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 

A newly released monitoring mechanism has revealed disturbing evidence that the Cessation of Hostilities Agreement (CoHA) reached eight months ago between the Ethiopian Federal Government and Tigray People’s Liberation Front (TPLF) is marred by significant gaps impacting the protection of civilians.

The monitoring mechanism, which is the creation of a coalition of regional and international civil society organisations, has published its findings in a report entitled Ethiopia Watch: Civil Society Monitor of the Cessation of Hostilities Agreement. The report collects and analyses data from both private and public sources, creating a comprehensive, and independent, assessment of the African Union-brokered peace deal.

The mechanism’s report describes the CoHA as a momentous achievement that has improved the situation in Ethiopia. But the report finds, and meticulously details, critical gaps that derive from both the limited scope of the agreement and failures in its implementation.

The 26-page report is being released in the lead-up to the African Union summit, which will convene in Nairobi from 13 to 16 July.

''The report reveals that it is dangerous to claim that Ethiopia is now at peace,'' said Dismas Nkunda, Executive Director of Atrocities Watch Africa, which is a member of the civil society coalition that established the mechanism. ''While there is much to celebrate about the AU-led peace process, more work remains to be done. The deal must be fully implemented and resourced. It should be extended to include other key conflict actors throughout Ethiopia. And it must be expanded to include the full participation of young people, women and girls.'' 

The sources utilised for the report—many of whom shared their insights on the condition of anonymity—challenged the predominant narrative that the conflict in Tigray is resolved.

While it is true that the worst days of the war have passed, the report’s sources point to the significant gaps outlined in the report as evidence that the peace is tentative, uncertain and fragile.

• The report details how Eritrean troops remain present in parts of Tigray, where they are accused of killing civilians, committing sexual assaults and perpetrating forced disappearances. The regional civil society groups involved in the monitoring mechanism call upon the Federal Government of Ethiopia to specifically call for Eritrean forces on Ethiopian territory to leave.
• The report describes how conflict has persisted and intensified in Amhara and, to a lesser extent, in Afar, committed (as in the case of attacks by Eritrean troops) by non-signatories to the peace The fate of politically contested land (in Western and Southern Tigray) remains unaddressed explicitly by the agreement and yet is clearly a driver of ongoing alleged ethnic cleansing in Western Tigray, instability and conflict in the neighbouring region of Amhara.

''The limitations in the agreement threaten to unravel the progress made so far, and the African Union policy organs can and must fortify the agreement in order to ensure sustainable peace in Ethiopia,'' said Achieng Akena, Executive Director of the International Refugee Rights Initiative, also a member of the civil society coalition that established the mechanism.

• The report notes that Article 4 of the CoHA commits the parties to condemn any act of sexual and gender-based violence. Yet there has been little or no public condemnation by the parties of sexual violence by their own troops, neither of incidents arising since the CoHA was signed nor of incidents during the conflict. The report further details how women were absent from the official delegations of the parties to the peace talks.

''The level and brutality of gender-based violence committed by all parties to the conflict makes it imperative that women and girls play a central role in the peace process and any transitional justice process,'' said Annah Moyo-Kupeta, Executive Director of The Centre for the Study of Violence and Reconciliation, which is also a part of the civil society coalition.

• The report finds a startling lack of transparency in the work of the official AU Monitoring Verification and Compliance Mechanism (AU-MVCM). The AU's monitoring team works with few resources and a limited mandate, the report shows. At the same time, its efforts to gain access to areas held by forces not party to the CoHA deserve recognition and political support from the AU.

The coalition calls on mediation and monitoring to be scaled up, including by appointing civilian human rights and gender experts to the AU-MVCM.

''It is important to make use of the institutional memory and the resources that the continent and the African Union has at its disposal and deployed in previous situations to solve wicked problems in the past,'' said Shuvai Busuman Nyoni, Executive Director of the African Leadership Centre. ''Let Africa seriously consider what has worked, what can be tweaked and forge ahead decisively and without reservation."

• The report explores the plight of hundreds of thousands of Internally Displaced Persons (IDPs) who are in urgent need of greater support and security. IDPs, who have no legal entitlement to education, health, housing welfare, and jobs, are living at the mercy of the individuals and communities that are helping them.

“While remaining in situations of protracted displacement, many Internally Displaced Persons and other vulnerable populations face inequality particularly in access to basic services, housing, land and property. The Ethiopian Government must support Internally Displaced Persons (IDPs) in achieving a durable solution of their choice to their displacement,” said Davis Malombe, Executive Director of the Kenya Human Rights Commission.

The civil society coalition recommends that the Federal Government urgently introduce a policy framework for IDPs across Ethiopia and grant them legal status as part of country-wide national reconciliation measures.

• The report confirms the findings of numerous news reports about the systematic diversion of food aid by Ethiopian and Tigrayan authorities.

‘‘The Federal Government and the TPLF must abide by their commitment under the CoHA not to divert food aid and assistance and should both urgently investigate persistent reports of such diversion and hold perpetrators to account,’’ said Abdullahi Halakhe, who is the East, Horn and Southern Africa Senior Advocate with Refugees International.

The African Union's leaders have a special responsibility to insist that the parties adhere to the CoHA and ensure that the peace deal serves as a basis for future, better agreements across Ethiopia, the report concludes.

''As a single agreement, the CoHA is a positive start for peace and reconciliation in Ethiopia,'' the report says. ''Despite its successes in silencing the guns in Tigray, the CoHA represents the floor, rather than the ceiling of what can be achieved for Ethiopians. The scope of future agreements must be enlarged, if lasting peace is to be achieved across the country.''

Notes to editors

To interview members of the civil society coalition that established the monitoring mechanism, please contact Ernest Cornel of Kenya Human Rights Commission: ecornel@khrc.or.ke for press queries.

The report can be read in full here

Following the nation-wide Saba Saba protests across the country, we have witnessed the police, yet again, lobbing tear gas to otherwise peaceful protesters, arbitrarily arresting peaceful protesters and brutally handling them. For instance, in Nairobi, 17 human rights defenders have reportedly been arrested in Nairobi CBD by police during the protest. We witnessed protesters being dragged on the ground while others were being carried to the police vehicles to be transported to police stations.

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 while in Turkana County, three human rights activists were arrested. In Kisii, Migori and Mombasa Counties, the police disrupted the protests by throwing tear gas and in other instances, stones to the crowds. In Kisumu, police lobbed tear gas to the protesters which created tension in the CBD leading to businesses being shut down.

All these come a few days after Mbeere North Member of Parliament Geoffrey Ruku, in what appeared to be a move to tame the opposition and anti-government protests, proposed an amendment Bill to regulate the conduct of demonstrations and actions of picketing. In the Bill, the MP proposed that organizers of protests be held liable for any damage or loss of lives and property, and that those who engage in outlawed protests be liable for one-year imprisonment.

The Saba Saba protests have led to a series of events that we condemn:

1. The arbitrary arrests of peaceful
2. The police brutality experienced by peaceful protesters.
3. Police officers disrupting peaceful protesters by throwing tear gas and stones at the
4. Police refusing to accept notifications of the protests and using this as an excuse to label peaceful protests as “illegal”.
5. The excessive and arbitrary use of force by police

We reiterate that the Constitution of Kenya Article 37 gives any person the right to protest, picket or petition any public office while peaceful and unarmed. Article 33 confers the right to self -expression. These rights should not be denied or interfered with by police or any government officers.

We, therefore, call upon:

• The National Police Service to adhere to the law and conditions as to the use of force as per NPS Act and Service Standing
• The Ministry of Interior & National Administration and particularly the Cabinet Secretary to engage all key stakeholders in consultation forums to ensure that the proposed regulations and amendments to Public Order Act are within the constitutional
• IPOA to conduct investigations on the human rights violation to establish the level of police compliance with Article 244 of the Constitution, the Public Order Act and all regional and international legal instruments that Kenya has
• The immediate release of all the arrested peaceful
• The Kenya Kwanza government to take action on the demands made by Kenyans during the Saba Saba

Signed by;

The closure of Kenya’s 2022 General Elections left one thing tacitly clear as top level priority that warranted urgent reforms, in the words of the contending political protagonists, and total overhaul and transformation, in the eyes of civil society: EDUCATION

So, some breath of fresh air, relief and high hopes were noted when President William Ruto through a Gazette Notice number 11920 published on 30 September 2022, notified the public of the establishment and appointment of persons to a Presidential Working Party on Education Reforms – PWPER - under the chairmanship of Prof. Raphael Munavu, with powers and capacities to initiate and inform Education reforms by consulting and receiving information from public and experts on areas touching on Basic Education, tertiary/TVET and university Education as per the gazetted Terms of Reference, and carrying out such other functions necessary to undertake any matter incidental or ancillary to the Education reform agenda.

However, more than 276 days later since the Working Party began its work, more confusion devoid of clear direction seem to cloud the path to reforms. Snippets of half-baked and poorly digested piecemeal interventions have become the hallmark of the Administration’s change process. Nothing serene has been forthcoming in having a proper guide to the Education sector in terms of addressing the myriad of challenges choking the sector.

Financing - Chronic underfunding of Education sector needs ( teacher recruitment,research, special education, capitation grants)  continues to be normalized. Besides, perennial delays in disbursement of capitation and other grants have become the order of things. These have caused unimaginable disruption of Education processes. There have been wastage of learning time as most schools have resorted to sending away students frequently to collect school fee balances. In addition, there occurs delayed payment of suppliers, Board of Management (BOM) academic and non-academic staff affecting service delivery. Whenever the remittances arrive, there is minimal time for implementation of projects giving room for violation of procurement procedures thus acerbating corruption.

Legality of the new university funding model – through direct engagement with the media, on 3 May 2023 at State House, Nairobi, the president announced a new model of funding TVET and higher Education. This was disguised as a response addressing the challenges faced by students, colleges and universities, and in particular, the president stated that the model would be benefiting students from extremely poor backgrounds. Stuck inside and undisclosed, however, was the disproportionate increase in university fees charged for different courses, elevating such professional courses beyond the reach of economically disadvantaged students. The likelihood of poor students missing out on specialized degree courses due to infiltration and abuse of the assessment criteria. Some of the universities and colleges risk closure if they will be unable to attract significant students’ admission. The major question is where the suggestions were subjected to public participation and the electric speed with which the new model has been rolled out through KUCCPS. The administration has basically extricated itself from the responsibility of the State to finance Education and transferred this to the poor and overburdened parents.

PWPER Report – EBWG remains concerned with the piecemeal release and implementation of PWPER recommendations. We have witnessed through State House press releases the ‘launch’ of a new TVET and University funding model, the scrapping of categorization of secondary schools, the reduction of subjects for the JSS, and the transition of KNEC to Kenya National Assessment Centre (KNAC). Further query on the status of the Main Report have born no fruits.

Call to action

1. Prioritization of the release of school capitation by the Ministry of Education. Release of second term capitation yet to be done
2. Suspension of the new university funding model to allow for proper public consultation. The model has already been rolled out in the KUCCPS admission portal.
3. PWPER to officially release report for public consultation. Continuing to undertake piecemeal releases of the report smells of mischief and bad faith. We urge the president to cause the release forthwith of the final report and other interim reports that the team has produced so far as advisories to the president on the subject matter and help guide Education in Kenya.
4. Urgent review of JSS transition with a view to minimizing the damage being done to the Grade 7 students

Commitment to action

1. EBWG shall roll out a country-wide outreach programme focusing on Education Conversations to enable Kenya to internalize the minimum standards and principles of Education ideal for Kenya now and into the future.
2. EBWG shall engage key Education stakeholders starting with the Ministry of Education and relevant state and governmental agencies to facilitate understanding of the principles and minimum standards including the establishment of a National Education Fund.
3. Continue with broadened consultations for development of a comprehensive National Education Policy.

Signed on 25/6/2023.

Elimu Bora Working Group is perturbed by the prevailing crisis in Education sector in Kenya today and wish to make the following observations and recommendations -

1. Confusion in the reporting by Junior Secondary Schools: The first day - 30 January 2023 - at junior secondary schools saw the head teachers bemoan serious logistical mess. Failure by the newly recruited teachers to report to their new workstations, slow distribution of textbooks and pressure on the few available classrooms are some of the challenges that the school heads have had to contend with even as the country’s new CBC transitions to junior secondary schools. All these logistical problems only show poor preparation on the side of the government. They confirm the fears that the whole idea of Junior Secondary Schools was not properly thought through, and as such afforded proper preparations. The processions by parents and community members in some counties in Northern and Eastern parts of the country protesting the relocation of their children to schools far away from their homes speak volumes about poor levels of preparation for the transition.

Domiciling JSS in primary schools has its challenges but the government need not fold any pre-existing primary schools, especially public primary schools, but should step in to provide the needed infrastructural and human resource support to make the school be up to standard in providing JSS.

2. The level of preparedness by teachers for the junior secondary schools (Manpower): Speaking during the 2022 KCSE results release, the Chief Executive Officer at the Teachers Service Commission, Dr. Nancy Macharia, stated that the Commission has already trained 2376 master trainers who were expected to retool the new instructors for the junior secondary schools. This position is problematic to the extent that the students in the junior secondary schools may not have instructors until the training is done. It is easy to see the way the training process will be rushed in an attempt to catch up time. It would be helpful to expose the stakeholders to the training manual that has been adopted to prepare the teachers for the junior secondary schools.

Rapid recruitment, induction and deployment of teachers for JSS should be prioritized.

3. Infrastructural preparedness: While the infrastructural demands of transitioning to junior secondary schools are glaring, the reality points to poor preparations by the government to keep up with the pace. The proposed new curriculum is resource intensive yet there is no serious resource commitment by the government to ensure that all the junior secondary schools are equipped with the necessary infrastructure.

Capitation grant should be made available to schools to enable them to bridge the infrastructure gaps.

4. The issue of management of the junior secondary schools: That the government is proposing that the new established junior secondary schools be under the management of the host primary schools demonstrates an assumption of the unique management and governance needs of the junior secondary schools. Furthermore, such an arrangement runs the risk of putting a strain on the school management teams, thus interfering with their effectiveness.

The MoE should prepare and release clear guidelines that would streamline participatory school administration and management.

5. The ministry to clarify on whether it has vacated the Matiangi-Magoha directive barring the media from accessing public primary schools: Such a directive is a clear violation of the freedom of the press and the right of the public to get the most accurate picture of the state of the country’s public learning institutions.

We demand for immediate vacation of that draconian and uncalled for rule to enable the media - as the public eye – to continue accessing and reporting to the public on what goes on in schools and other learning institutions. Articles 32, 33, 34 and 35 should NOT be derogated by anyone whatsoever.

6. There are concerns of the government favoring private schools: The defunding of public schools and poorly thought through implementation of the CBC is likely to work to the advantage of private learning institutions as they enjoy direct resource intervention from their private owners. In the long run, there will be a mass exodus of pupils from public schools to the private schools.

The GoK must prioritize public Education of quality and must cease forthwith from promoting for-private schools. Direct public resources to strengthen public Education system – and NOT applying public funds for private profits.

7. The CDF bursary scam: In as much as the members of parliament have in the recent past come out guns blazing, demanding for the release of CDF funds, the recent reports on disbursement of bursaries by various members of parliament from this kitty show an opportunistic and dishonest cabal is keen on using the slightest opportunity to rob the public coffers. The latest auditor reports show that at least 1.2 billion shillings’ worth of CDF bursary funds have gone missing in some counties and constituencies. The report also shows misuse of the funds, and denial of assistance to needy and deserving learners. The scrutiny for the NG-CDF for some 50 constituencies in 2019/2020 shows that up to 797 million may have been lost to underserving students. Unless the members of parliament give a convincing response to these glaring audit queries, they lack both the moral and political justification to claim further control of the CDF bursary funds. If anything, the revelations brought forth by the office of the auditor general should attract the necessary criminal prosecution. Worse still, the Supreme Court had recently pronounced itself on the illegality of the CDF Act of 2003. The Government has disclosed that it will spend Kshs. 6 Billion on capitation grants to learners of Junior Secondary Schools for Term One and Term Two of 2023, with each of them receiving an individual capitation of Ksh.15,000 per year. This information needs to be simplified and explained to parents and school Board of Management to avoid mismanagement or double charging of innocent parents.

Elimu Bora calls for TWO options:

1. Government MUST re-commit to its national, regional, and international commitments of making BASIC EDUCATION free and compulsory hence no need for bursary.
2. Consolidate all bursary funds (MCAs, Governors, MPs, and President’s bursary schemes into ONE administered at the WARD level…. but not controlled by MCAs or Chiefs.)

8. Privatization of Public Universities: The Cabinet Secretary in charge of Investment, Trade and Industry, Mr. Moses Kuria, recently revealed plans to privatize several public universities in a bid to strengthen their financial stability. We find this style of reasoning badly flawed as it completely deserts the philosophy of education being a public good and should as such be affordable to all. If anything, the government owes its youths an opportunity for self-advancement. The privatization of university education thus alienates a significant portion of learners who may have the resource wherewithal to keep up with the cost of private training. In the circumstance, the government needs to increase the funding for public universities to enable them to sustain their operations.

We say NO privatization of Public Universities or TVET, Tertiary and Higher Education.

9. Destruction of Schools in the North Rift Valley: One of the challenges of education in Kenya is inequality, which means that those from low socio-economic backgrounds have difficulty accessing education. Central to the education reforms in Kenya has been establishing an education system that addresses relevance, equity, inclusion, and waste. The insecurity happenings in Turkana, Samburu, West Pokot, Baringo and Elgeyo Marakwet has affected learning in schools. The government has severally made public statements which do not address the menace. How will equality in education achieved in such a learning environment?

Let’s engage on the Safe Schools Agenda and let the government provide a structured framework for stakeholder participation in the process.

10. Discordance in communication with parents, teachers, students, school administrators and other key stakeholders: Education matters have become goods for juggling by all manner of persons. If the CS Trade is not giving directives on school uniforms, or threatening to privatize public universities, the other is directing teachers on how to teach, and no one is talking about funds transfers to schools. Where is the CS Education? What are the 3 PS doing?

We call upon the leadership of the Education sector to remain sober, forthright, transparent, and accountable to the stakeholders and general public so that challenges in the sector can be identified in time and addressed appropriately. Unpredictability in leadership is not helping the sector to think and act straight.

Signed by:

Members of Elimu Bora Working Group

Kenya Human Rights Commission (KHRC), Uraia Trust, Elimu Tuitakayo, Forum for African Women Educationists (FAWE), Constitution Reforms Education Consortium (CRECO); African Population Council (APC); National Students Caucus, Kenya National Interface Team (KNIT); Institute for Economic Affairs (IEA); (Universities Academic Staff Union (UASU).

PRESS STATEMENT

Sunday, 28^th May 2023, Sarova Panafric Hotel, Nairobi

EBWG Launching Minimum Standards and Principles of Education suitable for Kenya in the 21^st Century – #ELIMU BORA, SI BORA ELIMU

Elimu Bora Working Group announced to the public in January 2023 that we were embarking on a journey to help transform Education in Kenya to align with a new vision founded on basic human rights principles and a known philosophy – Education for Responsible and Productive Citizenship.

Through the reporting panel, working in consultation with the EBWG Reference Team, and with technical retreat by experts to review the report and give final inputs informing the framework and key deliverables going forward, EBWG undertook a two-staged process starting with the development of the minimum standards and principles of Education suitable for Kenya in the 21^st Century.

The panel undertook some desk reviews of available literature to inform the report and build on content. We further engaged with critical key informants and analysed key local/national, regional and international commitments that Kenya has made in advancing Education for her citizens.

The panel also reviewed reports of the past presidential task forces, working parties and commissions, right from the Fraser Commission report of 1909 which was the earliest recorded public policy for formal Education in Kenya and that which recommended some Education for Africans to provide them with simple basic skills fit to serve the local white settler community market, to the Task Force on the Realignment of Education and Training to dictates of the Constitution of Kenya 2010 chaired by Prof. Douglas Odhiambo of 2012, which recommended the introduction of a competency-based curriculum. The analysis was concluded before the report of the Presidential Working Party on Education Reforms chaired by Prof. Raphael Munavu (2022) had published its report (which is not ready yet even as at the time of giving this media brief).

It should be noted that none of the commissions delved into the basic philosophy of Education based on the African culture – UTU - that would have revolutionized learning. None of the Education reports has attempted to provide a clear vision for Education, hence Kenyans must therefore embark on recreating the philosophical foundation of Education in Kenya. None of the commissions provided solutions to the crisis of underfunding in Education with its ugly consequences of severe deterioration in quality especially in public schools. Instead, some recommendations like that derived from the Structural Adjustment Programmes imposed by the Bretton Woods institutions (World Bank and the IMF) in the 1980’s endorsed user fees in recovering education costs. Since the 90s, the government virtually stopped investing directly, in the building of new public primary and secondary schools in the country. This has left the development of educational institutions to the parents and a few private sector actors.

Now therefore, at a time when a number of Education sector changes are taking place in the country, Civil Society actors working under the Elimu Bora Working Group are keen on providing concrete minimum standards and principles of Education to enable Kenyans avoid another botched up Education reform initiative. These principles and minimum standards shall act as the GUIDE upon which Kenyans will interrogate any new Education reform initiative including the work of the Presidential Working Party on Education Reforms 2022.

Challenges -

We observe that Education in Kenya is riddled with a myriad of challenges including incoherent policy and philosophy, lack of overarching goal and vision, lack of guiding principles and concrete objectives, lack of optimal standards for defining and providing quality Education, lack of a predictable to curriculum development, class segregation, deep rooted inequalities, among others. Marginalised areas, rural and urban poor communities have been left behind.

Education for what?...

The search for a comprehensive, holistic and empowering Education policy must begin with the foundational question... Education for what? –

• does it encapsulate an empowering and inspirational national philosophy?
• does it meet the ideals and values entrenched in the constitution of Kenya?
• does it empower the learner to exploit his/her full potential?
• does it honour and adequately remunerate teachers?
• does it engender a sense of responsible and productive citizenship?
• does it place the learners and community at the centre of development processes?
• does it meet Kenya’s national development ambitions?
• does it have a financing framework that meets its goals and objectives?
• is it accessible without any discrimination?

The guiding principles –

• Education is a fundamental human right and a public good that every government has the cardinal obligation to provide.
• Education shall be inclusive, equitable and of right quality with lifelong learning opportunities for responsible and productive citizenship.
• Education shall be inclusive, equitable, available, accessible, acceptable, and adaptable for all.
• Education shall be holistic and value based.
• Education shall empower the learner with skills for the 21^st
• Education shall be founded on our rich African heritage.
• Education shall empower the learner to exploit his/her full potential.
• Education shall nurture creativity, innovativeness and critical thinking.
• Education shall be emancipatory and liberative.
• Education shall dignify the teacher and learner.
• Education is lifelong and continuing, accessing meaningful and progressive learning.

Setting the standards -

EBWG recommends:

• Education financing and accountability.

            Prioritize Education for at least the next 20 years

Implement constitutional directives of free and compulsory basic Education and work towards free higher Education, and no privatisation

Establish a National Education Fund

Establish and operationalize a framework of transparency and accountability in Education resource use

• Education infrastructure – government to provide education infrastructure devoid of discrimination on any grounds whatsoever.
• Assessment of learning achievements and Education outcomes – should not block or be a barrier to transition to higher levels.
• Education and school management – The government must stop forthwith the practice of controlling the management of public universities by appointing compliant council members and university administrators. We call for total overhaul of the University Act 2012
• Education and livelihoods – Education to support and facilitate natural resources utilization for sustainable livelihoods of the people.
• School feeding programmes to be integrated into the Basic Education cycle.
• Communities and homes be empowered as Education support systems.

Commitments of EBWG and how Action Begins –

1. Rolling out a process of developing a Comprehensive National Education Policy prototype
2. Initiative consultations for establishment of a National Education Fund
3. Securing protection of Education Reforms to be based on a National Philosophy and Human Rights Foundation

Signed by:

1. Youth Agenda
2. The Kenya Human Rights Commission
3. Elimu Tuitakayo
4. Universities Academic Staff Union (UASU)
5. Kenya National Interface Team
6. Constitution and Reform Education Consortium (CRE-CO)
7. National Students Caucus
8. Social Justice Center