Situation of Human Rights Defenders in Kenya

Delivered by Francis Ndegwa, Advocacy Manager

Mr Chair, Honorable Commissioners and Fellow Delegates;

Human rights defenders (HRDs) play a critical role in society in the protection and promotion of human rights which is integral to the success of this commission and human rights instruments in various levels.

Since the last session of this Commission, the National Coalition of Human Rights Defender sin Kenya, which is popularly known as Defenders Coalition, has been monitoring the situation and operating environment of human rights defenders in Kenya and would like to bring the attention of the commission the following issues on their shrinking civic space and safety concerns:

1. Threats to Freedom of Association:

Due to the COVID 19 mitigation measures introduced by the government of Kenya since March 2020, there continues to be sustained limitations to freedom of association and attacks on institutions and minority groups.

On 7^th April 2021, Police invaded the Communist Party of Kenya offices and arrested 12 people among them HRDs who were organizing for a demonstration against locking down the country without relief measures to cushion Kenyans against the effects of COVID 19. They accused the party of organizing a demonstration against the government guidelines in combating the spread of COVID 19 pandemic.

There continues to be attacks against the LGBTQ+ community with some influential quarters blaming them on the outbreak and spread of COVID 19. Such assertions have left SOGIE HRDs and SOGIE organizations, who are at the forefront in defending the community, vulnerable to attacks that include break in to their offices and homes, threats, intimidation and evictions from their residences.

2. Threats to Freedom of Expression

Further, in light of severe restriction of the right to assemble, individuals that resorted to use different forms of expressing their concerns, especially social media platforms, were targeted for arbitrary arrests and malicious prosecution. The Computer Misuse and Cybercrimes Act was severely used to criminalize bloggers, journalists and members of public that used this platform for advocacy

Freedom of the media, information and expression continue to be one of the vulnerable areas for HRDs as this means their power to communicate is being stifled.

3. Threats to Freedom of Assembly, Demonstration and Picketing:

Increased attacks on HRDs continued to be recorded within the period with article 37 on the right to peaceful assembly recording the highest number of violations. The period saw 37 HRDs arrested and charged with, amongst others, contravening COVID regulations. This came after HRDs attempted to speak against human rights violations occurring in the country with regards to misappropriation of COVID funds and institutional malpractices.

4. Threats to Security of Person:

HRDs working on environmental rights, holding businesses and corporations into account, and those working on land matters found themselves in constant conflict with the law. Arbitrary arrests, and prosecution arising from trumped charges was regularly used against HRDs in Murang’a, Kilifi and Kwale counties. A National Lands Commission official, who was key witness in a corruption related matter was found murdered on 15^th March 2021.

On 8^th December 2020, an activist from Njoro – Nakuru County, Paul Ndirangu[1] was found murdered and his body dumped in Ndarugo River in Nakuru. He had earlier on reported two cases of threat to his life in the area police station. Although the directorate of criminal investigations claimed they had commenced investigations to the case, there has been no reported progress in the investigations. The HRD community is apprehensive that the state has no intentions to arrest and hold the killers of the HRD to account.

Missing Voices Coalition has documented various cases[2] of enforced disappearances and extrajudicial killings of people during in the enforcement of law and government directives. This has created an environment of fear among HRDs with serious impact in the promotion and protection of human rights in the country.

5. Independence of the Constitutional Commissions

Independent commissions like the Kenya National Commission on Human Rights (KNCHR) mandated to hold the government accountable on the protection and promotion of human rights, continues to operate without commissioners and with limited funding.

Recommendations:

1. The government of Kenya earnestly concludes the investigations to the killing of Paul Ndirangu and publicly pronounce the progress of the investigations.
2. That the government of Kenya supports efforts for the implementation of the Bill of Rights in the constitution and protect HRDs from attacks and CSOs from threats of deregistration and other administrative actions.
3. That African Commission on People and Human Rights comes up with a resolution to compel the government of Kenya to ensure safety and security of human rights defenders in Kenya and the region.
4. The government of Kenya to advertise and recruit commissioners for the Kenya National Commission on Human Rights.

[1] Defenders Coalition Urgent Appeal on the Killing of Paul Ndirangu: https://defenderscoalition.org/urgent-appeal-for-action-on-the-murder-of-activist-paul-ndirangu-kioi-of-njoro-posta/

[2] Missing Voices 2020 Annual Report; The Brutal Pandemic: https://missingvoices.or.ke/mvoicesarticle/the-brutal-pandemic-report/