EXECUTIVE SUMMARY
Findings of the Report
Several key issues emerge in the report. First, since 2003, the legal, policy and administrative space
for HRDs in Kenya has deteriorated. An increasingly antagonistic relationship between civil society
and government has prevailed, triggered by among other things Civil Society Organisations’ (CSOs)
advocacy in favour of the Kenyan cases before the International Criminal Court (ICC) and CSOs’
demands for respect for rule of law in security operations.
Second, as a result of CSOs and HRDs advocacy activities, the State has pursued retrogressive measures that curtail the work of HRDs and CSOs through the enactment of laws that criminalize their work.Legislation such as the Security Laws (Amendment) Act (SLAA) 1 and attempts to amend the Public Benefit Organisations Act2 before it comes into force, points to the State’s determination to control the operation of CSOs in Kenya.
Third, the media, including social media, has also borne a heavy burden of restrictive laws such as the SLAA, the Kenya Information and Communication (Amendment) Act, and the Media Council Act4 .
Fourth, physical attacks, killings, and intimidation of HRDs, allegedly committed by state and nonstate
agencies, have also been on the rise.
Finally, HRDs at the grassroots level also face challenges while championing for among others, accountability, respect for discriminated and marginalised groups and land rights within their localities. They have been harassed by local administrators and other private actors and in some cases they have faced what appear to be false charges aimed at intimidating them into silence. Due to the remoteness of their areas of operations, issues affecting local HRDs are not given national media attention. These trends notwithstanding, HRDs have remained unbowed and have spared no opportunity in appropriate cases to approach the courts to vindicate their rights.
Since the promulgation of the Constitution of Kenya in August 2010, several landmark judgements, relevant to the work of HRDs, have been delivered by the courts and in most cases, the courts have rendered decisions that uphold human rights. However, the prevailing state of conflict between HRDs and the State is no longer tenable and needs to be urgently addressed by all stakeholders.
In particular, the Government needs to demonstrate its commitment to uphold the human rights of
every citizen, including HRDs, and take necessary measures to enhance the social, political, legal, policy and administrative environment for HRDs in Kenya. This duty is in line with government human rights obligations as enshrined in the Constitution, international human rights treaties and regional conventions ratified by Kenya and the UN Declaration on the Right and Responsibility of Individuals Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms commonly known as the UN Declaration on Human Rights Defenders.