They included the family of the late Agnes Wanjiru, a young woman whose family accused British soldiers of having a hand in her gruesome murder in 2012, and the widow of Linus Murangiri, who died during a fire incident linked to BATUK soldiers. The victims planned to air their grievances before King Charles III’s arrival to Kenya.

On October 31, 2023, the police again, without providing any reasons, blocked a peaceful procession by a group of patriots from the Social Justice Centers Working Group who intended to present a petition to the British High Commission. This is despite the group having notified the police of the planned precession on October 27, 2023. Just before the peaceful procession could commence at the Dedan Kimathi monument in the capital, a truck full of uniformed and ununiformed police officers armed with teargas canisters blocked the procession. The police also confiscated two banners with these messages: “BRING BACK KIMATHI REMAINS” and “BRITAIN MUST APOLOGIZE.”

These barbaric acts by the police demonstrate that despite the many attempts at police reforms, the systemic philosophical and operational nature of policing in Kenya has never changed since its establishment as a militia to protect the business interests of Sir William McKinnon and his company Imperial British East Africa (I.B.E.A.) in the 1880s.  As it were in the 1880s and throughout the colonial period, the Kenya police in 2023 is still a tool to protect the elite’s interests (predominantly white) while brutalizing, oppressing, and repressing the so-called natives.

We are especially concerned that this is happening within a context in which for the last year since the Kenya Kwanza regime came into office, the Kenya police has re-acquired a forceful, brutal, coercive character and made it impossible for citizens to organize public protests and other gatherings meant to challenge the governance abuses and failures of the ruling political and corporate elites just as its colonial predecessor.

We strongly condemn these despotic and unconstitutional acts by the police and wish to remind the government that Articles 33, 34, 36, and 37 of the Constitution of Kenya guarantee the freedom of expression, media, association, assembly, demonstration, picketing, and petition, respectively. We reiterate that any attempts to limit these fundamental rights and freedoms unconstitutionally will be vehemently resisted. Police officers perpetrating human rights violations while attempting to limit these fundamental rights and freedoms outside the provision of Article 24 of the Constitution will be held individually culpable.

We demand that the Kenya Police allow all victims of human rights violations perpetrated by British colonial and post-colonial institutions to exercise their rights and freedoms of expression, media, association, assembly, demonstration, picketing, and petition without any intimidation and harassment. These are fundamental, inalienable rights guaranteed by the constitution, which the police have no powers to limit arbitrarily.

We demand that the police resist any attempts to take Kenya back to the dark and repressive Colonial and KANU rules. Kenyans shall sustain the fight for their constitutional rights as they did during the colonial and KANU days.

We call upon all groups who have suffered severe human rights atrocities perpetrated by British colonial and post-colonial institutions to come forward and air their grievances and demands to King Charles III without any fear.

At the minimum, we still maintain that the King must issue a public apology and commit to adequate reparatory and compensatory measures for all the diverse groups of victims of the horrific atrocities.

Signed:

Kenya Human Rights Commission (KHRC)

Editor's note: This is a KHRC press statement and an open letter on the official visit of King Charles Philip Arthur George Windsor of the United Kingdom to Kenya

1. INTRODUCTION

Kenya Human Rights Commission (KHRC) is a premier Non-Governmental Organization (NGO) established in 1992 with a mandate for enhancing human rights-centred governance at all levels.  This entails applying the international, regional and national governance frameworks, including the Constitution of Kenya to foster States obligations to respect, protect and promote human rights, rule of law and accountability.

We advance policy, legal and civic actions in pursuit of redress for such. To this effect, we fearlessly expose, combat and confront diverse and gross human rights and governance abuses committed by both state and non-state actors including corporations and organizations-- ranging from the colonial and to the post-independence regimes in Kenya.

Some of these touch on the victims and survivors of mass and systemic atrocities, historic land injustices and corporate-related violations for which either the British government or corporation, among other powerful actors have been involved in one way or another.

A case in point is the, Mau Mau reparations suit initiated in London by Leigh Day, KHRC and Mau Mau War Veterans Association (MMWVA) against the transgressions committed by British government during the emergency period between 1952 to 1960.

The campaign we started in 2002 ended up with an out of court settlement in June 2013 accompanied by a statement of regret, as opposed to an apology, from then British Prime Minister. And some modest reparations for the 5,228 claimants and fund that saw the construction of a monument at the Freedom Corner in  Nairobi[1].

We understand Charles III, King of the United Kingdom (UK), is set to arrive in Kenya on October 31, 2023, for a four-day state visit that ends on November 3. According to UK’s government, the King’s visit is to “celebrate the warm relationship between the two countries and the strong and dynamic partnership they continue to forge”.

While the UK’s government indicates that the King will “acknowledge the more painful aspects of the UK and Kenya’s shared history, including the Emergency (1952-1960)”, there is no indication that the King plans to meet with all the diverse groups of victims of gross human rights violations perpetrated by the brutal colonial  regime and British multinationals in Kenya or offer full and unconditional apology and commit to effective reparations to victims and their families.

Speaking on Kenya’s Spice FM on Tuesday October 24, 2023, ahead of King Charles III’s visit, UK High Commissioner to Kenya  Neil Wigan  confessed that they haven't  issued an apology in any context  as “ it is really  difficult thing  to do”. He further admitted:

“An apology starts to take you to a difficult  legal territory, and the settlement we made was out of court, so it showed  our sincerity and openness in recognizing the abuses that were committed. That is the route we chose and accepted to the Mau Mau War Veterans Association.”

This confirms why  the British government initially tried to oppose the Mau Mau case on the unjustifiable basis of lack of liability and lapse of time. On the first issue, they had moved to court to have the case struck out by invoking the defense of State Succession, transferring responsibility to the Kenya Government. On the issues of the state of limitation, they argued that the case is time barred, with over 50 years having elapsed since the alleged atrocities took place[2].

This position and approach falls short of the international principles on redress and transitional justice  as established in the UN  Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of the International Human Rights Law and Serious Violations of the International Humanitarian Law[3].

Finally, the UK government indicates that “His Majesty will take time during the visit to deepen his understanding of the wrongs suffered in this period by the people of Kenya”. We welcome the King’s willingness to understand and we,  as key actors, remain available to offer the requisite information and recommendations which we hope will confer effective remedies as espoused in the aforementioned international frameworks.

Based on this, we wish to bring to the attention of the British government some of the critical and interrelated human rights and governance abuses for action.

2. CRITICAL HUMAN RIGHTS AND GOVERNANCE ABUSES FOR IMMEDIATE ACTION

Below are the key injustices committed during  and post colonial rule whose social, economic and political implications continue to be felt to date.

1. Political repression during the Colonial Rule (1895 to 1963)

It is on record that British occupation was characterized from inception by an extremely brutal and excessive force with punitive and violent expeditions that saw unprecedented crackdown of all individuals, communities and associations that resisted its political ventures in different parts of the country. Many fearless women leaders such as Mekatilili Wa Menza, Muthoni Nyanjiru,  Prophetess Syokimau, Moraa Ngiti,[4] among others, were not spared either.

The atrocities committed by the British regime were so gross that the Truth, Justice and Reconciliation Commission (TJRC)[5] when exercising its special mandate on the colonial antecedents summarized it in its primary findings:

“The Commission finds that between 1895 and 1963, the British Colonial administration in Kenya was responsible for unspeakable and horrific gross violations of human rights. In order to establish its authority in Kenya, the colonial government employed violence on the local population on an unprecedented scale. Such violence included massacres, torture and ill-treatment and various forms of sexual violence.

The Commission also finds that the British Colonial administration adopted a divide and rule approach to the local population that created a negative dynamic of ethnicity, the consequences of which are still being felt today. At the same time the Colonial administration stole large amounts of highly productive land from the local population, and removed communities from their ancestral lands[6].”

From 1920 onwards when Kenya attained the colonial status and political authority, the British rule introduced very repressive laws and policies that had adverse effects on both the civil, political, economic, social and cultural rights of the locals. These anti-people and punitive governance systems and practices have been sustained to date. The deeply repressive policing culture is a case in point for it was established and sustained as a tool for suppressing civic uprising.

Owing to this and tired of operating in constrained political spaces, living in infertile and overcrowded native reserves and working for low pay on white owned settler farms, Kenyans began to organize into many resistance movements across the country. To quell the protests, the colonial government responded with extreme levels of brutality and barbarity.

The worst was during the emergency period between 1952 and 1960 when British colonial authorities carried out a brutal campaign against Kenya’s freedom fighters. Over 100,000 Kenyans were killed, tortured and maimed.

1. Land Alienation

The deeply oppressive and alien land policies during the colonial era are widely documented in the official reports, civic investigations and academic journals. Through the Land Acquisition Act (1894), the Crown Lands Ordinance (1902), the Crown Lands Ordinance (1915) and the Kenya Native Areas Ordinance (1926), British colonial authorities forcefully and brutally evicted Kenyan communities from their ancestral lands and handed the high potential land to white settlers and multinational corporations with up to 999 years leases. Kenyan land became ‘Crown’ land owned by the Queen of England.

As a result, Africans were confined to unproductive and overcrowded native reserves. In some cases, the British signed so-called “agreements” with illiterate community leaders leading to dispossession of their land. For instance, the Maasai community signed the Anglo-Maasai agreements that saw massive loss of their grazing land to white settlers. Unfortunately, some of the parcels of lands are still owned by British investors as Lord Delamare, David Craig and corporations such as Kakuzi, Unilever Tea Kenya, James Finlay Kenya, George Williamson.

The adverse effects of these colonial laws are felt to date. It is on this basis that the National Land Policy (NLP) in Kenya points to the fact that:

“It was expected that the transfer of power from colonial authorities to indigenous elites would lead to fundamental restructuring of the legacy on land. This did not materialise and the result was a general re-entrenchment and continuity of colonial land policies, laws and administrative infrastructure. This was because the decolonisation process of the country represented an adaptive, co-optive and pre-emptive process which gave the new power elites access to the European economy[7].”

The long-term effect of this is the historical land injustices.  These according to NLP are:

“ …. land grievances which stretch back to colonial land policies and laws that resulted in mass disinheritance of communities of their land, and which grievances have not been sufficiently resolved to date. Sources of these grievances include land adjudication and registration laws and processes, treaties and agreements between local communities and the British”.

1. Gross Human Rights Violations Committed by the British Corporates

There is a direct link between the above-mentioned colonial and post-independence state governance frameworks and the entrenched power and interests of private sector elite in the land, conservation, and other business ventures in our society where corporate-related human rights violations are committed with minimal, if not zero redress[8].

This is because, colonialism was a political system to advance the imperial interests of the British citizens and corporates. Thus the above-mentioned questions on land alienation and political repression were partly to create an enabling environment for the corporates to advance the land-based agricultural economy with cheap labour and minimal resistance.

This has over time entrenched the culture of corporate capture and led to many human rights violations committed by the British citizens and multinationals in Kenya.  We outline a few cases below to show how powerful British multinational enterprises continue to retain effective control over political and economic spheres in Kenya. Kakuzi Kenya Limited which is a subsidiary of UK based Camillia Park in the UK is a case in point.

On 11^th  February 2021,  and following the intervention of Leigh Day, KHRC and Ndula Resource Centre;  Kakuzi Limited, agreed to 1 billion Kenya shillings settlement for  atrocities ranging from killings, assault, rape, and other forms of sexual and gender-based violence committed by its guards. As if to confirm that colonialism never really ended, to date,  Kakuzi has failed and/or refused to resolve historical land injustices relating to the dispossession of land for more than 13 neighboring communities comprising of at least 3000 members.

Many corporations in Kenya with links to the United Kingdom, either through ownership or trade, have continued to wield huge economic and political power, oftentimes disenfranchising whole sections of communities.

In February this year, the British Broadcasting Corporation released an expose revealing that more than 70 women had been sexually abused by their farm managers in tea plantations operated by two British companies, Unilever and James Finlay. These women told the BBC they had been sexually abused by their supervisors. Secret filming showed local bosses, on plantations owned by Unilever and James Finlay & Co, pressuring an undercover reporter for sex[9]”.

This gross and systemic violation of human rights left some of the victims infected with HIV while in other cases, marriages were shattered. None of the women has been compensated for these egregious human rights violations, which are reminiscent to what happens in many other corporations, including floriculture farms exporting flowers to European countries, among them the UK.

In April this year, a man was killed, and another seriously injured in Ibis Farm, operated by British Flamingo Group. Flamingo is the world’s largest rose grower and top supplier of premium roses to supermarkets in the United Kingdom, including Tesco, Sainsbury’s, Morrisons, M & S, Waitrose and the Coop.

It is the failure by this very company to institute safety measures for transportation of workers that saw dozens of workers injured when a lorry they were being ferried in, fell over in December 2022. In total disregard to safety, workers are ferried around in buses and lorries that have no seats. An estimated 136 workers were involved in the lorry accident that left one dead. Justice has been elusive for the family of the worker who died and those that were injured.

This culture of corporate impunity is common among the many British and other foreign investments in Kenya.  We are currently documenting violations by other British, national and multinational actors.

1. Conservation, the Face of New Colonialism

Related to the above issues, interests and actors, is the question of conservation being supported by many international governments and agencies.  This goes back to the colonial and post-colonial private interests in land and land-based resources.

Current proposals by extremist conservationists to have a third of the Earth designated as protected areas for wildlife conservation which the Royal Family supports is having serious impacts on the lives and livelihoods of communities in Kenya. Communities are being disposed of their land by ‘conservationists’.

In what is reminiscent of the land alienation during the colonial period, illiterate community leaders are duped to sign agreements to relinquish community land traditionally used for grazing to establish military style conservancies and lodges for white tourists. Communities are fast losing vital grazing land in which they have harmoniously co-existed with wildlife for centuries before the arrival of the “white savior conservationist”.

These conservancies also engage in carbon trading without any real benefits trickling down to the communities. International media including the Financial Times and The Guardian as well as reputable environmental groups have exposed the fallacies of carbon credits and offsets. The loss of land and livelihoods and the negative impacts of climate change are causing serious challenges including conflict and migration.

KHRC, Human Rights Watch and Kenya Land Alliance are undertaking a study which would provide deeper findings and recommendations into these issues before December 2023.

1. The British Army Training Unit in Kenya (BATUK)

Kenya hosts British troops who utilize Kenya’s unique geographical features for training. However, instead of reciprocating the warm reception that The British Army training Unit in Kenya (BATUK) receives from Kenyans, the British troops continue to unleash terror on Kenyans.

In March 2012, a British soldier murdered Agnes Wanjiru, a 21-year-old mother and dumped her body into a septic tank at Lions Court Inn hotel in Nanyuki. By the time Wanjiru’s body was found, all the BATUK soldiers who had been at the hotel had returned to the UK. To date, the culprit has never been prosecuted.

In another incident in March 2021, BATUK soldiers deliberately caused a devastating fire at Lolldaiga wildlife conservancy from the use of white phosphorus. More than 10,000 acres of wildlife reserve were destroyed in the fire that caused massive pollution.

Due to the colonial and oppressive nature of the agreement signed between Britain and Kenya, British soldiers cannot be prosecuted for criminal acts in Kenya without agreement from Britain which is totally unacceptable.

3. RECOMMENDATIONS

In light of this, KHRC calls on the King and the British government to take substantial measures to redress these historical and current injustices and to ensure a more transparent, fair and just relationship between the People of Kenya and those of the United Kingdom. We urge the following actions:

1. Unconditional Public Apology and Official Acknowledgement of Wrongs

We concur with the guidance advanced by the International Centre for Transitional Justice(ICTJ) that:

When solemnly and unequivocally given, apologies convey a clear acknowledgement of the responsibility of the state and individuals not only for the harm done, but for the causes of the conflict or repression that led to those harms. In this way, they play an important role in giving meaning to reparations and promoting efforts to reform institutions and guarantee non-repetition.

It is on this basis we call upon the King on behalf of the British government to issue an unconditional and unequivocal public apology (as opposed to the very cautious, self-preserving and protective statements of regrets) for the brutal and inhuman treatment inflicted on Kenyan citizens during the entire colonial period-(from 1895 to 1963) and thereafter, to date. Such an apology is a critical step in acknowledging the pain and suffering of Kenyans.

The Kenya’s TJRC report had recommended that the British Government, the Kenyan President and  Chief Justice offer  public and unconditional apologies to the people of Kenya over the colonial and post-independence injustices[10]. As a result, Chief Justice Dr Willy Mutunga and President Uhuru Kenyatta complied with this in March 2015 where they issued requisite apologies [11].

Kenyatta made his apology during his annual State of the Nation speech on March 26 before a joint sitting of the National Assembly and Senate.  Mutunga made a general apology on March 7 during an event to commemorate the first political assassination in Kenya, the killing of socialist politician Pio Gama Pinto that remains unsolved.

To date, the British government is yet to meet this critical obligation save for the statements of regrets.  The maiden visit by the King provides an opportunity for this.

1. Documentation; Repatriation and Repository of Materials related to British Atrocities

We demand that the British government supports the civil society, victims and academic groups working on this to undertake a comprehensive mapping of all the existing information, adversely impacted groups and the harm suffered.  A lot of research and documentation has taken effect.

Repositories (both physical and virtual) should be established and supported to ensure that different information into this subject matter is secured and easily accessible.  The Mau Mau website and Foundation by the war veterans and being supported by KHRC and scheduled for launch on November 8, 2023 would be one of the crucial spaces.

We also demand that the British government repatriates all the declassified information touching on its rule in Kenya.  It is a pity KHRC and MMWVA had to buy lots of literature from London in the pursuit of the aforementioned case. Moreover, all the historical artifacts held in Britain should be brought back for safe custody at the new galleries at the Uhuru Gardens, the National Museums of Kenya among other sites.

In addition to this, it is time Britain brought back the skull of Koitalel Arap Samoei(just as Belgians have done with the tooth of Patrice Lumumba in DRC) and assisted in  the tracing of Dedan Kimathi’s burial site for decent sendoffs.

With respect to the historical land injustices, we request the British government to support the National Land Commission to carry out further investigations and analysis of all the legitimate claims. The Commission has said many times that it received many cases which require massive resources for the verification and actions to be accomplished from their side.

Finally,  the British government should implore its investors  holding massive and fallow lands in Kenya in the midst of many landless  and impoverished communities to surrender the same to the people and government of  Kenya  for settlement and development.

1. Adequate Reparations for all Victims

We further demand effective reparations for all the atrocities committed to the different groups in the country. This should be in line with the aforementioned UN Principles and Guidelines which provide supporting among others; adequate compensation, rehabilitation, satisfaction and guarantee of non-repetition.

We also demand adequate financial and technical support in the construction and maintenance of the requisite memorials. These are critical for communal and symbolic reparations as well as preservation of memories. The Mau Mau memorial at the Freedom Corner needs constant financial support from the British Embassy in Nairobi for maintenance and improvement[12].

To this extent, there should be a memorandum of understanding between KHRC (which has been using its limited resources to service the monument); British High Commission in Nairobi and the Government of Kenya (through the National Museums and County government) on this. There is also a need to have all these monuments gazetted by the government of Kenya.

Finally, the British government should consider a reparative development programme which provides special materials support for the people and regions that continue to suffer the long term and emerging effects of colonial policies and current investments by British corporates and citizens. As put in the TJRC report, such has led to systemic economic marginalization.

1. Human Rights Commitment and Compliance

We expect the King to express the British government’s commitment to human rights and the rule of law in its foreign policy and operations. This should ensure that its programmes and investments in Kenya and other regions will continue to be undertaken in full compliance with global human rights standards and principles.

In this regard, the British security operations and multinational corporations operating in Kenya must be held accountable for their actions and find amicable ways of co-existing with local communities. It is essential that corporations respect human rights, act responsibly, and contribute positively to the communities in which they operate. Compliance with the Constitution of Kenya and the National Act Plan on Business and Human Rights is central.

Moreover, the Royal Family must come clean on its involvement in conservation activities in Kenya. Conservation efforts in Kenya, while important, should not harm local communities and dispossess them from their land and livelihoods. The British Monarchy's involvement in conservation initiatives should ensure the protection of community rights and land ownership and not perpetuate further new models and forms of colonisation.

The British government must do more to combat climate and its catastrophic impacts. The British government must fulfill its obligations to combating climate change by cutting its emissions, providing resources for adaptation and loss and damage for frontline countries such as Kenya and ensuring fairness and justice in the carbon credit markets.

Finally, as many countries shift to economic priorities, there is a dire need to continue supporting good governance and human rights interventions (both within the civil society and government, especially the Constitutional Commissions and Independent Offices) while openly holding the State to account for its human rights transgressions.

1. Involvement of all the Victims Groups and other key actors

Due to the very diverse and complex nature of issues, survivors and actors involved, the  British High Commission must work with the necessary civil society and academic  groups to ensure that all the conversations and resolutions before, during and after the King’s visit are inclusive and conclusive.  Having worked with many impacted groups and concerned partners, we are yet to receive information on how these engagements are happening.

Finally, we recommend King Charles to visit some of the affected communities for firsthand engagements and experiences.  For the colonial, the Ngelani Community under the

Muindi Mbingu Foundation in Machakos county and Mau Mau groups in Kiambu or Nyeri counties would be illustrative.

For the post-colonial and corporate related injustices; the Kakuzi communities in Murang’a county and women workers within tea farms in Kericho county would offer great insights.  Within good time, the counties within Northern Kenya and part of the Coastal region would have provided depressing encounters of the endless effects of colonial marginalization and securitization.

IN CONCLUSION:

The KHRC is committed to fostering dialogue and civic engagement around these critical transitional justice and current issues. In the spirit of truth, reconciliation, and justice, we will continue undertaking advocacy initiatives on the British atrocities committed in Kenya and beyond.

We therefore call on the British government to effectively act on the above issues and recommendations, acknowledge its historical responsibilities and collaborate with Kenya to address these pressing concerns.

The government of Kenya must also meet its obligations to protect human rights for all people. Notably, the implementation for the TJRC report and the Constitution of Kenya are critical. This may explain why the TJRC report recommended that the Kenyan government considers entering negotiations with the British government with a view to seeking compensation for victims of atrocities and injustices committed during the colonial period by the agents of the colonial administration[13].

We hope President Ruto will prioritize this in his meetings with the visiting King.  We shall never relent until justice for all victims and families is fully served.

May Justice be our Shield and Defender. ALUTA CONTINUA.

SIGNED

Davis Malombe, Executive Director, KHRC.

Davinder Lamba, Chairperson of the Board, KHRC.

[1] https://www.gov.uk/government/news/statement-to-parliament-on-settlement-of-mau-mau-claims;

[2] https://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/454-mau-mau-case-dealing-with-past-colonial-injustices.html

[3] https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-and-guidelines-right-remedy-and-reparation#:~:text=(a)%20Equal%20and%20effective%20access,concerning%20violations%20and%20reparation%20mechanisms;

[4] This email address is being protected from spambots. You need JavaScript enabled to view it.|4451e285b28c4e6a28b108dbd605100d|b3fa4bb6819447a29d53ca99f217caa1|0|0|638339089457090217|Unknown|TWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0=|3000|||&sdata=+v9NDoAnq+8wqoKiSspowLcBdP8Q+Yk7ydrjuN0Oaus=&reserved=0">https://nation.africa/kenya/kenya-60/from-spies-to-field-marshals-celebrating-brave-women-of-kenya-s-independence-struggle-4268548

[5] REPORT OF THE TRUTH, JUSTICE AND RECONCILIATION COMMISSION IN KENYA,  Volume I-Nairobi, 2012;  page vii);

[6]https://www.google.com/search?q=TJRC+REPORTS+IN+KENYA&rlz=1C1GCEU_enKE1022KE1023&oq=TJRC+REPORTS+IN+KENYA&gs_lcrp=EgZjaHJvbWUyBggAEEUYOTIICAEQABgWGB4yCggCEAAYhgMYigUyCggDEAAYhgMYigUyCggEEAAYhgMYigXSAQg1MTc2ajBqN6gCALACAA&sourceid=chrome&ie=UTF-8;

[7] See “The Origins of the Land Question: Political Question” under Section 25 of the  Sessional Paper No. 3 of 2009 on  National Land Policy.

[8] Under international human rights law, victims of  gross violation of international human rights and humanitarian law (whether by states, corporates or individuals  have a right to remedy). See the  UN Basic Principles on the Right to Remedy….; UN Guiding Principles on Business and Human Rights among others.

[9] See “True cost of our tea: Sexual abuse on Kenyan tea farms revealed” in  https://www.bbc.com/news/uk-64662056;

[10] The British government was to apologize for all the injustices and gross human rights violations committed by the colonial administration between 1895 to 1963. In the context of our petition, this should be for all the violations committed from 1895 to date.  The Presidents apologies were for all the violations committed during the TJRC’s mandate (December 12, 1963 to February 28, 2008). The CJ’s was for the judiciary to apologize to the people of Kenya for failing to address impunity effectively and perform its role of deterrence against human rights violations committed over the same period between December 1963 to February 2008.  For details; see Truth, Justice and Reconciliation Commission Report; Kenya, 2012; p. 9

[11]This email address is being protected from spambots. You need JavaScript enabled to view it.|4451e285b28c4e6a28b108dbd605100d|b3fa4bb6819447a29d53ca99f217caa1|0|0|638339089456933974|Unknown|TWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0=|3000|||&sdata=jkkLpXV/K0EGp7lBYVJB6HzJLRsZ5JR4xhtbG8ymvKQ=&reserved=0">https://www.ijmonitor.org/2015/04/kenyan-president-and-chief-justice-apologize-for-past-injustices/; This email address is being protected from spambots. You need JavaScript enabled to view it.|4451e285b28c4e6a28b108dbd605100d|b3fa4bb6819447a29d53ca99f217caa1|0|0|638339089456933974|Unknown|TWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0=|3000|||&sdata=W/d1DSpNJ7IK/70JdmnEb3ttRSRqCFRw+eIHcNkwPjE=&reserved=0">https://www.ictj.org/news/kenyatta-apology-actions-needed

[12] It is important to indicate the funds allocated within the out of court settlement in London case were not adequate and KHRC had to put in more resources. Based on this, the actual costs incurred in this situation plus inflation can provide better basis for the future.

[13] Truth, Justice and Reconciliation Commission Report; Kenya, 2012; p. 9

These bonds included, among others, a debut US$2 billion Eurobond in 2014—the largest in SubSaharan Africa at the time—where, of the proceeds, US$600 million were used to repay a syndicated loan contracted in 2012. The remaining funds were to substitute for domestic financing of energy and infrastructure projects.

Through an access-to-information request, we asked Treasury CS to provide information on sovereign bond holding, treaties, contracts, and financing agreements the government had entered with other states, international financial institutions, and international corporations. The period covered the Jubilee regime's first and second terms, which witnessed the highest borrowing levels.

According to the report of the Auditor General on June 24, 2014, the money received from the sale of Kenya’s first international bond, Sh176 billion, was deposited in an offshore account, breaching the Constitution. Ever since, several bonds were issued, including a Sh60 billion infrastructure one in 2020.

When we made this request, a total of Sh128.6 billion (Sh1,285,720 million) was paid towards the domestic debt maturities in the financial year 2021/22. The payment of the principal of external debt amounted to Sh184 billion (Sh184,536 million), comprising bilateral, multilateral, and commercial loans.

Around that time, the Treasury’s annual public debt report for 2021-2022 showed Kenya’s major external creditors were the International Development Association, International Sovereign Bond Holders, and China. External debt service paid to multilateral creditors was Sh51 billion (Sh51,005 million), bilateral creditors Sh101.9 billion (Sh101,931 million), and commercial creditors Sh151.8 billion (Sh151,825 million).

Still, the government contracted 15 external loans in 2021-2022, with a value of Sh221.5 billion (Sh221,531 million). Eleven were multilateral lenders, and four were bilateral lenders.

Kenyans were only made aware of these substantial borrowings through media reports, despite them directly impacting their lives. The specifics of what these loans would do and how they would be repaid were not immediately clear.

Our request for information about the significant historical borrowings should have been straightforward, but it proved quite the opposite. Then Treasury CS, Ukur Yatani, was legally obligated to provide us with the requested information, according to the Public Finance Management Act and Procurement Act that demand proactive disclosure. However, he refused to disclose this crucial information, intensifying suspicions surrounding Kenya's agreements with foreign states and financial institutions.

Kenyans pay these debts through heavy taxation at a time when the cost of living is over the roof. But the lack of transparency leaves us in the dark about what exactly we are paying for.

On April 21, 2022, we filed suit against the National Treasury CS and the Attorney-General (AG). Our prayers were simple: let the CS show us the contracts of Kenya’s debt and sovereign bonds acquired in the last nine years. Failing to show us the contracts will mean that Kenyans will never know whether the Jubilee regime complied with the constitution in public borrowing.

On October 19, 2023, the court will commence proceedings to hear the case, marking a pivotal moment that could establish a significant precedent about the right to access information. It could also set precedence on accountability and transparency in public borrowing. We hope a decision on this case will be reached soon.

In our petition, we ask the court to compel the office of the CS of the National Treasury or any other responsible state and public office to give us the contracts for the bonds Kenya floated. Additionally, we seek the court's declaration that Yatani's refusal to provide the contracts constitutes a violation of the law and is, therefore, unconstitutional. This is based on the premise that every person has a fundamental right to access information held by the State.

The reason for disclosing information is to ensure Kenyans are well-informed about the government's actions. This information allows people to make informed decisions and participate effectively in public matters.

Ends…

Signed

• Kenya Human Rights Commission (KHRC)
• Wanjiru Gikonyo

Immediately after Ruto’s irregular and illegal directive, bulldozers descended on houses in Athi River on October 14. The demolitions and evictions occurred four days after the court said East African Portland Cement Company (EAPCC) owned the disputed land—and did not in any way approve evictions and demolitions. Hundreds of Kenyans wanted the court to validate their title deeds—but a decision was made in favor of EAPCC.

A case of Illegal, irregular, forceful, and arbitrary evictions

Kenya Human Rights Commission (KHRC) and Mazingira Institute (Mazingira) strongly condemn the ongoing eviction because of their illegal, irregular, forceful, and arbitrary nature. They contradict the international, regional, and national governance and human rights frameworks.

To begin with, 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. It must be in writing, in a national and official language, and be published in at least two daily newspapers of nationwide circulation. Eviction 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, was 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 the proper identification of those taking part in the eviction or demolitions;
2. be preceded by the presentation of 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 that there is no arbitrary deprivation of property or possessions as a result of 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; and
9. Give the affected persons the first priority to demolish and salvage their property.

However, what we have witnessed is a stark contradiction to these regulations. Evictions started merely four days following the court's verdict. This hasty action prompts the question: why the rush, especially when the EAPCC had a full 90 days to take appropriate measures per the law?

Irregular acquisition and subdivision

While there were irregularities over how the land was acquired, questions abound about how the parcel changed hands from EAPCC to private entities. This speaks of fraud within the land departments in the county and national government.

Our demands

We now demand:

1. The immediate halt to the ongoing demolitions and evictions in Athi River. The government must engage in a meaningful and compassionate dialogue with the affected residents.
2. The government must ensure that international human rights standards, including those related to forced evictions, are strictly adhered to during removals, respecting the dignity and well-being of all individuals and communities involved.
3. The government must provide humanitarian assistance, including shelter, food, and clothing, to the victims of these evictions, especially vulnerable groups such as women, children, and older people.
4. Authorities must investigate the circumstances surrounding these evictions and acquisitions, hold those responsible accountable,.
5. Ensure adequate psychosocial support and effective remedies for the victims.

Our immediate action is to go to court with a view to:

1. Hold perpetrators of these frauds and human rights violations to account.
2. Stop the evictions and seek remedies for the victims.

To this effect, we are calling upon and advancing partnerships with the impacted individuals and groups.

Signed:

1. Kenya Human Rights Commission (KHRC)
2. Mazingira Institute

As Kenyans continue to grapple with the burden of taxation, a sense of frustration and bewilderment prevails, and many are asking themselves: when will the cycle of ever-increasing taxation come to an end? The Kenya Kwanza government is considering more statutory deductions, taxes, and levies through the National Health Insurance Fund (NHIF) under the Social Health Insurance Bill, 2023. The proposal to have a mandatory 2.75 percent monthly contribution from employees' basic salaries for the health scheme is excessive and will further strain the taxpayer. Okoa Ochumi coalition survey, done between May 19 - June 6, showed 77 percent of Kenyans do not support the proposed NHIF deductions.

Furthermore, another proposal involves implementing an unemployment tax. Ikolomani MP Benard Shinali has introduced the Unemployment Insurance Bill, 2023, which suggests that employees contribute one percent of their income, with a corresponding one percent contribution from employers, directed towards the Unemployment Insurance Fund.

Don’t forget that the National Social Security Fund (NSSF) rose to Sh1,700 from Sh1,080 early this year.

And just in June, this regime introduced a 1.5 percent housing levy. Many of us recall how this administration initially presented this tax as a voluntary contribution scheme, where employees would contribute three percent to the housing fund, matched by an equal amount from their employers. The government assured Kenyans that after 15 years, we would own a home, and if we didn't wish to purchase a house, we could access our contributions after seven years. However, the government later reversed course without consultation, despite 92 percent of Kenyans rejecting the proposal, according to data from Okoa Ochumi. It transformed what was supposed to be a voluntary contribution into a mandatory tax begging whether Kenyans’ views matter in government decision-making processes.

Unprecedented taxes!

There is a pattern here: More taxation lurks in the shadows whenever President William Ruto initiates a financial action. Given the unmistakable track record of this administration's insatiable appetite for imposing overt and concealed levies, we are merely witnessing the tip of the iceberg, and without vigilance, a substantial portion, if not direct and covert taxes could siphon off the majority, of our earnings. For instance, we have increased rates on certain goods, exemptions for others, a zero rating for some supplies and a new deadline for remitting the tax. Notably, the government doubled the VAT on petroleum products from 8% to 16%. Also, the government is mulling over increasing VAT to 18% to align with other rates of countries within the East African Community (EAC) in the Draft Medium Term Debt Management Strategy for FY 2024/25 and 2026/27. Currently, super petrol retails at KES 211.64 per liter within Nairobi. A further increase in VAT to 18% will raise the price of the commodity to KES 215.87, considering the current EPRA-approved prices.

Stop double taxation!

Currently, Kenyans are facing the issue of double taxation due to recent changes in tax regulations. Starting from July 1, this government began imposing taxes on professional club entrance and subscription fees, which an employer pays on behalf of its employees. Fees are deducted when calculating taxable income. It has resulted in a situation where the employer and the employee are burdened with the tax, leading to double taxation.

Additionally, the Kenya Kwanza government has expanded the range of taxable supplies to include compensation for loss. Under the Finance Act, a standard VAT rate is applied to insurance compensation related to taxable supplies, even when the rightful owner had already deducted input tax while purchasing the lost supplies. Taxing insurance compensation, which replaces lost value after a damaging event, amounts to another instance of double taxation.

Another concern for Kenyan taxpayers is the risk of being taxed by county and national governments for the same income. For instance, Nairobi County has proposed a tax of Sh10,000 per month for vehicles up to seven tons carrying construction materials in and out of the capital. Similarly, starting from January 1, 2024, vans, pick-ups, trucks, prime movers, trailers, and lorries will be required to pay an advance tax of Sh2,500 per ton of loading capacity or Sh5,000 per year, whichever is higher, as specified by the Finance Act.

Blatant abuse of sovereignty of the people

Under Article 1 of the constitution, sovereignty belongs to the people, and as such, all these taxes cannot be implemented without meaningful public input. However, we are all too aware of the interference of public participation in Kenya. It often seems like a mere checkbox process influenced by politics, making it an unreliable safeguard against punitive laws. For instance, despite 970 out of 1,080 petitions (90%) opposing additional taxation through the Finance Bill of 2023, lawmakers aligned with the regime rammed it through. The president used strong-arm tactics; warning MPs allied to the Kenya Kwanza political wing not to oppose the bill. Recently, the Senate and National Assembly allocated a few days for public participation in health-related bills, which was insufficient for the public to give meaningful input. Unfortunately, scenarios of this nature have become a trend, thus subverting the will of the people.

We need a national tax policy

The regime’s ability to impose excessive taxation has been facilitated by Kenya's absence of a comprehensive national tax policy, which would provide a systematic framework for developing and implementing tax-related laws, regulations, and guidelines. Currently, our tax system lacks predictability, which poses difficulties for both individuals and businesses, as it heavily relies on financial legislation introduced annually. To effectively tax sectors that are traditionally challenging to regulate, such as agriculture, the informal economy, and online businesses, there must be a well-defined framework to steer the taxation process.

More proposals

Instead of burdening Kenyans with punitive taxes, the government SHOULD broaden the tax base by focusing on previously untapped revenue sources that have a less detrimental impact on economic growth. One unexplored source in Kenya is the property taxes, which can be feasibly enforced. For instance, by updating the property valuation roll in Nairobi City County, it is anticipated that property tax collections will more than double the current rate of 36 percent.

The government MUST also address tax evasion by high-net-worth people, which reduces the tax base. This can be achieved by enacting appropriate legislation regarding cross-border transactions and financial transparency. It is estimated that the government has been losing an average of Sh40 billion annually due to illicit financial flows since 2011.

Additionally, tackling specific challenges in tax administration and enhancing efficiency and effectiveness necessitates digitization. Kenya can take a cue from Rwanda's experience, where an electronic billing system has nearly doubled Value Addition Tax (VAT) collections. Rwanda's electronic billing system provides real-time data and increasingly covers the informal sector, making tax collection more efficient.

Lastly, the government MUST urgently combat corruption and the misuse of public funds. Resources should be allocated to sectors that promise high returns, promote sustainable development, and enhance the welfare of citizens.

Signed by Okoa Uchumi members:

1. Kenya Human Rights Commission
2. Twaweza East Africa
3. Christian Aid
4. Transparency International-Kenya
5. Amnesty International
6. Centre for Fiscal Affairs
7. REMUSI Housing Cooperative Society
8. National Taxpayers Association
9. The Institute for Social Accountability
10. Social Justice Centre

We civil society members under the umbrella of the Civic Freedoms Forum, note with concern the harassment of journalists by a police officer witnessed yesterday while the journalists covered the demonstrations held by Langata Cemetery workers. In a video clip, the unidentified officer is witnessed pushing journalists who were recording the police as they lobbed tear gas to peaceful protesters. This happened just a few days after a similar attack on three journalists covering a police raid at a suspected chang’aa den in Katine village, Matungulu Sub-County in Machakos County.

This is part of a worrying trend which has been building up since in November 2022 when Nation Media Group journalist Mr Mwangi Muiruri, was attacked by plain clothes policemen attached to the office of Kenya’s second lady on November 24, 2022, in Muranga County. During the demonstrations in March and July this year, journalists from Citizen Tv and international media covering demos in Kibra, Nairobi, were attacked and robbed by a knife-wielding gang. In Mathare, two Africa Uncensored journalists were arrested by police. In the Nairobi CBD, NTV journalist reported that police demanded deletion of photos taken and destroyed the reporters’ press card.

Attacks on journalists are crimes that go against the journalists' rights and privileges protected by law under the Constitution and the Media Council Act, 2013. The right is also guaranteed under regional and international human rights instruments ratified by Kenya, including, Article 9 of the African Charter on Human and Peoples Rights (Banjul Charter) and Article 19 of the International Covenant on Civil and Political Rights.

We, condemn, in the strongest terms possible, the actions of the police officers involved; first for harassing journalists and second, for lobbing teargas at peaceful protesters and mourners at the cemetery. Journalists have a professional duty to report the truth as it happens. They also have the right to enjoy media freedom in the course of their work.

We, therefore, call upon the Government and particularly the Inspector General of Police and all police officers to:

• Respect media freedom and desist from the continued intimidation and harassment of journalists in their line of duty.
• Respect the freedoms of assembly, association, protest and picketing as enshrined in Article 37 of the Constitution, and desist from disrupting peaceful protests by lobbing teargas at peaceful protesters.
• IPOA and the Internal Affairs Unit to investigate this and similar incidents and hold the officers accountable.

Signed by:

1. Kenya Human Rights Commission - KHRC
2. Independent Medico Legal Unit - IMLU
3. ARTICLE 19 Eastern Africa
4. Muslims for Human Rights - MUHURI
5. Defenders Coalition
6. Constitution and Reform Education Consortium - CRECO
7. Partnerships 4 Empowerment & Networking in Kenya  – PEN Kenya
8. Initiative for Inclusive Empowerment - IIE
9. InformAction
10. Inuka Kenya Ni Sisi!

The petition has centered on the aftermath of the 2017 presidential election, during which police employed brutal and deadly force to suppress dissent, resulting in 33 fatalities in the capital. Koome was the Nairobi Police Commander at the time.

On August 11, the former chairman of the Independent Electoral and Boundaries Commission (IEBC), Wafula Chebukati, declared Uhuru Kenyatta as the victor in the presidential poll.

Chebukati's announcement triggered protests across Kenya, particularly in Opposition strongholds, as residents cited vote rigging. It didn't take long before the police responded with firearms, batons, tear gas, and water cannons, resulting in the tragic loss of dozens of Kenyan lives. Nairobi was severely hit, with a total of 33 deaths reported.

As stated in the petition, government pathologists confirmed the deceased succumbed to gunshot wounds. However, the suit affirms that not all the dead were present on the streets; some were sadly killed in their homes and businesses.

Besides Koome, the petitioners sued the Independent Policing Oversight Authority (IPOA) and the Attorney-General (AG). The interested parties in the case include the Director of Public Prosecution (DPP), the Kenya National Commission on Human Rights (KNCHR), and the Independent Medico-Legal Unit (IMLU). The case will be mentioned on September 28.

Human rights violations

Due to the human rights violations, Khalifa, on January 24, 2023, sent a letter to IPOA requesting information about the agency's actions following the 2017 police killings. Per the petition, IPOA delayed its response until April 12, when they replied that they were investigating only 15 cases, not all 33. However, IPOA did not disclose the status of the investigations or provide reasons for not probing the remaining 18 deaths.

Furthermore, on July 26, 2023, Khalifa wrote to Koome inquiring about the progress of the investigation into the police killings of the remaining 18 people. Like IPOA, Koome delayed his response up to August 15. According to the petition, Koome declined to furnish details of the investigation and redirected Khalifa to seek answers from IPOA.

Due to this lack of transparency, which hampers access to justice for the victims of police killings, KHRC, MUHURI, and Khelef have initiated legal action to obtain these records from IPOA and the Inspector-General. Getting the investigation report into police killings is crucial for identifying and holding the officers accountable for these deaths.

Read the petition here.

Signed:

• Kenya Human Rights Commission
• MUHURI

Corruption 

Leading up to the 2022 general elections, the Ethics and Anti-Corruption Commission (EACC) publicly identified 245 potential candidates with pending graft cases. With Ruto being sworn in as president, the Office of the Director of Public Prosecution (ODPP) withdrew the cases for the people who the regime wanted to appoint to office. The ODPP provided an implausible explanation, asserting lack of evidence to pursue these cases. The regime promptly appointed these individuals to the government, a stark contradiction to the pledge to uphold the rule of law. Corruption remains at the core of this administration's operations. Reports have also emerged indicating that the government has incurred massive financial losses amounting to billions of shillings through various scandals, spanning from the National Insurance Health Fund to the Kenya Medical Supplies Agency (KEMSA). 

Capture of Independent Offices 

Kenya Kwanza promised to institutionalize political parties and depersonalize and depoliticize state institutions including state institutions. The regime has an insatiable appetite to capture political parties and independent commissions and offices contrary to Article 250 of the Constitution. A case in point is the president's on the role of the National Land Commission (NLC) on valuation and compulsory acquisition of land contrary to the provisions of the Constitution and the Land Act 2012. The regime interfered with the appointment of the Inspector General of Police (IG), the Directorate of Criminal Investigation (DCI) and created many illegal offices. 

National Unity – Country of shareholders? 

The president, his deputy and other key officers are taking irresponsible actions and using illiberal language in clear breach of Article 10 of the Constitution. The assertion that Kenya operates as a country of shareholders, which is in violation of Articles 4 and 27 of the Constitution, has increasingly led to divisions along ethnic and regional lines. This is an entrenchment of the language of exclusion in public service delivery. The appointments to public offices are clearly skewed into ethnic hegemonies. This has further evidenced the extent to which independent commissions like the National Cohesion and Integration Commission (NCIC) have been weakened and have shied away from condemning such actions. This threatens the much-sought nationhood anticipated in Article 10 of the Constitution on national values and principles of governance.  

Uncontrollable public debt 

Kenya Kwanza committed not to borrow more and burden Kenyans with extra debt. As of September 2022, Kenya's public debt reached Sh8.7 trillion, equivalent to about 69.4 percent of the GDP. In just the first seven months of the current government's tenure, the public debt ballooned to Sh9.63 trillion, comprising Sh4.54 trillion in domestic debt and Sh5.09 trillion in external debt. These figures reflect a total borrowing of Sh933 billion, with Sh176 billion sourced domestically and Sh757 billion externally under the Kenya Kwanza administration.  

The high cost of living has burdened Kenyans, and the regime promised to implement measures to alleviate their suffering. The cost of food and other basic needs has skyrocketed, and the regime continues to use the language of tokenism to appease hungry and angry citizens. The regime does not want to subsidize goods and services to Kenyans living in abject poverty.  Instead, the Treasury introduced provisions like the Finance Act of 2023, which imposed additional taxes on Kenyan citizens, further exacerbating their financial hardships. The government is likely to increase more taxation avenues for Kenyans.  

Many state-owned enterprises continue to grapple with financial distress and poor governance, forcing the government to provide substantial bailouts. This has severely eroded public trust in entities like Kenya Power, amongst others. Additionally, there is growing concern among Kenyans about the escalating public wage bill, which consumes a staggering 69.3 percent of the government's expenditure in the fiscal budget for 2023/2024, leaving only a meager portion for critical development projects. 

Police Brutality 

Civil society documented over 75 cases of extrajudicial killings and enforced disappearances between March and August 2023. Shockingly, police killings have become normalized in this administration, with President Ruto publicly endorsing these extrajudicial executions, commending the officers responsible for their actions. The utterances of the President, especially the infamous “mambo ni matatu” (you have three options) phrase, is a confirmation of the regime’s hand in perpetuating police brutality.

After swearing in, the President condemned extra judicial executions and promised to put a stop to police killings and institute public inquiry. It is becoming apparent that there has been a reconstitution of a police killer squad that has been targeting innocent Kenyans. The deployment of police to suppress protests was perceived as an endorsement by the political leadership to employ excessive force, including injuring and killing protesters. These constraints undermine the very principles of democracy and hinder the free exchange of ideas essential for a vibrant and progressive society. 

Freedom of Media 

Article 34 of the Constitution safeguards press freedom, yet this regime, following in the footsteps of its predecessor, has consistently infringed upon it. Since September 2022, the government has repeatedly disregarded this constitutional provision by subjecting the media to physical and verbal attacks, harassment, and intimidation during public protests, including in protected spaces like the courts. Police have tear-gassed journalists, leading to physical injuries and fostering an atmosphere of self-censorship that hampers reporting critical and sensitive issues. 

The assault on the media is not the culmination of this administration's actions; it has now extended to weaponizing the criminal justice system. President Ruto has adopted a notably more aggressive strategy, resorting to threats against suspects and exerting pressure on litigants to withdraw cases from the courts. Recently, Ruto issued a stark ultimatum to individuals he labeled "cartels," presenting them with three options: leave the country, face imprisonment, or embark on what he metaphorically described as a journey to heaven, in other words, a death wish. 

Stifling devolution 

Ruto's administration opted to allocate a reduced sum of Sh385.4 billion as shareable revenue to counties, a departure from the Commission of Revenue Allocation's (CRA) recommended figure of Sh407 billion. This decision raises concerns about the government's commitment to devolution and the equitable distribution of resources. While the allocated amount represented an increase compared to the previous budget, Parliament failed to provide a clear rationale for deviating from the CRA's recommended formula. By allotting less than the recommended amount, the government's choice contradicts its constitutional duty to ensure access to essential services, including healthcare, education, and water, as outlined in Article 43 of the Constitution, at the county level. This shortfall in funding hampers citizens' access to these fundamental rights, potentially exacerbating poverty and inequality. 

Education 

The public education system is on the brink of collapse. The much-hyped presidential working party reform initiative that was to help fix the problems in education has instead exacerbated the problem from basic education to tertiary level. The right to education as articulated in Articles 43 and 53 has been turned on its head. The curriculum review process is haphazard, the infrastructure development is lopsided, and financing is wanting. The higher education financing framework is a tool to block the children from poor families from accessing tertiary education.

Land and Natural Resources 

The national land management information system continues to be a mirage shrouded in secrecy – for example in Isiolo, the Ngaremara. The implementation of the Community Land Act has hit a snag and there is an aggressive annexation of community land for mega projects. There are increased cases of forced evictions for communities and there is no mechanism for resolution of historical land injustices as required by the Constitution and land laws. The statements lifting ban on logging and comments that seem to reinstate the shamba system are antithetical to the constitutional principles around forestation and conservation, and goes against Kenya’s commitment to combat climate change.

Youth 

In this regime, youth have been victims of multiple exclusion, receiving a piece of governance misfortune daily – from unemployment, police brutality, increasing cost of living to uncertainty with regard to what the future holds. The youth find themselves suffering perpetual depression. 

Civic Space  

Kenya Kwanza regime promised in their plan to commence the Public Benefit Organization (PBO) Act immediately on ascendancy to office. Contrary to this, they have purported to issue a letter to all NGOs in Kenya requiring them to align their programming and activities to their bottom-up agenda. This directive is unconstitutional and uncalled for and negates democratic principles and ideals. Human rights defenders have been unjustly targeted through threats, profiling, arbitrary arrests, and killings in an attempt to curtail their civic freedom and stop them from doing their work. 

Signed:

1. Kenya Human Rights Commission (KHRC) 
2. Katiba Institute 
3. Transparency International – KE  
4. ICJ Kenya 
5. Defenders Coalition 
6. CRECO 
7. Kenya Land Alliance 
8. Elimu Bora Working Group 
9. Inuka Kenya Ni Sisi! 
10. Siasa Place 
11. Social Justice Working Group 
12. The Institute of Social Accountability - TISA 
13. Informaction 
14. Pamoja Trust 

Kenya's apex court today reaffirmed that the National Gay and Lesbian Human Rights Commission (NGLHRC) has the registration right.

Ten years ago, Kenya's NGO coordination board refused to register NGLHRC, falsely claiming they "promoted same-sex conduct."

But in February this year, the Supreme Court said the board was wrong to stop NGLHRC's registration, allowing formal organization recognition.

The opponents of the ruling filed for review of the court's judgment. The judges issued their verdict today, reaffirming what we all know: The right to association and freedom from discrimination cannot be restricted.

Everyone's rights must be honored no matter who they are or who they love.

The NGO board was wrong all those years and will remain so.

While we celebrate this victory, the journey towards a truly inclusive society is far from over. LGBTQI+ individuals still confront violence and discrimination, serving as a stark reminder that the fight for equality endures.

The Kenya Human Rights Commission (KHRC) will not stop defending everyone's rights, regardless of their sexual orientation or gender identity.

We will keep pushing until LGBTQI+ persons can enjoy all their rights, free from discrimination and violence.

In recent days, Kenyans have been treated to news of human rights violations, fraud and corruption by the Firstchoice Recruitment agency-whose founder and director - Judy Jepchirchir is still at large. First Choice is reported to have swiftly defrauded unsuspecting Kenyans of their hard-earned money under the guise of finding/connecting them to job opportunities in the middle east, in particular Qatar, during the 2022 FIFA World Cup.

We note with concern that over 1000 job seekers fell prey to this scam with the amounts lost by victims ranging between Kshs. 40,000- Kshs.650,000. It is outrageous that, Judy Jepchirchir abused the trust of youth in her own backyard in Eldoret, Uasin Gishu County and is on record threatening her victims and bragging about connections with key political figures in the country, an action that points to deliberate attempt to evade accountability. And as if to shove this in the faces of those she has preyed on, Jepchirchir has failed to honour summons by the Senate, a record three times, which begs the question ‘who is protecting Jepchirchir?’ This scandal highlights a troubling trend of heightened impunity and corruption within Kenya's recruitment industry.

It is unfortunate that fraudsters such as the Firstchoice Recruitment agency are taking advantage of the high unemployment rate in the country to defraud millions of desperate unemployed youth seeking job opportunities beyond the Kenyan borders.  Further, such occurrence not only jeopardizes the livelihoods of job seekers but also erodes the trust that the public should have in recruitment agencies to facilitate fair and honest employment opportunities.

In addition, the exploitation by Firstchoice Recruitment agency is contrary to the spirit and letter of the Constitution, labour laws and infringe on the economic and social rights of the affected Kenyans. Section 9(2)(3) of the Labour Institutions (Private Employment Agencies) Regulations of 20I6, provides procedure to be followed by the registered agencies during recruitment including job specification / description and the number of positions available— a procedure which KHRC notes with concern was disregarded by Firstchoice recruitment agency. Jepchirchir’s actions amount to fraud. In Criminal Appeal No E025 of 2021, fraud is a common law tort of deceit whose ingredients are false representation of a false fact with the intention that the other party should act on it and that party suffers damage which is the case in this matter.  necessitating the utmost attention, as they have resulted in the defrauding of numerous Kenyan citizens.

CALL TO ACTION

• The conduct of Firstchoice recruitment agency is CRIMINAL and should be treated as such. We therefore demand that those responsible be brought to justice and that measures be put in place to prevent such incidents from recurring in the future.
• The Senate Labour and Social Welfare Committee expedite investigations into the unfolding scandal by Firstchoice recruitment agency to advise on the next steps including underscoring the critical need for a comprehensive examination of the industry practices.
• The National Employment Authority (NEA), which is mandated to take the necessary steps to protect the unemployed against any form of abuse or exploitation, must wake up and live up to this mandate. NEA must move with speed and collaborate with other relevant government agencies to ensure the young people who have been exploited by Jepchirchir get justice which should include full and speedy compensation.

In conclusion, this fraudulent case is a clear depiction of the rot, murk and high-level corruption that define most employment agencies in Kenya. These agencies operate with reckless abandon, sending people to death traps in the Middle East, in the name of securing them jobs and yet no accountability is realized. NEA must see this as a reminder that vigilance and accountability are essential in maintaining the integrity of Kenya's job market. It is imperative that the authorities take swift and decisive action to address these allegations and restore trust in the recruitment industry.

Signed:

• Kenya Human Rights Commission