It is therefore very disappointing and discouraging for Kenyans to hear the President make statements that amount to cold-hearted threats if the so called ‘cartels’ would not withraw the court cases involving Mumias Sugar Company. We condemn the utterances which amounts to contravention of the constitutional rights under Article 48 of the Constitution of Kenya and other international treaties. We are concerned that threats to the Indian investors to leave the country are not far from those of the former President of Uganda, Idi Amin, over five decades ago which led to actual eviction of businessmen of Indian decent from Uganda.

These statements would also make Kenyans to believe that the abduction of Rai a few days ago could be connected to the rising cases of forceful, and illegal abductions by the ununiformed police officers. The civil society organisations are deeply concerned that these threats by the Executive will eventually compromise the independence of the Judiciary as well as continue the punitive transfer of judges and magistrates who rule against the interest of government as we have seen in the past. While the President continue to assure Kenyans that the rule of law will prevail, it is becoming obvious that he has no interest in upholding the same.

We, therefore, Urge the President to apologize to Kenyans for making such callous remarks against the business community and to an extent those of Indian decent. Remind the President to fulfil the following as promised in the Kenya Kwanza Manifesto:

• Establishing a Special Tribunal for Gross Human Rights Violations and Enforced Disappearances
• Ratifying and domesticating the International Convention for the Protection of All Persons from Enforced Disappearances.
• Ensuring equal protection for all under the law
• Ending police abuse, especially against urban youth, through enhancing police oversight (IPOA and NPSC) and creating an ombudsman to monitor human rights violations.
• Ending all forms of extra-judicial executions by security services
• Restoring the public interest where it has been lost as a result of the executive’s disregard for court orders and the rule of law

Signed

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

The President's hurried and premature roll-out transferred the responsibility of providing education from the state to the parents, many of whom are struggling to keep their children in school. 

There must be clarity about selecting universities and Technical and Vocational Education and Training (TVET) courses. Eligible students face prolonged university and college placement delays due to a lack of clear instructions from Kenya Universities and Colleges Central Placement Services (KUCCPS). 

Currently, university and TVET courses are associated with higher fees than expected. Previously, government-supported students would pay Sh16,000 per annum for similar classes—and get a loan of up to Sh60,000 yearly. But now they have to part with an average Sh650,000 per annum, all without scholarships. The implication has been students dropping out or avoiding selecting the courses altogether. 

Additionally, the criteria used to qualify a study for government support still need to be determined. Knowing which student is vulnerable, very needy, needy, and less needy is challenging, yet these are the government's yardstick in assessing the level of support it will offer students. 

Due to technical glitches, only 30 percent of eligible students applied for government scholarships and loans through the Higher Education Fund and Higher Education Loans Board (HELB). The situation has left most students unable to apply for funding and likely locked out of higher education. 

Devastatingly, the Ruto regime's system has frustrated brilliant students under 18 from receiving education loans due to their legal status as minors. Before, these students would have easily used their parents' details to get the money. 

Furthermore, fresh students encountered challenges with registration fees, accommodation, catering, scholarship materials, and medical security during the reporting and registration phase. The lack of implementable guidelines contributed to this situation. 

The Elimu Bora Working Group (EBWG) calls for halting the ill-conceived funding model. We want the country to return to the previous model for continuing and new students and eventually eliminate tuition fees. EBWG wants the government to ensure unhindered university and TVET entry for qualified students and waive registration fees. 

Signatories 

1. Kenya Human Rights Commission (KHRC) 
2. Uraia Trust 
3. Elimu Tuitakayo 
4. Constitution Reforms Education Consortium (CRECO) 
5. Social Justice Centre Working Group (SJCWG) 
6. National Students Caucus 
7. Kenya National Interface Team (KNIT) 
8. Youth Agenda 
9. Universities Academic Staff Union (UASU) 
10. Centre for Education Policy and Climate Justice (CEPCJ) 
11. Association of Parents with Children with Special Needs 
12. Education for Africa (EFACO) 

The Petitioner, Ben Ndolo, claims that content on TikTok is inappropriate as it “promotes violence, explicit sexual content, hate speech, vulgar language, and offensive behaviour which is a serious threat to the cultural and religious values of Kenya”. The petition further avers that the platform is not regulated by the Communications Authority leading to the failure to remove inappropriate and offensive content. It also cites TikTok for violating privacy rights of children and its users, and sharing people’s data with third parties without consent. Moreover, it states that the app is addictive and could lead to mental health issues such as anxiety and sleep deprivation.

Social media platforms, including TikTok, have emerged as spaces for creative expression, entertainment, information sharing, social interaction, public participation, awareness raising, education, and engagement on a wide range of issues. Platforms in this time and age have also become an alternative source of relevant and credible news and information not covered by traditional or mainstream media, a notice board for ongoing events, including for government bodies, and the new digital public square for discourse, engagement and the exercise of democratic rights.

While social media platforms have played an important role in the realisation of rights – including freedom of expression and access to information – the proliferation of harmful content on the platforms has had severe human rights impacts, particularly during times of crisis, such as in Ethiopia. Platforms and companies hosting social media platforms therefore have a responsibility to put in place measures to identify and to address risks presented by  harmful online content that can contribute to societal harm; and lawmakers have a responsibility to protect users from harm while also upholding free expression and other fundamental rights.

In 2022, the #KeepItOn campaign against internet shutdowns documented platform blocks or bans in 23 countries. Many of those governments imposed the platform blocks under the justification that the platform had failed to properly moderate harmful content. These blocks severely undermine freedom of expression and access to information, and yet there is no evidence that they meaningfully reduced the proliferation of harmful content or kept people safe. One such example includes Nigeria’s Twitter ban, which the ECOWAS court ruled unlawful. Importantly, Kenyan authorities have not taken the bait on this blunt force approach, including when authorities publicly declined to block access to Facebook during the 2022 election period.

Such a ban would, therefore, stifle the rights to freedom of expression, access to information, freedom of association and assembly and political participation. It would also adversely affect the economic rights of Kenyans, and hinder the country’s progress towards a more open and inclusive digital society.  While these rights are not absolute, any limitation of them should satisfy the three-part test of proportionality, necessity and legality. It goes without saying that a total ban would not satisfy these principles. Several members of parliament have also noted the disproportionality of the petition’s prayers.

Kenya has a robust policy, legal, institutional, and regulatory framework for the ICT sector. While there is room for debate on how these frameworks can be further strengthened to tackle harmful online content,  experts have warned that over-regulation of content moderation by states – including full banning of platforms – can lead to the suppression of legitimate discourse and dissent. Overreaching regulation of social media platforms can also lead to market uncertainty with destabilising impacts on people in the most vulnerable economic sectors. And where regulations rely on broad and subjective legal definitions (e.g. targeting of  “inappropriate or offensive” content), it often results in arbitrary enforcement and abuse by  authorities.

We call upon the Public Petitions Committee and the National Assembly to:

• Reject the proposal to ban TikTok or any other social media platform in Kenya.
• Adopt a holistic and human rights-based approach in line with constitutional and international human rights standards to ensure the protection of citizens’ fundamental rights while addressing legitimate concerns surrounding social media use.
• Engage in open and inclusive multi stakeholder dialogue with all relevant stakeholders (including academia, civil society, tech companies, government, and media) to develop effective and evidence-based approaches to address concerns surrounding social media platforms.
• Promote media information literacy and digital literacy programmes to educate citizens, with digital skills to harness online opportunities, be responsible digital citizens, enjoy their digital rights, and ensure their online safety.

We call upon TikTok to:

• Invest in adequate administrative, human, technical and financial resources in content moderation to ensure their policies, processes, structures and practices are rights-respecting, context- and culture-sensitive, efficient and effective, particularly in their non-English speaking and global majority markets.
• In alignment with the UN Guiding Principles on Business and Human Rights (UNPGs), provide periodic public reporting on progress toward the adoption and implementation of the above measures.
• Engage and collaborate with stakeholders – including academia, civil society, government, independent experts and media – in a meaningful way to get insights to ensure platform policies and enforcement practices are responsive, proportionate and consistent with human rights standards and best practices.
• Streamline transparency and accountability mechanisms, including by providing regular and comprehensive transparency reports with disaggregated data by country of the content removed from their platform and insights on how content is reviewed, flagged and removed. Such regular transparency reporting is already a de-facto standard for the tech sector in general.
• Empower users to protect themselves from harmful content, including by adopting simplified community guidelines or standards; ensuring mechanisms for reporting harmful content and abuse are efficient and user-friendly; implementing effective remedial mechanisms for users; educating users about the risks of harmful content; providing tools and options to users to manage their online experiences such as, age and content filters; and engaging in educational campaigns to promote safe and responsible platform usage and digital literacy.
• Apply principles of transparency, confidentiality, purpose limitation and data minimization to their data practices, to ensure  that users have adequate knowledge and autonomy over the processing of their data.

Signatories

Access Now

ARTICLE 19 Eastern Africa

Bloggers Association of Kenya (BAKE)

KICTANet

galck+

Haki na Sheria

Kenya Human Rights Commission (KHRC)

Paradigm Initiative

The Law Society of Kenya, Amnesty International Kenya, Kenya Human Rights Commission and HAKI Africa note with deep concern the public statements made by the President of the Republic of Kenya H.E. Dr. William Ruto, issuing a warning to all those who have filed cases in Court over ownership and control of Mumias Sugar Company, to withdraw the said cases and gave them the following options;

1. Wahame Kenya, ama
2. Nitawaweka jela, ama
3. Wasafiri waende mbinguni.

The words, taken in their literal sense, constitute a threat to persons who are currently involved in court cases over the ownership and control of Mumias Sugar Company. The strong warning comes against the backdrop of the reported abduction and subsequent release of Mr. Jaswant Singh Rai, one of the parties involved in a court dispute over Mumias Sugar Company. While the circumstances of his public abduction remain unknown, such statements lend credence to reports that his abduction must be related to the issues surrounding Mumias Sugar Company.

The unfortunate statement by the Head of State calls into question the Government’s commitment to upholding the right to life and protection of persons against cruel and inhumane treatment, as well as the right to equal treatment before the law and the right to live anywhere in the Republic of Kenya, and to own property. These rights are guaranteed to every person by the Constitution and cannot be taken away unless decreed by the laws of this Country. It is regrettable that His Excellency, the President’s utterances seem to suggest that he can disregard constitutionally guaranteed rights at whim.

The Constitution of Kenya guarantees every person the right to access courts and the right to have every dispute determined in accordance with the laws of the land. The declaration by the President, therefore, appears to suspend the Constitution and substitute the rule of law with the rule and wishes of the Executive. This is clearly unconstitutional and an attempt to return the Country to the dark days of a repressive regime that violated the human rights and freedom of the people of Kenya.

Human Rights Organisations are deeply concerned with the statements as they are consistent with a growing culture of impunity, as demonstrated by the increased misuse of police power during the last riots and cases of police being used to aid and abet land grabbing. The statements also undermine the authority of the Court and signal a departure from the use of legitimate dispute resolution mechanisms in favour of abrogation of constitutional rights, threats and intimidation.

For several years, professional organisations, media houses, religious leaders, human rights organisations, and oversight state agencies have demanded an end to extra-judicial killings and enforced disappearances. We have campaigned for police officers to be held accountable for enforced disappearances of Indian nationals Zulfiqar Khan, Zaid Kidwai and Kenyan driver Nicodemus Mwania, as well as 39-year-old Ethiopian businessman and Kenya resident Samson Tecklemichael, abducted in broad daylight on 19 November 2021. Over the last three years, over 150 families continue to grieve over the loss of their loved ones, who have disappeared or died in police custody.

The Law Society of Kenya is apprehensive that Advocates will be the next target in an attempt to intimidate those who are representing the various parties in Court disputes over Mumias Sugar Company. The Law Society of Kenya is also aware of the plans to cripple its operations through unwarranted tax audits and investigations by the Kenya Revenue Authority. The Society remains resolutely steadfast in upholding the Rule of Law and will take all reasonable measures to challenge any steps taken to intimidate advocates or the Society from discharging its mandate.

We urge His Excellency, the President, to retrace his steps and reverse the growing culture of impunity and misuse of state raw power. We remind the President that, indeed, he was the subject of such schemes and hence the need to return to the path of the Rule of Law and upholding the Constitution, as this is the only safe route to building our Country and keeping everyone safe.

We urge members of the Law Society of Kenya and other Human Rights Organisations to remain steadfast in the defence of the Constitution and the Rule of Law in tribute and respect to those who fought for the liberation we currently enjoy through their blood and lives. We implore on the religious leaders and all Kenyans of goodwill to come out and condemn the attempts to return our Country to the dark ages and departure from the rule of law.

Human Rights Organisations present, reiterate the need for the Government of Kenya to respect the Rule of Law and the Constitution. We take the opportunity to remind the State of the urgent need to accelerate the ratification and domestication of the United Nations International Convention for the Protection of All Persons from Enforced Disappearances.

Kenya must take its rightful place within the community of nations as a Country that respects its law and is governed on the basis of respect for the universal fundamental rights and freedoms.

Signed:

Law Society of Kenya, President Eric Theuri

Amnesty International Kenya, Executive Director Irungu Houghton

Haki Africa, Executive Director Hussein Halid

Kenya Human Rights Commission, Executive Director Davis Malombe

And it is not him alone.

"Senior state officials" will not be prosecuted for similar violations until they leave office.

The term "senior state officials" remains undefined, leading to ambiguity and the potential for exploitation of this provision.

Ruto's signature allows for the ratification of the Malabo Protocol and the submission of the corresponding instruments to the African Union Commission. These steps are mandated to be completed within the next three months, setting an impending deadline of October.

Kenya will ratify the protocol in September, Ruto has announced, underscoring the swift way this regime is pushing forward with a law that further solidifies impunity within the country. The African Union (AU) adopted the Malabo Protocol in 2014 with the optimistic aim of introducing a regional accountability mechanism and reinforcing the concept of "African solutions for African problems". Regrettably, the current scenario seems to be contradictory, as the protocol appears to be facilitating the consolidation of impunity among authoritarian leaders.

The Kenya Human Rights Commission (KHRC) and Muslims for Human Rights (MUHURI) express profound concern over President Ruto's action. This decision has ignited significant apprehension regarding its likely ramifications for the quest for justice on behalf of victims and survivors of international crimes within Kenya. Sadly, it is these individuals who stand to be most adversely affected. KHRC and MUHURI firmly believes that Ruto's choice is unmistakably aimed at undermining the fundamental right to seek redress and reparations for these victims.

The aftermath of Ruto's indictment alongside five others by the International Criminal Court (ICC) for their alleged roles in the 2007 post-poll violence serves as a stark reminder. The cases crumbled due to the absence of crucial evidence, attributed to Kenya's failure to provide it. Ponder the potential consequences if a scenario arises where the President and "senior government officials" are shielded from prosecution during their terms. This situation could prove highly challenging for investigations and the establishment of accountability, rendering the task exceedingly complex.

Ruto’s signing and the looming ratification of Malabo Protocol is a continuation of Kenya’s campaign to defeat international justice mechanisms, specifically, the ICC. Kenya is signatory to the Rome Statute of the ICC and is obligated to ensure that perpetrators of crimes against humanity are held to account at the Hague. Malabo protocol presents a complex situation regarding how Kenya would take someone to be tried at the ICC, and more importantly, how victims and survivors will pursue justice and reparations for international crimes.

KHRC and MUHURI strongly urges the government to reconsider ratifying the Malabo protocol as this move will weaken her international obligation before the International Criminal Court that has been instrumental for victims of serious international crimes in their pursuit for justice, reparations, and accountability. Refraining from ratification is essential to prevent undermining ICC's jurisdiction and the fight against impunity.

Signed:

Kenya Human Rights Commission (KHRC)

Muslims for Human Rights (MUHURI)

In view of the above mandate, our attention has been drawn to the media reports attributed to the health Cabinet Secretary Susan Nakhumicha who, while attending a burial in Matisi, Trans Nzoia County, is reported to have ordered the transfer of Matisi OCS John Thuo over the rising cases of insecurity in the area.

Despite the power to transfer security officials not being within her docket, the CS was reported to have said that the government has taken a 'one government approach' which ostensibly gave her the powers to make sweeping decisions and only report actions taken to the relevant Cabinet secretary.

We would like to point out clearly that the National Police Service Commission is the police employer, in charge of the human resources function. We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service.

We remind the CS, and all state and public officers that public lynching is not part of the principles of security governance nor of policing in our democracy. The Constitution of Kenya entrenches a culture of accountability. It includes democracy and people’s participation, the rule of law, inclusiveness, social justice, and human rights among the national values and principles of governance. All state and public officers have the constitutional duty to abide by and respect these values when applying and interpreting the Constitution.

While we espouse public participation, accountability and quality policing services, we are compelled to remind all police officers and commanders of the provisions of the constitution, the law and the Service Standing Orders with regard to legitimate orders or commands and urge them to only obey a lawful command.

We, therefore, demand the following: -

1. The NPSC stamp its authority regarding its mandate and jealously protects it. The sovereign people of Kenya gave them that mandate, and they are the only ones who can remove or reallocate such powers.
2. All the State and Public Officers are to respect the rule of law and abide by the Constitution of Kenya.
3. The Inspector General of Police to ensure he exercises full command and control of the Service, including denouncing public lynching of police officers as witnessed in Matisi.

This statement is signed by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional, accountable and human rightscompliant policing. They include:

• Independent Medico-Legal Unit (IMLU)
• Kariobangi Paralegal Network
• Defenders Coalition
• Katiba Institute
• Social Justice Centres Working Group (SJCW)
• The Kenyan Section of the International Commission of Jurists (ICJ Kenya)
• International Justice Mission (IJM-K)
• HAKI Africa
• Amnesty International Kenya
• Women Empowerment Link
• Social Welfare Development Program (SOWED)
• Kenya Human Rights Commission (KHRC)
• Federation of Women Lawyers (FIDA- Kenya)
• International Centre for Transitional Justice (ICTJ - Kenya)
• Social Justice Centres Working Group (SJCW)
• Transparency International Kenya
• Shield For justice, 18. Wangu Kanja Foundation
• Constitution and Reform Education Consortium (CRECO)
• Kenyans for Peace, Truth and Justice (KPTJ)
• Peace Brigades International Kenya. (PBI Kenya).

In 2018, IDEMIA entered into an agreement with the Kenyan government for the supply of hardware equipment to be used in connection with the implementation of its National Integrated Identity Management (NIIMS) digital ID system, through which individuals would be issued a unique identity “service number” required to access public services. The digital ID system was vehemently criticized by human rights groups for the absence of safeguards around how data would be safeguarded and used, the lack of transparency around its implementation, and the potential exclusion of groups that have historically struggled to secure official identity documents. In 2020, a Kenyan court ordered the government to ensure constitutionally sound framework was in place to govern the system before operationalization.

In January 2021 and April 2022, the Kenya Human Rights Commission, the Nubian Rights Forum, and the French organization Data Rights, issued formal notices to identity technologies multinational IDEMIA as the first steps in bringing a complaint forward under France’s Due Vigilance law, which was adopted in 2017 and requires large companies in France to effectively manage their human rights, health and safety and environmental risks.

The three organizations requested that IDEMIA amend its vigilance plan to meet the standards set out by the law. The human rights groups notably raised that the absence of an appropriate risk mapping and inadequate mitigation measures would not prevent IDEMIA’s products from being diverted by governments to contribute to human rights abuses, including discrimination against minority groups.

In July 2022, the claimants filed a petition before Paris courts requesting that the judge order IDEMIA to adopt a vigilance plan that would match the obligations set out by France’s Corporate Duty of Vigilance law, which triggered a process for mediation.

“IDEMIA’s new Due Vigilance plan includes important improvements from their previous plan.  Acknowledging that our complaint was in relation only to very specific aspects of IDEMIA’s Due Vigilance plan, we are glad to see that IDEMIA has expanded the section on digital ID safeguards, and incorporated several, though not all, of our comments on human rights safeguards,” said Shafi Ali Hussein, director of Nubian Rights Forum. “This is a sign in certain cases, that the Duty of Vigilance law can be powerful in ensuring,  in a timely manner, that civil society has a say in developing plans to mitigate human rights risks.”

“This agreement whereby IDEMIA commits to adopting a better vigilance plan is still far from what we hoped for. As a multinational company, it could do more to use its leverage to make sure that its activities do not have an adverse impact,” said Damaris Onyancha, KHRC’s legal officer. “However, IDEMIA has committed to enforcing a vigilance plan which is now closer to the essence of the law, and we will monitor whether or not it sticks to its commitments.”

“The French Duty of Vigilance Law allowed us to sit down with a multinational for it to hear our claims and improve its vigilance plan” said Lori Roussey of Data Rights. “While no agreement was reached on key provisions regarding the risk of exclusion through digital ID systems, the legal action led IDEMIA to engage in genuine dialogue with us, showing the value of this law in bringing corporations to the table”.

All international and regional human rights standards prohibit the use of firearms in protest settings. General Comment 37 on the right of peaceful assembly (Article 21) by the UN Human Rights Committee stipulates that “Firearms are not an appropriate tool for the policing of assemblies. They must never be used simply to disperse an assembly.” The regional guidelines emitted by the African Commission on Human and Peoples' Rights concur: “Firearms are not an appropriate tactical tool for the policing of assemblies. Firearms must never be used to disperse an assembly. The indiscriminate discharge of firearms into a crowd is a violation of the right to life.” In accordance with all international law and its own national constitution, the State of Kenya is responsible for ensuring freedom of expression and peaceful assembly and protecting those exercising these rights.

Our most recent report, Lethal in Disguise 2 –co-written by INCLO and Physicians for Human Rights – provides up-to-date and medically reviewed evidence of the dangers of crowd-control weapons. This research clearly demonstrates that firearms should never be used in the context of protests and that crowd-control weapons can lead to serious injuries, permanent disabilities and even death.

Echoing the recent concern expressed by the INCLO member organizations, the Kenyan Human Rights Commission, as well as the UN Human Rights Office, we call for an immediate end to these episodes of institutional violence and call for effective measures to prevent further victims.

Specifically, we call upon the Kenyan government to:

• Immediately stop the use of live ammunition and disproportionate use of crowd-control weapons - including tear gas, batons and water cannons - by Kenyan law enforcement.
• Mandate an independent body to conduct urgent and transparent investigations into the deaths and unlawful use of force, with a view to establishing responsibilities and accountability, including the various levels of law enforcement command structure in charge during the incident.
• Take all steps necessary to ensure the rights to freedom of expression, peaceful assembly and association as guaranteed by the Kenyan Constitution and international human rights law.

Signatories:

Agora - Russia
Association for Civil Rights in Israel (ACRI) - Israel
Canadian Civil Liberties Association (CCLA) - Canada
Centro de Estudios Legales y Sociales (CELS) - Argentina
Dejusticia - Colombia
Egyptian Initiative for Personal Rights (EIPR) - Egypt
Human Rights Law Center (HRLC) - Australia
Human Rights Law Network (HRLN) - India
Hungarian Civil Liberties Union (HCLU) - Hungary
Irish Council of Civil Liberties (ICCL)- Ireland
Kenya Human Rights Commission (KHRC) - Kenya
KontraS - Indonesia
Legal Resource Centre - South Africa

The last few months Kenyans have witnessed waves of protests by various groups, including civil society organizations, general public, public service vehicle operators, taxi drivers, a section of civil servants and political opposition, as an expression of anger over the soaring cost of living, controversial tax hikes contained in the Finance Act, and mandatory retesting for all PSV drivers. Most of these groups spilled into the streets to exercise the freedom of assembly and right to protest with hopes that the state agencies responsible would listen to the plights. Unfortunately, these groups have been met with brutal force by the security agencies resulting in serious injuries, extra-judicial execution, and forced disappearances.

From July 7 to 19, Civil Society Organizations (CSOs) have reported 27 extrajudicial, summary, and arbitrary executions (EJE) – Fatal police shootings. While President Ruto had promised to end the era of police killer squads, the recent unfoldings reveal that the security agencies have clear intentions to execute protestors. In fact, it has been reported that some of these officers masquerade as journalists in order to arrest and execute protestors. The five deaths in Mlolongo are clear examples of state-ordered executions. Out of these, 3 had gunshots to the head, 1 had gun-shot wound on the chest (close range), and a lady had gun-shot wound on the back. This shows that there was clear intention by the security agents to shootto-kill. All the five shootings took place miles away from the ExpressWay where the main protests were ongoing.

The use of non-uniformed officers who in most cases are seen to use vehicles with either distorted or no number plates, bundle protestors into car trunks and speed off to unknown locations is also on the rise. These actions contravene the Criminal Procedures Code and Police Standing Orders. Moreover, these are tactics that Kenya’s killer cops who abduct and forcefully disappear or extra judicially kill Kenyans have employed over the years, where human rights defenders have fallen victim on several occasions. We are also disturbed by cases of police officers masquerading as journalists on duty, with the intention of arresting protestors. This, from our view, is an ethical issue that compromises the gains made by the media fraternity as well as trust with sources of news for proper documentation and objective reporting; put the journalists at risk of harm while on duty.

We are witnessing a disturbing pattern of police operation that exposes the country to civil strife and informal repression. Police are now working together with what appears to be private militia to attack and butcher people in Dandora and Kibera in Nairobi, Mlolongo in Machakos and some areas in Kisumu and Migori. These strikes are taking place in the cover of darkness with hope of shielding perpetrators from accountability.

We condemn the increased targeting and attacks against human rights defenders by security agencies during the protests. The attacks are a worry considering the precarious working environment for Human Rights Defenders who are already working in an environment that is constricted. We are concerned that at least 43 human rights defenders (HRDs) have been arbitrarily arrested, abducted, unlawfully detained and slapped with criminal and trumped-up charges. We can confirm that 34 HRDs were arrested on July 7 in Nairobi and Turkana Counties respectively, 1 HRD was assaulted, arrested, and detained without access to medical attention on 12 July, 2 in Kajiado County on 12 July, 2 HRDs were attacked at their office on 19 July 2023 while one, Boniface Ogutu has been abducted on 20 July. His whereabouts are still unknown. Additionally, we are also shocked by reports of alleged torching of Nyando Justice Centre by police officers. The center that has been in operation for close to 10 years is an immediate neighbor to Ahero Police Station.

It is with deep concern and regret that we witnessed even children in schools being tear-gassed by police. 50 innocent children in Kihumbuini Primary School in Kangemi, Nairobi County were tear-gassed while in the safety of their school. Another group of children in a kindergarten school in Nakuru County were teargassed by the same police officers that are mandated to protect them. This came shortly after a similar incident that occurred in Ndurarua Primary School in Kawangware, Nairobi County where police teargassed the school in a bid to disperse protesters right outside the school thereby leading to the hospitalization of 35 pupils in May. It is very unfortunate that even innocent children are not exempted from the wrath of rogue police officers who have no regard for the constitution.

With this regime, journalists have also been caught on crossfire. It seems there is a motive to silence them through subtle tactics. First, it started when the Director of Criminal Investigation (DCI) published images of protesters, taken by journalists, and said the demonstrators were wanted. This exposed journalists to risks of being attacked by protesters. Again, on Wednesday, a police officer masquerading as a journalist arrested a protester in Mathare. We all know what is likely to happen when reporters show up with their cameras in closed areas like Mathare: they are now marked men and women.

Despite these facts and evidence of police brutality, the President on Thursday thanked police for “standing firm and ensuring that there is peace” while the interior minister, Prof. Kithure Kindiki, said police acted with “utmost professionalism” and public “hooliganism” had been contained. We condemn these statements

In Nakuru West, a member of parliament, Samuel Arama, brandished his gun on Wednesday when peaceful demonstrators questioned him over the passage of the Finance Bill. At some point he was heard in a viral video threatening to pull the trigger if protesters did not disperse. This action is against section 88 of the Penal Code of Kenya. Leaders must exercise their positions responsibly, and promote unity, understanding, and constructive dialogue rather than fueling unrest. It is vital for the nation's stability and prosperity that leaders act as beacons of hope and reason.

We also acknowledge that not all the protesters are peaceful, though. Some are vandalizing private and public property and robbing by-standers. This act of hooliganism is unacceptable and should not be tolerated. The right to protest comes with responsibility. It does not permit protesters to cause havoc and destroy properties. Also, we know that not all cops are rogue, as such, we commend those who continue to do their work per the law. However, this does not mean Kenyans are enjoying over taxation. President William Ruto was elected last August pledging to champion the interests of the poor, but prices of basic commodities have risen under his administration. Several groups including civil society presented petitions to Parliament opposing the new taxes, but our recommendations were not considered. Already the court has issued conservatory orders stopping the implementation of the law.

Call to action

In response to these troubling events, we call for the following actions:

1. The Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU) should investigate cases of arbitrary arrests, mistreatment and all atrocities committed by the NPS.
2. The DCI and ODPP should take stern action against public officers (specifically, Nakuru West MP Samuel Arama) who misuse their firearms.
3. The President and the Legislature must repeal or amend the Finance Act to address the concerns raised by the public.
4. National dialogue process that involves all stakeholders including the CSOs, religious leaders amongst others.

Download Here: Press Statement

Signed

Amnesty International Kenya

Article 19 Eastern Africa

Kenyan Section of the International commission of Jurists - (ICJ) Kenya

Constitution and Reform Education Consortium - CRECO

Defenders Coalition

FIDA Kenya

Haki Afrika 20

Independent Medico-Legal Unit - IMLU

Inform Action

Initiative for Inclusive Empowerment - IIE

International Centre for Transitional Justice

Inuka Kenya Ni Sisi!

Kariobangi Paralegal Network

Katiba Institute

Kenya Human Rights Commission - KHRC

Kenya’s for Peace, Truth and justice

Muslims for Human Rights - MUHURI

Peace Brigades International

Poverty Eradication Network – PEN

Shield for Justice

Social Justice Centres Working Group

Social Welfare Develop Program

SOWED Kenya

The Kenyan Section of International

Transparency International Kenya

Usalama Reforms Network

Wangu Kanja Foundation

Women Empowerment Link (WEL)

The Institute for Social Accountability (TISA)

It is very unfortunate that 33 years later, when Kenya was celebrating democracy, we witnessed the return of a police state where the police brutalised unarmed, peaceful Kenyans exercising their constitutionally guaranteed freedom of assembly as they expressed their dissatisfaction with the state of the economy, over-taxation, Njaa, disregard of the law in political appointments and unresponsive executive and legislature.

Just like our Saba Saba heroes of the 1990s, including Martin Shikuku, Rev. Timothy Njoya, James Orengo, Gitobu Imanyara and many others who paid the price for our hard-won democratic freedoms, different groups under #NjaaRevolution, #Saba Saba March for our lives, #Okoa Uchumi and political opposition went to the streets to commemorate this historic day and to express themselves as active citizens.

Unfortunately, Kenyans (2 in Migori, 2 in Kisumu and 3 in Kisii) have paid the ultimate price while in contrast over 70 kenyans were arrested and several others injured as a section of the police expressed the highest level of brutality, cruelty and torture.

As a result, we saw reckless use of tools of policing including the misuse of firearms and teargas. We denounce the emerging trend of intimidation of police officers including punitive transfers of those who embrace non-violent approaches in the spirit of community policing and respect for citizens’ right to assemble, to free expression and to participate in public discourse. We wish to commend all officers who are defending the rule of law, and freedom of assembly and right to protest. We encourage them to continue acting within their service standing orders.

We condemn continued political harassment of media houses and intimidation of journalists, a trend that is increasingly threatening freedom of expression and free media. We urge the media to remain steadfast in defending our hard-won democracy.

Additionally, citizens who were held in police custody were denied medical treatment, dignity kits, food, legal assistance, and bail as required by law. Whilst attempting to safeguard the rights of the arrested persons, several lawyers and civil society leaders were chased out of Central Police Station. Most shocking, was the teargassing of the former Chief Justice Hon. Dr. Willy Mutunga at Central Police Station when he was carrying out his role as a respected elder, Former Chief Justice of the Judiciary and Advocate of the High Court of Kenya.

In Kisii, Migori, Kisumu and Mombasa Counties, the police disrupted the protests by using live bullets, throwing tear gas and in other instances, stones at the crowds contrary to the second schedule of the National Police Service Act. In Kisumu, police followed suit by throwing tear gas to the protesters which created tension in the CBD leading to businesses being shut down. In Vihiga County, 8 human rights defenders were arrested and detained in Mbale Police Station as they marched to present their petition to the relevant state agencies. Police in Lodwar town, Turkana County arrested three protesters who were taking part in the Saba Saba Day protests as they demanded the government lower food commodity prices.

We wish to condemn the systemic use of excessive, unlawful and unnecessary use of force and firearms by the police in the management of public assemblies and demonstrations. The actions we have seen in the recent past including on Friday amount to total disregard of the National Police Service Standing Orders and the police code of conduct, and must be legally investigated by relevant oversight bodies.

We denounce increasing political interference and increasing breakdown of the chain of command in the National Police Service with regards to policing assemblies and demonstrations. The return of “orders-from-above” at police stations level is not only scary but is a grave threat to our democracy. It is incumbent upon the Inspector General of Police to take full command responsibility as is required under the Constitution. Failure of which, his continued occupation of the office of Inspector General is becoming increasingly untenable.

CALL TO ACTION

1. Inspector General of the National Police Service (NPS) to take full political and command responsibility over the NPS.
2. Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU) should investigate cases of arbitrary arrests, mistreatment and all atrocities committed by the NPS.
3. The legal profession at the Bench and the Bar should stand with their colleagues and demand the dignity and respect of their office. They must call for an investigation into the conduct of the Police at Central Police Station for detonating a teargas canister at the former Chief Justice and other legal counsel who were defending the Constitution and human rights.
4. Independent Offices and Commissions such as the Kenya National Commission on Human Rights (KNCHR) and the Office of the Director of Public Prosecutions (ODPP) jealously guard and protect their mandates. We appreciate the courage of the ODPP for upholding their mandate by refusing to charge the over 70 persons arrested and detained for over 36 hours for exercising their constitutional right of peaceful assembly.
5. Lastly, we urge all Kenyans to stand firm in defending the Constitution relentlessly and protect democracy, human rights, and dignity.

Signed by

Members of PRWG-K and CFF