As we close the Fourth Civic Space Protection Summit, which coincides with the second anniversary of the Kenya Kwanza regime, we wish to express our disappointment over the troubling current state of civic space and governance in Kenya. This is even as Kenya joined the other countries in celebrating the International Day of Democracy on September 15, 2024. Over the past 24 months, the state has demonstrated that it has no regard for the Constitution, independent oversight bodies, or civil society.
Defiance of court orders and people’s wishes by senior state officials continue to be one of the key challenges to advancing civil liberties in the country. We condemn this culture of impunity and expect the immediate-former acting Inspector-General of police, Gilbert Masengeli, to lead by example by obeying the court order and present himself to the Commissioner General of Prisons to begin serving his six-month sentence. If Masengeli fails to do this, Kenyans will expect the Interior Cabinet Secretary, Kindiki Kithure, to initiate steps to have him committed. The primary reason for the court summons against the Masengeli is to ensure that the three people abducted in Kitengela—Boby Njagi, Aslam Longton and Jamil Longton—are produced in court. We still demand their immediate, unconditional release. Should the Interior CS fail to initiate the steps to commit Masengeli to prison, we urge the public to initiate citizens' arrest against the immediate-former acting IG. We also demand a stop to the police-led persecution of Boniface Ogutu, an activist in Kisumu who has been leading pro-accountability protests in the county.
Still, the right to peaceful protest, enshrined in Article 37 of our Constitution, remains under severe attack. Recent events, such as the protests over the 2024 Finance Bill, have shown that extrajudicial killings, arbitrary arrests, and abductions by state actors have become far too common. We are reaffirming our stance that these violations must end. We will continue to hold security agencies accountable for their actions and demand justice for those whose rights have been violated. The Assemblies and Demonstrations Bill of 2024, which is on the floor of the National Assembly, indicates that the state has no intention of implementing the Constitution. Over 60 civil society leaders and human rights defenders have lost their lives over the past two years. We demand the suspension and interdiction of the police officers involved in these criminal acts and continued harassment and abductions. We further condemn the police actions against Trever Mathege Mureithi, a first-year student at Multimedia University who was severely injured and had teargas canister lobbed at him at close range. He is currently admitted to a medical facility in critical condition. The use of such lethal crowd control weapons by the police has been normalized despite a court order banning their use.
Today, despite the robust framework on public participation under the Constitution, we continue to witness the state’s deliberate and negligent abdication of its duty to engage the public in the development process, especially those with negative consequences for taxpayers. As such, over the past months, we have witnessed the erosion of fiscal accountability, observing how mismanagement of public resources directly impacts human rights. The last two years have shown us that authoritarian leadership and corruption are not just a fiscal issue but a human right. The mismanagement of public funds, widespread corruption, and the intimidation of oversight institutions violate our right to transparent governance and limit the government's ability to provide essential services to its citizens. The recent case of Adani, which wants to take over JKIA, is a classic example of a state's deliberate effort to subvert the constitution to the benefit of a few. We want to call for stronger independent institutions, greater accountability, and an end to the misuse of state agencies to suppress dissent.
Kenyans, our country have some of the most vibrant digital activism globally. However, while young people have embraced this space, the state has continued to use repressive tactics and administrative actions to suppress freedoms. State surveillance that leads to abduction, cyberbullying, and propaganda has led to self-censorship. We stand firm in our commitment to defend digital rights and ensure that the internet remains a space for free expression, advocacy, and civic engagement.
We wish to end by reaffirming our strong position in our mission to protect, promote, and expand civic space in Kenya. The road ahead may be tough, but we are resilient. Our democracy depends on it.
