsibility, under the Children’s Act and the constitution of Kenya, to promote the well-being and welfare of their children. The constitution tasks counties to promote primary and public healthcare to mitigate these unintended teenage pregnancies. Separately, the national government, through the Ministry of Health, is responsible for developing guidelines and policies for healthcare provision, including sexual and reproductive health.

Therefore, the national government’s action can potentially suppress or escalate the crisis at hand. In May 2023, the Ministry of Health pulled out of a major regional commitment that would have mitigated unintended teenage pregnancies and reduced HIV and sexually transmitted diseases. Kenya withdrew from the Eastern and Southern African (ESA) ministerial commitment to comprehensive sexual education. The withdrawal signals the lack of commitment by the government to protect our girls from early and unintended pregnancies and enforce laws to stop this scourge.

Resolving this crisis seems distant, especially considering the reckless remarks made by some leaders, including Bungoma Governor Kenneth Lusaka. Lusaka said pregnant girls should be barred from returning to class, undermining their right to education and victimizing them more. Ironically, Bungoma is one of the highest contributors to teenage pregnancy, with a prevalence rate of 19 per cent at the county level compared to the national average of 15 percent.

Counties with high teenage pregnancies

KHRC analyzed data from the Kenya Demographic and Health Survey (KDHS) 2022 report and came up with the top 10 counties with high numbers of teenage pregnancies among adolescent girls aged 15 - 19 years. Our girls cannot be reduced to statistics. Every girl counts, and a human rights violation affecting one girl is significant. The counties, according to KDHS, are:

1. Nairobi County (452)
2. Kakamega County (328)
3. Bungoma County (294)
4. Nakuru County (283)
5. Kiambu County (267)
6. Kilifi County (224)
7. Meru County (206)
8. Kisii County (192)
9. Machakos County (178)
10. Narok County (176)

Based on this, KHRC is issuing red cards to the following governors and a Cabinet Secretary for not making tangible and progressive steps to mitigate these unintended teenage pregnancies:

1. Nairobi’s Johnson Sakaja
2. Bungoma’s Kenneth Lusaka
3. Kakamega’s Fernades Barasa
4. Nakuru’s Susan Kihika
5. Machakos’ Wavinya Ndeti
6. Kiambu’s Kimani Wamatangi
7. Kilifi’s Gideon Mung’aro
8. Meru’s Kawera Mwangaza
9. Kisii’s Simba Arati
10. Narok’s Patrick Ole Ntutu

And, 

11. Health CS Susan Nakhumicha.

We are also highlighting counties with the highest per capita contribution to teenage pregnancies in Kenya. These are:

1. Samburu County 50.1 percent
2. West Pokot 36.3 percent
3. Marsabit 29.4 percent
4. Migori 23.0 percent
5. Kajiado 21.8 percent
6. Baringo 20.3 percent
7. Siaya 20.9 percent
8. Taita Taveta 18 percent
9. Trans Nzoia 17.8 percent
10. Isiolo 16.7 percent

Consequently, KHRC is issuing cards to the following governors for not making tangible and progressive steps to mitigate these unintended teenage pregnancies: 

1. Samburu’s Jonathan Lelelit
2. West Pokot’s Simon Kachapin
3. Marsabit’s Mohammud Ali
4. Migori’s Ochilo Ayako
5. Kajiado’s Joseph Ole Lenku
6. Baringo’s Benjamin Chesire Cheboi
7. Siaya’s James Orengo
8. Taita Taveta’s Andrew Mwadime
9. Trans Nzoia’s George Natembeya
10. Isiolo’s Abdi Ibrahim Hassan

According to the KDHS, some of the causes of these pregnancies included poverty, sexual gender-based violence, low levels of education, harmful cultural practices, and; from other studies, the extended school closures experienced since 2020.

As a result, girls aged 15 to 19 years often face numerous human rights violations.

• The right to education: girls form a large percentage of school drop-outs
• The rights to life and dignity: teenage pregnancies contribute to life-threatening conditions
• The right to health: They face barriers to accessing sexual and reproductive health services against Article 43 of the Constitution of Kenya.
• The right to equality and freedom from discrimination: many of these girls are exposed to stigma and other forms of discrimination
• The right to freedom and security of the person: owing to the exposure to sexual and gender-based violence faced by our girls

Overall, the above consequences amount to a violation of Article 53(1) (d) of the Constitution, which provides that every child has a right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhumane treatment and punishment, among others.

The above have been red-carded for the aforementioned teenage pregnancies, which could have been prevented had the governors implemented proactive strategies to address them per county mandate. Additionally, Kenya's withdrawal from the Eastern and Southern African (ESA) ministerial commitment to comprehensive sexual education and other critical policies could have contributed to these pregnancies. 

Importantly, we call on the following to take decisive actions to mitigate unintended teenage pregnancies:

1.   The Ministry of Health must recommit to the Eastern and Southern Africa Commitment on comprehensive sexual education.  
2.   The Ministry of Education must ensure that every teenage girl who falls pregnant is unconditionally permitted back to school and provided with the necessary psychosocial support without discrimination.
3.   Governor Kenneth Lusaka must retract his statement against schoolgirls who fall pregnant and commit to facilitating their education.
4.   The Council of Governors should interrogate the crisis as a matter of urgency and offer a collective voice on policy issues affecting the prevention and management of teenage pregnancies in Kenya.
5. The parents must, in line with the Children’s Act and the constitution of Kenya, promote the well-being and welfare of their children.

Signed

Kenya Human Rights Commission (KHRC)