NAIROBI, 21 May 2020

POLICE BRUTALITY AGAINST KENYAN HUMAN RIGHTS ACTIVISTS ON THE RISE

The Kenya police from Naivasha in Nakuru county have arrested and seriously assaulted two Land Rights Activists who have been involved in ongoing legal battles with private developers over encroachment of public space and closing off public access corridors to Lake Naivasha.

Private developers that include Hotels and Flower farms, own huge tracts of land along the shoreline and thus have closed off access roads to the lake affecting livelihoods of poor local communities that engage in fishing and tourism.

Community members from Karagita have, through the White Eagle Development CBO and Haki Jamii Rights Centre, petitioned the County Government of Nakuru to intervene and ensure reopening of the access corridors to the lake.

On Friday May 15, 2020, Kongoni Police Station OCS supervised the brutal beating and arrest of seven members when they protested dumping of garbage and blocking of one of the lake access roads that took place in the night of 14 May 2020 despite a court order prohibiting such action.

Two of the activists were brutally assaulted and injured by police officers during the arrest before being detained at a quarantine facility to allegedly “teach them a lesson”. The other five arrested members were briefly detained at the Naivasha central police station before being arraigned in court the same day.

The activists were detained for five days at Naivasha Girls Secondary School, a public health quarantine facility, before they were taken to court in Naivasha on 20th May where they were charged with several criminal offenses including incitement to violence, resisting arrest, assaulting a police officer while resisting arrest, creating disturbance in a manner likely to cause a breach of peace among others. They denied the charges.

The court has ordered their release on bail pending hearing of the multiple criminal charges preferred against them. The Court further ordered that the first accused, who suffered injuries following police beating during the arrest to access medical attention.

The OCS Naivasha Central and OCPD refused one of the activists (Paul) to record a complaint of assault on 21st May 2020 and refused to issue him with P3 Form which is required to access treatment at a public hospital and pursue justice.

Defenders Coalition condemns the persecution of the human rights defenders by law enforcement officials. The violence meted on the two officials and other aggrieved community members during the arrest, their detainment at medical quarantine and the charges preferred fall into a pattern of punitive actions directed at human rights defenders who demand justice, speak truth to power or question police misconduct.

Defenders Coalition demand that:

1. The court ordered directives regarding public access to Lake Naivasha be respected. The County Government of Nakuru to ensure protection of public and communal spaces;
2. The two HRDs assaulted by the police be facilitated to access medical assistance and to record a complaint of assault;
3. The Independent Policing and Oversight Authority (IPOA) to conduct an investigation on the police brutality and bring the perpetrators to account;
4. The Office of the Director of Public Prosecutions (ODPP) not entertain prosecuting of HRDs on tramped up charges by the police. The charges should be dropped;
5. Hold police commanders who supervise assault on HRDs and or denied HRDs to record a complaint of assault to be held to account.

Defender Coalition