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)

Nairobi, Kenya—Ghana's parliament on February 28 passed the Human Sexual Rights and Ghanaian Family Values bill, which represents a grave violation of fundamental human rights.

The bill imposes harsher sentences for the LGBTQ+ community. It has a jail term of up to three years for anyone convicted of identifying as LGBTQ+. It also sets a maximum five-year jail term for forming or funding LGBTQ+ groups.

The bill awaits President Nana Akufo-Addo's assent to become law, and poised to be one of the harshest towards the LGBTQ+ community in Africa.  The Kenya Human Rights Commission (KHRC) demands the president to veto the bill.

KHRC further demands that Ghana respects its obligation under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other international human rights instruments. These agreements explicitly protect the rights of all individuals, regardless of their sexual orientation or gender identity, and prohibit discrimination on such grounds.

The passage of the bill undermines Ghana's commitment to regional human rights instruments, including the African Charter on Human and Peoples' Rights and the African Charter on the Rights and Welfare of the Child.

The unfortunate development in Ghana will undoubtedly lead to widespread human rights abuses, including discrimination, persecution, and violence against LGBTQ+ individuals. It will foster a climate of fear and intolerance, further marginalizing already vulnerable communities and perpetuating injustice within Ghanaian society, as is the case in Uganda.

In May last year, Uganda's President Yoweri Museveni signed one of the world's strictest anti-LGBTQ+ laws, which spelt out the death penalty for "aggravated homosexuality". African legislators must stop their hate towards the LGBTQ+ community.

KHRC demands that Ghana's President Akufo-Addo veto the bill and reaffirm his commitment to upholding all citizens' fundamental human rights. Ghana should align its laws and policies with international human rights standards and work towards building a society that respects and celebrates diversity in all its forms.

Signed

KHRC

The Kenya Human Rights Commission (KHRC), MUHURI, and Social Justice Centres Working Group strongly condemn the reckless and insidious attacks by William Ruto against the Judiciary and Kenyans who continue to challenge his repressive policies.

It is noticeably clear what Mr. Ruto is politically scheming against the judiciary in the midst of the deepening political and economic regression under his rulership: having  already infiltrated and captured Parliament and many other independent institutions, he now set his sights on this crucial arm of the state, which remains the core beacon of hope and justice to Kenyans.

His recent remarks are an affront to the doctrine of separation of powers. It is clear that the constitutionally guaranteed, and therefore protected, role to interpret the law belongs with the judiciary. The president, by making the careless and ill-thought remarks, failed to respect the institutional and decisional independence of the judiciary. Mr. Ruto’s action of singling out particular cases in court and publicly disparaging the characters of judicial officers is tantamount to intimidation and a blatant attempt to interfere with the decisional independence of the judiciary.

Further and in what appears to be his characteristic manipulative nature, President Ruto took on a path to set the public against the judiciary when he declared that the courts were being used to halt his development programmes. And in brazen contempt of court, in the full glare of the media, he went on to order the Principal Secretary for Roads to ensure resumption of construction of a road whose determination was still pending in court.

This statement serves as a pointed reminder for Mr. Ruto:  The Judiciary, as explicitly outlined in Article 161 of the Constitution, stands as an independent and equal arm of government. This means that the judiciary is meant to be beholden solely to the Constitution and the people of Kenya, impervious to the meddling fingers of any person or authority. The Judiciary is not his pawn to manipulate; it is an autonomous entity designed to operate beyond the reach of political and executive whims and puppetry. In any case, the president should know better to follow the well-established judicial hierarchy that provides channels for individuals who are dissatisfied by a court decision to appeal or seek review of the decision in a higher court.

For the Judiciary is mandated to ensure justice prevails in all circumstances and therefore should not sacrifice constitutionalism at the altar of political expediency. Its steadfastness in upholding the rule of law should not be misconstrued as corruption and should be protected from the unfettered 'powers' of the Executive. Indeed, we take note that some of the cases coming under the president’s attack raise important and valid issues around public participation and the procedures followed in coming up with laws that impose levies and fees, for instance on the Social Health Insurance Fund and housing projects. As a healthy democracy, it is important that such issues are canvassed and resolved through the platform of a court of law.  Any other way would open floodgates to anarchy.

Moreover, Mr. Ruto should remember that  he is not above the law and the national office he occupies is a creation of the Constitution and the people of Kenya. Thus, his threats to disobey court orders will set a calamitous and regrettable impact on his regime. Given that the executive arm of the government is a key player and beneficiary of the criminal justice, his bad decisions against the judiciary will fuel lawlessness and lead to self-sabotage. He must be reminded that he occupies an immensely important office assigned to him by the people of Kenya. He therefore must exercise great caution in the execution of his mandate and ensure he remains measured in his utterances.

It is utterly disheartening that the treacherous journey undertaken by daring Kenyans since the 1960s to dismantle presidential imperialism and its unbridled control of courts and other state institutions during the autocratic KANU regimes under Presidents Jomo Kenyatta and Daniel Moi culminating in the Constitution of Kenya 2010, is now at risk of being undermined by the divisive and disruptive pronouncements emanating from an office designated as a symbol of national unity. This is a stark indictment of a political system that appears oblivious to the sacrifices and aspirations of the people he is meant to serve.

It also ironical and unacceptable that the regime in its dispatch from State House Nairobi (dated January 3, 2024, and titled "Just for the record") in response to a statement issued by the Law Society of Kenya dated January 3, 2024, mischievously misconstrued its current fights with judiciary with the quest for progressive reforms instituted by the Kibaki regime after the removal of KANU in December 2002. In fact, what we are experiencing is a devious effort to take us back to the horrible and repressive dispensation where judiciary was subservient to the executive.

We cannot forget the fact that a good number of this regime are a product of this bleak, dark past.  It is no wonder we are increasingly creeping into a fascist regime that attempts to suffocate virtually every state agency.  This must be resisted strongly.

One wonders whether the Attorney-General (AG) and the Solicitor-General are in dereliction of their duties. Their primary role is to promote, protect, and uphold the rule of law and champion the public interest as the principal advisors of the President. However, their performances cast doubts on whether they are anything more than spineless enablers of Executive overreach, owing to their allegiance to power over principles.

Demands and Actions

1. President Ruto must immediately issue an unequivocal apology to the Judiciary and stop the attacks, interference, intimidation and threats including to other institutions and all Kenyans who continue to challenge his punitive and retrogressive decisions.
2. Judiciary should consider laying down its tools unless Ruto retracts his political threats and utterances for the rule of law is no longer applicable to this regime.
3. The Kenya Kwanza regime must end its proclivity to autocracy, personal rule and obsession with institutional capture and disregard of the rule of law.
4. Kenyans and the legal fraternity should strongly consider filing complaints with the Law Society of Kenya against the Attorney-General and the Solicitor General for failing to provide sound legal advice to the President regarding the critical role that the Judiciary plays.
5. Finally, and pursuant to Article 3(1), we call upon Kenyans to continue respecting, upholding and defending the Constitution at all times, and by all legal means.

In conclusion, we remain in solidarity with the judiciary on this matter and offer our unequivocal support to the LSK in its call for nationwide demonstrations next week in expression of civic dissent against the attacks by the president. We call upon lawyers and the rest of Kenyans to turn up in big numbers.

May Justice be our Shield and Defender. Aluta Continua

Signed

KHRC

MUHURI

SJCWG

On December 14, 2023, an anti-corruption court acquitted former Treasury Cabinet Secretary (CS) Henry Rotich and eight co-defendants of fraud-related charges linked to the troubled construction of two dams.

The court criticized the prosecution's handling, noting a lack of diligence. Only eight out of 49 witnesses were presented, with 41 witnesses not interrogated, suggesting a possible strategy for a prosecution-led acquittal.

The court condemned the prosecution's approach as destined for failure, characterized by a reckless dereliction of duty from the beginning. Obiri and Mureithi were prosecutors in this case.

As a result, on December 29, Transparency International, KHRC, Katiba Institute, and Africog filed a lawsuit seeking accountability for the reckless dereliction of duty by prosecution advocates.

In the petition, the organizations asked the court to lift the immunity of the prosecutorial counsel and hold them personally liable if the former accused persons pursue damages for malicious prosecution.

The urgency is emphasized, fearing additional losses from potential damages paid from the public purse, already depleted by the Sh63 billion loss. The case cost the public even more—from resources spent on investigations and prosecution to adjudication conducted for the flopped case.

Apart from Obiri and Mureithi, the Director of Public Prosecution, Renson Ingonga, was also sued, with the Law Society of Kenya (LSK) serving as an interested party.

The petition also seeks to prevent government officials from using public funds to compensate damages if Rotich or the other former suspects win their case for wrongful prosecution. The argument is straightforward: there is uncertainty regarding the responsible parties returning public money in case of a favorable ruling for the former accused.

Additionally, the organizations are urging the court to impose fines on Obiri, Mureithi, and Ingonga to discourage future neglect of prosecutorial duty, protecting the public from unnecessary costs resulting from the accused's actions.

We demand that no more public resources should be applied in this matter, including the defense of the prosecutors sued—they should do so at their costs.

Read the petition here.

Signed:

TI-Kenya

KHRC

Katiba Institute

Africog

The Kenya Human Rights Commission (KHRC) remains concerned by the worsening state of the nation, which is caused by the deepening culture of impunity and manifesting in flagrant disregard for the rule of law. People's dignity and rights, among other values and principles of good governance enshrined in the Constitution, have been neglected by this regime. Yet Kenya Kwanza swore to protect all these, but it has failed.

KHRC and our human rights and governance actors have been monitoring and responding to this dire situation since September 13, 2022, when this regime assumed office. We delivered several reports to prove the looming crisis, first on November 10, 2022, September 13, 2023, and another on November 17, 2023, accessible here, here and here, respectively.

Our observations have been confirmed so many times by different opinion polls conducted throughout 2023, with the latest including those of Infotrak and Tifa released on December 29. All surveys showed the country has increasingly moved in the wrong direction, citing the high cost of living, unemployment, and poverty.

10 indicators of Kenya's worsening situation

As we close the year today, we wish to point out the following 10 indicators of Kenya's worsening situation. These points will remain on our agenda in 2024. It is a pity these critical issues didn't find the requisite policy conversation and action in the so-called National Dialogue Committee (NADCO), which focused more on the ruling elite across the political divide.

1. Punitive taxation

The Finance Act, 2023, among other policies, caused unprecedented inflation due to increased and new taxes, including housing levies. Thus, life in 2023 was so hard and unbearable. There were many indications of massive poverty and suffering nationwide. These laws and policies violated the economic and social rights enshrined in the Constitution. Sadly, even in the face of widespread opposition to these taxes, Parliament did nothing to stop them, demonstrating a disdain for the voices of the people. Shockingly, despite a court decision finding some taxes in the Finance Act unconstitutional, it allowed the government to continue this illegality until January 10, 2024. This raised concerns about the potential state capture of the Judiciary, casting a dark shadow over the integrity of our legal system.

2. Odious debt

In its campaign promises and initial days in office, the Kenya Kwanza regime assured the public of responsible fiscal management, vowing not to burden citizens with additional debt. But it did the opposite, borrowing at least Sh1.5 trillion in the initial nine months in office. Further, the country was subjected to taxation and other oppressive policies by the International Monetary Fund (IMF) and other lenders. These odious debts were complicated by runway theft of resources by the national and county governments. This has decimated public resources, which could have been optimized in development, among other social services and rights to the people.

3. Appointment of criminal in state and public offices

This situation started during elections where politicians with questionable integrity were cleared to contest, and some got elected in August 2022. This regime deepened this further by having more culprits appointed into state and public offices, contrary to Chapter 6 of the Constitution on Leadership and Integrity. Having such criminals has eroded public trust in those offices and increased opportunities for more theft and misappropriation of public resources. Such appointees, who faced criminal and civil cases, had these suits dropped under suspicious circumstances.

4. State capture and weakening of independent institutions

The unfortunate control of Parliament and county assemblies started with the reign of the Jubilee regime. Kenya Kwanza, which lied that it would end such capture, doubled down. This regime in 2023 went even further and started targeting constitutional commissions and independent offices. This is how they did it: first, it denied these commissions and offices resources to function optimally. Secondly, it appointed compliant state officers like judges and commissioners to those critical positions.

The endless dropping of high-profile criminal cases by the Office of the Director of Public Prosecution (ODPP) was part of this scheme, with the Arror and Kimwarer dams scandal being a case in point. As a result, it has become untenable to oversee the Executive. The rogue regime is now misruling the country with limited accountability.

5. Corporate capture and related rights abuses

Despite the positive strides made in adopting the National Action Plan on Business and Human Rights in 2023, the business community in our country still wields considerable power and influence, allowing them to perpetrate injustices unchecked. These violations manifest in various forms, including labor, security, environmental, land, and natural resource issues, with recent incidents highlighting concerns in Bamburi, Kasighau, and Delmonte.

In a troubling development this December, Delmonte guards were implicated in the death of four Thika locals.

Throughout 2023, Bamburi Cement PLC faced mounting accusations of hiring G4S guards who, according to Kwale residents, were complicit in attacks resulting in deaths, injuries, and rapes against them. These allegations cast a harsh light on the company's practices and raise serious questions about its commitment to the well-being of the communities it operates in.

In another disturbing revelation, senior workers at Wildlife Works and Verra were accused of serial sexual abuse and the use of sex as a bargaining tool for job opportunities within the Kasigau Corridor REDD+ Project in Kenya. The SOMO and KHRC joint report in 2023 exposed these hidden scandals, casting shadows over the entire sector and prompting broader concerns about its dedication to safeguarding human rights. The detailed report is accessible here.

6. Shrinking civic space. 

The culture of repression in 2023 manifested itself through the systematic denial of people's constitutional rights to information, peaceful assembly, protest, and free speech.

Between April and August 2023, we witnessed egregious violations, including arbitrary arrests, violent disruptions, illegal detentions, injuries, and even fatalities during protests against the Finance Bill, 2023, and the escalating cost of living. These events marked one of the darkest chapters in the country's history since the passage of the Constitution in 2010.

Attempting to organize demonstrations against the government and the private sector in Kenya became virtually impossible in 2023, with severe consequences for those who dared to try. The oppressive atmosphere extended to threats by the Executive against the media for their coverage of the administration's misgovernance, severely undermining freedom of expression. In 2023, CS Moses Kuria gained notoriety for threatening the press, but media outlets held him accountable.

Moreover, the regime's intolerance towards free speech took a tragic turn with the killing of blogger Daniel Muthiani in Meru, highlighting the dangerous consequences individuals face for expressing dissenting views.

7. Discriminatory nature and character of Kenya Kwanza regime

Through Deputy President Rigathi Gachagua, this regime has explicitly declared itself a "shareholder-holding government," emphasizing benefits solely for regions and communities that supported its electoral victory. Tangible actions substantiated Gachagua's rhetoric, which is evident in development initiatives and public appointments.

Furthermore, a concerning pattern emerged in the biased selection of individuals for key government positions, particularly in terms of gender, youth, and persons with disabilities. These appointments contradicted constitutional provisions and the principles outlined in the regime's manifesto. Notably, these irregular appointments also fell short of meeting the two-thirds gender rule, as advised by the Supreme Court.

The deviation from constitutional principles and the regime's commitments raises serious questions about the government's dedication to inclusivity, fairness, and adherence to the rule of law.

8. Unlawful and arbitrary evictions

In blatant disregard of the protective provisions enshrined in the Constitution, as well as other relevant laws such as the Land and IDPs Act, and international instruments, there were violent, forceful, and irregular displacements in 2023 of Kenyans from their habitual places of residence. Notably, the Mau evictions targeted the Ogiek community. Another was in Machakos on a parcel contested between Mavoko locals and Portland Cement Company. All these evictions resulted in severe human rights violations, humanitarian crises, and substantial economic losses for the affected population.

Regrettably, the residents of Mombasa also experienced the brunt of such evictions, as bulldozers descended on their homes in Changamwe on December 18, rendering hundreds of them homeless. The demolition of these homes aimed to make way for apartments well beyond the financial reach of the local population, thereby infringing upon their right to accessible and adequate housing.

9. Anti-people education policies

In 2023, the challenges surfaced prominently during the transition from the 8-4-4 education system to the Competency-Based Curriculum (CBC), significantly compromising the overall quality of education. Notably, the new funding model for university education exacerbated disparities, placing an undue burden on students from poor backgrounds. Accessing government-funded loans became particularly frustrating for such students due to convoluted preselection criteria riddled with biases.

Moreover, the recent mess in processing the 2023 Kenya Certificate of Primary Education (KCPE) exams pointed to a deeply entrenched and compromised examination process in Kenya.

10. Heath, for who?

Kenya's health system is in crisis, with the current regime's promised "universal health care" falling far short of expectations. The transformation of the National Health Insurance Fund (NHIF) into the Social Health Insurance Fund (SHIF) was merely a cosmetic change that did not translate into tangible improvements in service delivery. As 2023 draws to a close, the NHIF still owes private hospitals significant sums of money, running into billions of shillings. These hospitals, relied upon by numerous Kenyans supposedly covered by government insurance, refuse to provide treatment until the outstanding bills are settled. Unfortunately, there is no indication that the government intends to address this substantial debt promptly, resulting in the continued denial of critical healthcare to millions of Kenyans.

On our own

It is essential not to overlook the pivotal role of elections in shaping Kenya's political landscape and governance. Comprehensive reforms addressing key concerns and political interests are imperative.

As we reflect on the challenges of 2023, it is evident that the year has been bleak for Kenyans. In the words of Fr. Gabriel Dolan, our board member and a columnist with the Saturday Standard, "We are pretty much on our own, so get up, speak up and get down off the fence".

KHRC remains steadfast in its commitment to fighting for the rights of Kenyans and holding the current regime accountable. In the first quarter of 2024, KHRC will host a significant convention to explore strategies to halt the deepening regression in governance and human rights. This initiative aims to bring stakeholders and concerned citizens together to collectively address the country's pressing challenges.

Signed

KHRC

On record, several patriotic and spirited activists and organizations have gone to court to challenge Ruto's punitive and retrogressive taxation, among other policies in Kenya. Such includes Senator Okiya Omtatah, Kenya Human Rights Commission (KHRC), Katiba Institute, The Institute for Social Accountability (TISA), Transparency International-Kenya, International Commission of Jurist—Kenya, Siasa Place and Tribeless Youth.

Individuals and actors who stand for the sovereignty of the people and values and principles of governance enshrined in the Constitution should be protected and respected rather than be treated or profiled as enemies of the State, as Ruto tried to posture.

His statement, coming at a time of deepening culture of impunity, creeping dictatorship, and shrinking democratic space in the country, reminds Kenyans of the very sad, dark, and bleak colonial and KANU regimes that were characterized by gross repression and injustices.

It is no wonder those who tried to fight these horrible policies in the streets between June and August 2023 were met with unprecedented and unmatched police brutality. It also explains why the regime police in Kisii resisted the efforts by Senator Omtatah to record a statement regarding the same threats.

Let it be clear: We won't sit and watch any ruler defile our hard-won democracy and Constitution, which safeguards our fundamental rights and freedoms to seek legal and political recourses amid governance adversities. No one, including Ruto, can curtail it.

It is essential for the ruling regime and the political class, in general, to understand that while they have tried to advance their interests and undermine people's rights over decades, Kenyans have a robust history of rebelling, resisting, and overcoming fiercely and fearlessly.

As per the second stanza of our national anthem, "Let one and all arise; with hearts both strong and true," we remain bold and committed to standing against any policy that undermines public interests and people's rights.

KHRC remains committed to advancing its mandate of human rights-centered governance and standing with the people of Kenya for the envisioned human rights state and society where citizens can freely exercise their rights without fear or favor.

Aluta Continua.

Signed

KHRC

From the outset, the court observed that the prosecution's approach was designed for failure, characterized by a reckless dereliction of duty. The collapse of the Arror and Kimwarer case confirms the ODPP is politically captured and part of a conspiracy to defeat justice.

However, this outcome did not come as a surprise to us.

Various stakeholders, including the civil society, the Judiciary, and the public, have consistently voiced concerns regarding the ODPP's handling of high-level criminal cases, especially those with political connections. We have observed a worrying emerging pattern where cases have fallen apart due to withdrawal by the prosecution or ended in acquittals because of poor prosecution.

In the Arror and Kimwarer case, it became evident that the prosecution was committed to deliberate failure. The trial faced continuous frustration, prompting both Magistrate Eunice Nyutu and High Court Judge Nixon Sifuna to openly call out the prosecutors in charge of the case, Geoffery Obiri and Oliver Mureithi. The management of this case exemplified what can be termed "prosecution-assisted acquittals": the prosecution mischievously outdid the defense counsel's efforts in securing the release of the suspects.

The fact that the prosecution scheduled and failed to interrogate 41 witnesses who could have submitted credible evidence to win the case indicates incompetence and manipulation. The prosecutor who led this case must not handle any prosecutorial role and must be removed from that office through any legal means.

DPP Renson Ingonga must know that prosecutorial powers are not a plaything that can be exercised at whims between his office and political power holders to absolve suspects with political connections.

The deliberate undermining of cases for political reasons is not a recent development.

The pattern began in the reign of former DPP Noordin Hajj. Despite the former DPP's public assurances that charges were only filed when fully satisfied that the cases met the evidentiary threshold to secure a conviction—which in criminal cases must be beyond a reasonable doubt—his office frustrated the same matter with the same evidence and the same witnesses that informed their decision to charge. ODPP is such a critical cog in the criminal justice system, and the right to justice and the fight against corruption must not be handled with such casualness.

Our demands

We are demanding the following from the DPP:

1. To assert authority, the DPP must seize the Arror and Kimwarer case, redirecting it towards its foundational principles, raison d'être, and constitutionalism. Immediate and decisive action is required. This entails promptly assuming responsibility for the issue and undertaking urgent remedial measures. It is crucial to identify any personal culpability among his officers that led to the wrongful identification of the 41 witnesses as credible—if indeed they were. Subsequently, the DPP should initiate a swift process to ensure that the actual culprits are brought to court and charged accordingly. If Rotich and eight others were the real suspects, they must face the law again.
2. If the DPP does not do this, we will take the requisite legal measures including individual action against the relevant officers in the ODPP who acted outside the principles of the Constitution and the law in handling the case, and in so doing have led to the loss of public resources including financial and human resources spent on the investigation, prosecution, and adjudication of the matter.

Further, we demand that:

3. Former CS Rotich and the eight other suspects involved in the Arror and Kimwarer dam case should be barred from public office appointments. Their acquittal is suspect and requires a comprehensive, independent investigation to examine the circumstances surrounding the collapse of the case thoroughly.

Signed

1. Kenya Human Rights Commission (KHRC)
2. Transparency International-Kenya (TI-Kenya)