The Police Reforms Working Group Kenya (PRWG-K) is deeply concerned by the continued practice of enforced disappearances and arbitrary arrests, despite President Ruto’s promise to end this practice.

We urgently call upon President William Ruto to fulfil his legal obligation to uphold and protect the Constitution and end the harrowing practice of enforced disappearances and arbitrary arrests.

On August 17, Muslims for Human Rights (MUHURI) board member Khelef Khalifa was arbitrarily
arrested for insisting the police follow the recent court order banning the deployment of masked
officers during routine police duties.

We reiterate article 49 of the constitution of Kenya, which protects the rights of all arrested persons, including access to legal assistance and clear information on reasons surrounding the arrest.

We call upon the Inspector General of Police to hold to account police officers who executed the unlawful arrest and uphold constitutional procedures when effecting arrests.

On August 19, Bob Njagi, Aslam Longton, and Jamil Longton were abducted in broad daylight following the Kitengela protests.

It has been eleven days since the three individuals were separated from their families in unclear circumstances in total disregard of the rule of law and fundamental human rights.

We call upon the Inspector General of Police to investigate and reveal the identities of the men who abducted Bob, Aslam, and Jamil and have them presented before a court of competent jurisdiction in line with constitutional provisions and orders issued by the High Court in HCCHRPET/E436/2024.

We urge President Ruto to uphold his promise and quickly address enforced disappearances,
abductions, and arbitrary arrests and ensure that all state agencies abide by the law when executing
arrests.

The pain and suffering endured by victims and their families must come to an end.

The government must take immediate steps to hold those responsible for these violations accountable and prevent further occurrences. The current leadership on this matter is crucial in restoring justice and
upholding the human rights of all Kenyans.

We call on the National Assembly to remain seized by and act on these constitutional violations and
enact legislation to protect Kenyans against forceful disappearances, investigate and hold accountable
those responsible for enforced disappearances.

Background

Arbitrary arrests, abductions, and forced disappearances of Kenyans bearing dissenting opinions and
views against the government have been on the rise since the protests began in June 2023.

President William Ruto has repeatedly spoken against this practice. In January 2023, he disclosed that he had fired former DCI boss George Kinoti due to the alarming rise in cases of forced disappearances and police murders in the country.

This gave hope to many Kenyans who have suffered from this brutal practice. The President's
commitment was further reinforced during his inaugural X space, where he emphasized police officers
must identify themselves and declare the reason for arrest when detaining someone.

The Police Reforms Working Group Kenya (PRWG-K) and Civic Freedoms Forums (CFF) are deeply shocked and saddened by the recent discovery of at least six dismembered bodies at the Kware dumpsite near Mukuru Kwa Njenga slums in Nairobi. These dismembered bodies were found wrapped in sacks and polythene bags of assorted colours, which were tied with majorly with ligatures, and retrieved from a garbage-filled quarry pit opposite Kware police station with a similar pattern of packaging according to yesterday’s statement on the X platform of the Directorate of Criminal Investigations.  This horrific incident is a mass fatality issue, it represents a grave violation of human rights and raises serious concerns about the rule of law and security in our country.

This discovery comes amid a troubling surge in cases of mysterious disappearances and abductions, particularly following recent protests against the Finance Bill 2024 that has resulted in the deaths of over 40 individuals, further, how the bodies were disposed of highlights the brutal nature of these killings and the urgent need for justice in light of the National Police Service (NPS) facing severe accusations of involvement in unlawful activities.

The government must allow for a thorough investigation into these killings to uncover the truth behind these heinous acts and determine the identities of these dismembered and unidentified female victims.

PRWG-K and CFF calls for the following actions:

1. We urge the government to allow for and initiate swift comprehensive investigations into these killings. It is crucial to determine the circumstances surrounding the deaths and hold those responsible accountable.
2. Because the bodies were dismembered, we are concerned that they may be co-mingled and thus, will require sorting and reassociation according to forensic medical best practice.
3. To ensure that the identities of the victims are scientifically determined for accuracy we request that the Directorate of Criminal Investigation, Division of Forensic & Pathology Services and the National Registration Bureau prioritize the collection of fingerprints of the victims immediately.
4. To ensure that the Forensic Death Investigation Process – that is Postmortems should be done together with independent observers. These processes should be done in a central location. As such, the bodies should be moved to one location and preserved awaiting forensic death investigation.
5. The crime scene should be urgently secured, and competent personnel should be involved in overseeing and or conducting forensic retrieval of all remaining remains or bodies.
6. The National Construction Authority should close all open quarries.
7. Establish a National Missing Persons Database
8. Ensure that there is a clear cooperation mechanism for purposes of evidence management, between the Independent Policing Oversight Authority (IPOA) and other law enforcement agencies to expedite investigations into all reports of enforced disappearances, and deaths allegedly committed by police officers. Ensuring accountability within the police force is vital to restoring public trust and upholding justice.
9. We appeal to members of the public to come forward with any information regarding missing, abducted, or deceased victims. Public cooperation is essential in aiding investigations and bringing perpetrators to justice.
10. In conclusion, the discovery of these dismembered bodies dumped in this quarry pit is a stark reminder of the urgent need to address and further publicize human rights violations and ensure the safety and security of all citizens. The PRWG-K and CFF remains committed to advocating for justice, accountability, and the protection of human rights in Kenya.

For further assistance, or to report human rights violations, please call our helplines at IMLU at 0800-721-401 or Kenya National Commission on Human Rights (KNCHR).

This statement is signed by the Civic Freedoms Forum (CFF) and Police Reforms Working Group-Kenya, (PRWG-K) an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. They include:

Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), 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), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ), Peace Brigades International Kenya. (PBI Kenya).

We, the Police Reforms Working Group-Kenya (PRWG-K), extend our sincere condolences to the families and friends of the 39 individuals who lost their lives in the recent protests. We also pass our condolences to police officers who have lost their lives and others critically injured during these protests. We also express deep concern and solidarity with the 361 injured, 627 arbitrarily arrested, and 32 forcibly disappeared, as reported by the Kenya National Human Rights Commission (KNHRC) on July 1, 2024. These numbers may have increased following the protests on July 2, 2024. Our thoughts are with all those affected during this difficult time. We stand with you, offering our support, unwavering solidarity and commitment to seeking justice.

We strongly condemn the violence witnessed during the recent protests in Kenya, which has resulted from both the excessive use of force by law enforcement and the presence of what appears to be hired goons. The police's use of lethal crowd control weapons like water cannons, tear gas, and live ammunition against peaceful demonstrators has led to unnecessary injuries and fatalities, escalating tensions and undermining the citizens' rights to assemble, demonstrate, picket and petition, which is enshrined in Article 37 of the Constitution of Kenya, 2010.

This comes on the backdrop of a recent court order which barred police from using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any other form of violence or committing any extrajudicial killings, arrests, abductions, detentions, harassment, intimidation, torture, cruel, inhuman and degrading treatment against peaceful protesters.

Moreover, under the Public Order Management Act, the police must uphold public safety and facilitate peaceful protests while enforcing regulations to prevent disruptions. However, we express deep concern over recent events where the police have failed to uphold this duty, resulting in the involvement of hired goons committing robberies, assaults, and looting. Who is hiring the goons to discredit and delegitimatize protestors and justify the use of excessive force by the state that has contributed to widespread chaos? Such actions undermine the credibility of peaceful demonstrations and constitute severe violations of human rights and democratic principles. Immediate accountability is imperative to restore order and uphold the rule of law. It is essential that the Independent Policing Oversight Authority (IPOA) ensures those responsible for these actions are held accountable swiftly and transparently, ensuring that citizens' rights to assemble and express their grievances peacefully are protected and respected.

We strongly condemn the actions of these hired goons who have engaged in looting and destroying property, resulting in wanton destruction and significant loss of livelihood for thousands of individuals and businesses. These reprehensible acts not only undermine public safety but also inflict severe economic and emotional harm on our communities. We stand in solidarity with business owners who have suffered losses due to these criminal activities. Those responsible for these actions must be swiftly brought to justice to restore confidence, protect businesses, and ensure such incidents do not recur.

Moreover, the deepening infiltration and deployment of these goons has had severe consequences, including the assault of police officers, which we strongly condemn as per Section 103(2) of the National Police Service Act. The infiltration has also led to the withdrawal of the services of Medics for Kenya, a volunteer group of doctors and other medical personnel who were providing emergency services during the protests. This withdrawal has left many without critical medical support, as these medics were forced to cease their operations across the country.

Further, the continued state attack on Kenya's civic space through increased targeting of human rights defenders and activists is a deeply troubling development documented extensively in the media. This escalating scrutiny threatens to stifle the vital role that civil society plays in a functioning democracy. By targeting those who advocate for justice, transparency, and accountability, the state is infringing on individual freedoms and eroding the foundation of democratic governance. The intimidation and harassment of activists and human rights defenders create an environment of fear and repression, effectively silencing critical voices and closing the civic space essential for holding the government accountable. It is imperative that the state respects and protects the rights of these individuals to ensure the continued health and vibrancy of Kenya's democracy.

We remind the state of its duty to ensure that during protests, the police have a critical duty and obligation to maintain public order and safety while respecting and protecting the rights of citizens to assemble and express their views peacefully. As enshrined in Article 244 of the Constitution of Kenya, law enforcement officers must adhere to transparency, accountability, and respect for human rights. This includes ensuring that their response to protests is proportionate and lawful, avoiding the use of excessive force, and distinguishing between peaceful demonstrators and those engaging in criminal activities. The police must facilitate peaceful protests, protect protestors, medical, media and other professionals from harm, and prevent infiltration by malicious actors. Upholding these responsibilities is essential to fostering trust between law enforcement and the community and safeguarding the democratic principles that allow for free expression and civic engagement. This is part of the obligation and commitment of the government under the recently commenced Public Benefits Organisation Act.

Therefore, we call on the government to:

1. Protect Kenya’s civic space and ensure the safety of human rights defenders and organizations.
2. Instruct law enforcement officers to uphold their duty to protect public order and safety during assemblies and demonstrations as per Article 244 of the Constitution of Kenya.
3. Ensure accountability for those responsible for the violence and opportunistic crimes during the protests.
4. Facilitate open dialogue with citizens to address the root causes of the protests and work towards meaningful solutions.

This is a political moment to address unresolved and underlying long-term human rights and governance issues, most of which have been well espoused in the Agenda Four of the National Accord and the Constitution of Kenya.

The state must act decisively to restore peace and order while respecting the fundamental rights of its citizens. Together, we must strive to build a society that values justice, transparency, and the protection of human rights for all. Together, we must strive to build a society that practices national values and principles of governance and UTU.

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

Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Inuka Ni Sisi, Democracy Without Boarders-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), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ), Peace Brigades International Kenya. (PBI Kenya).

After the tragic events of June 25, which left dozens of young Kenyans killed and hundreds injured in front of parliament and across the country, President William Ruto addressed the nation.

The country's security forces, in a grave violation of human rights, killed these young people who were exercising their constitutional right to a peaceful protest.

Others were arrested, beaten, sustained gunshot wounds, or were abducted by armed men in plainclothes.

However, Ruto, in his address to the nation, appeared to downplay the severity of the atrocities and gross human rights violations committed against Kenyans.

He also seemed to justify why the members of parliament ignored Kenyans' pleas to reject the punitive finance bill by thanking them for passing it.

Even though he announced that he would withdraw the punitive finance bill, Ruto must take responsibility for all the atrocities committed during the protests.

In this statement, we highlight some ways Ruto downplayed the tragedy that struck the nation and avoided taking responsibility for his commission and omission

Deaths

During this address, Ruto alleged that "six people lost their lives". Ruto’s statement was intended to downplay the tragedy that struck the nation when police opened fire and killed innocent and peaceful protesters opposing the bill.

The Police Reforms Working Group-Kenya (PRWG-K) reported a nationwide death toll of 23 due to police shootings as of the evening of June 25. These deaths occurred this week alone, excluding the two fatalities recorded last week. Similarly, the Kenya National Commission on Human Rights (KNCHR), a state body, reported that police killed 22 people nationwide.

Injuries

Ruto further claimed that only 214 people were injured during the tax protests. However, PRWG-K and KNCHR data indicate that the police injured 300 protesters, 86 more than Ruto's figure.

Arrests

Still, Ruto did not disclose the number of protesters arrested by the police during protests, merely stating that "all were processed and released" to avoid backlash over the regime’s misconduct. The Independent Medical Legal Unit (IMLU) reported that police unlawfully arrested 98 people. Of these, 56 were bailed out by the Kenya Human Rights Commission (KHRC), the Law Society of Kenya (LSK), and the Defenders Coalition, while the police released the rest unconditionally. During last week's protests, police arrested 385 people, who were later released unconditionally.

Enforced disappearances

Between June 21 and June 25, security agencies abducted 22 people, according to PRWG. Ruto omitted the number of abductions in his speech. The number of abductees could be higher, as PRWG-K is verifying two more possible abductions reported after Ruto’s address. According to LSK President Faith Odhiambo, on June 26 and 27, respectively, Nyamweya Oginga and Regis Wanjala were abducted, reportedly connected to the tax protests.

Ruto underreported the number of deaths and injuries and failed to provide accurate figures on arrests and enforced disappearances. This is tantamount to avoiding accountability for the actions of the security agencies.

Illegal KDF deployment

When Ruto spoke, he did not announce the Kenya Defense Forces (KDF) withdrawal from the streets despite their illegal deployment. The law requires National Assembly approval for such deployments, but Defense Cabinet Secretary Aden Duale deployed the military on June 25 and sought MPs' approval a day later.

Even if Duale had followed the law, deploying the KDF to harm Kenyans is immoral, unacceptable, and unnecessary. This misuse of the military follows a pattern; Duale deployed the KDF on February 15, 2023, to fight banditry in the North Rift without parliament’s approval.

Access to information

In violation of Article 35 of the Kenyan constitution, the regime responded to these peaceful protests with misinformation, false accusations, and limited access to public information about the casualties.

'Withdrawal' of Finance Bill, 2024

The Finance Bill, 2024 and its subsequent passage fueled protests. Ruto, however, failed to follow Article 115 of Kenya’s constitution when he announced that he and government-allied MPs had "agreed to withdraw the bill." Ruto’s statement usurped the legislative process. Despite claiming to have withdrawn the bill, Ruto was the first to thank MPs for passing it, indicating a lack of commitment to listening to Kenyans' concerns.

We, therefore, demand the following:

1. Ruto must take political responsibility for all the atrocities committed under his leadership during the protests.
2. The regime must ensure police atrocities that have caused deaths and injuries cease.
3. Those accountable for the atrocities against peaceful protesters, including Inspector-General of Police Japhet Koome, Director of Criminal Investigation Mohamed Amin, former Nairobi Police Commander Adamson Bungei, and all police commanders in areas where atrocities took place, must face prosecution. Individual police officers involved must also be held accountable under the law.
4. The regime must uphold freedom of expression and assembly, ensuring that Kenyans can protest peacefully without facing police brutality, as Article 37 of the Kenyan Constitution guarantees.
5. The regime must cover medical expenses and psychosocial support for injured protesters. It should also bear the burial costs for those who lost their lives during the protests.
6. Any protesters still in unlawful police custody due to arrest or abduction must be released.
7. MPs must reject the Finance Bill, 2024, per Article 115 of the constitution.
8. The regime must provide full redress to all individuals harmed by police violence during the protests, in line with the UN guiding basic principles and guidelines on the right to remedy and reparations.
9. KDF must immediately return to the barracks, and arbitrary deployments must cease. CS Duale must be relieved of public duty for violating the law.
10. The Commission and Administrative Justice must ensure unfettered access to information. KNCHR should continue to document and respond to human rights abuses.
11. To ensure a guarantee of non-repeat, the regime must adhere to Article 4 (2) of the Constitution, affirming Kenya as a multi-party democratic state founded on national values and principles of governance in Article 10.

We stand in solidarity and commend the Kenyan youth who came out in large numbers to defend our rights by rejecting the punitive Finance Bill, 2024. This is our constitutional right, per Article 37 of the Kenyan Constitution.

As we mark the International Day in Support of Victims of Torture today, we are faced with a grim reminder of the dark days that Kenya faced before—killings, maiming, abductions, and disruptions of demonstrations.

The police shot young, unarmed protesters outside parliament, with the shootings and killings going into the night. Reports show that police shot several people in Githurai in Nairobi—one over 40 times—between 10 pm and 1 am, way after the protest ended.

We believe that the massacre that happened in Githurai was fueled by an inciteful, and insensitive address President William Ruto gave yesterday at State House. Ruto spoke at 9 pm and threatened Kenyans, and the massacre started at 10 pm.

The killings were further exacerbated by the deployment of the Kenya Defense Forces (KDF)—an illegal deployment per Article 241 (2, c) of Kenya’s Constitution, which requires the National Assembly first to approve such deployment.

As of yesterday evening, the Police Reforms Working Group (PRWG) recorded 23 deaths caused by police shootings nationwide. There were over 50 arrests, 22 abductions and over 300 injuries. Reports reaching us also indicate that police opened fire and killed several people in Githurai, Nairobi, last night.

Responsibility for these killings lies squarely with Ruto, even though he was not present on the street. He cannot escape accountability. Adamson Bungei, the immediate former Nairobi police commander, is equally liable.

Ruto has overseen a planned and executable massacre against peaceful protesters who came out across the country to protest the punitive Finance Bill, 2024.

These shootings, killings and abductions constitute crimes against humanity, making Kenya’s President, Ruto, yet again, a candidate for the International Criminal Court (ICC).

In Ruto’s address to the nation last night, he referred to the protests as treasonous acts. We want to clarify that it’s not protests and protesters who are treasonous. It is Ruto’s actions that are treasonous, as demonstrated by his failure to listen to the public’s grievances, illegal deployment of the military and the use of snipers to shoot, maim and kill unarmed protesters, among others.

Ruto also blamed the destruction of property on protestors. The protection of property and lives is vested in the state and, not citizens. Therefore, the destruction of property that happened was a security failure on the part of the state and this regime should take the blame.

Article 1 of Kenya’s Constitution says, “All sovereign power belongs to the people”. Therefore, when Kenyans poured into the streets yesterday in their numbers, they took back their power.

Parliament is Kenyans’ property. Anyone can access and occupy it because Kenyans hold the power. Police, at no point, are allowed to blast people’s heads, killing them inhumanely because they have occupied their rightful house.

We remind the president that Kenyans have vested him with authority. He should, therefore, respect the people's will and constitutional rights. He must stop threatening Kenyans—there is nothing treasonous in Kenyans coming out to protest.

The claims that the protests are funded by external forces is a misguided and deliberate attempt by Ruto’s regime to spread a narrative that delegitimizes an organic, independent protest that has connected young people countrywide on the punitive Finance Bill, 2024 and other key governance issues.

Ruto must not sign the punitive Finance Bill, 2024 and pay attention to the concerns of Kenyans on governance issues. The right to assembly and picketing is a constitution provision.