PRESS RELEASE: OBSTINATE VIOLATIONS OF THE RIGHT TO PEACEFUL ASSEMBLY PERSISTS, OPENING A NEW FRONTIER OF SAFETY RISKS TO HUMAN RIGHTS DEFENDERS IN KENYA
Nairobi, 7 th July 2021
Defenders Coalition strongly condemns the arrest and incarceration of nine (9) Human Rights Defenders (HRDs)- Wilfred Olal, Erick Omuono, Erick Andati, Julius Kamau, Bosire Micheka, Mohammed Ismael, Kennedy Onyango, Wendy Wakesho, Boniface Muranda in the morning of 7th July 2021 at the Central Business District of Nairobi.
The five were arrested by arrest-and-violence-thirst police officers who took them to different police stations. five (5) were taken to City Hall Police station, One (1) to Kamukunji Police Station and three (3) to Central Police Station. The nine were picked from hundreds of other human rights defenders who were taking part in a peaceful assembly to commemorate Sabasaba March themed #SabaSabaMarchForOurLives and #JobsOrRevolution.
Worryingly, is the manner in which the gatherings to commemorate the day were dispersed. Violence in the form of tear gas was meted at other peaceful assemblers who had to scamper for safety.
Defenders Coalition in partnership with the Kenya National Commission on Human Rights and Kenya Commission on Human Rights have ensured the release of the arrested HRDs. Defenders Coalition provided both legal representation and cash bail for all, KHRC supported the legal representation of those arrested and detained at City Hall and KNCHR offered legal representation for those who were detained in Central Police.
The arrested HRDs now face trumped up charges including contravening the Public Order (State Curfew) Order 2020 and are to appear in court for the mention of their cases on 25 August 2021. Two of the three HRDs detained at Central Police have been released after paying cash bail and are expected to report back to the said police station on 8 July 2021. The HRD detained at Kamukunji was released without any charges preferred against him. However, Boniface Muranda (Detained at Central Police station) will remain detained due to “orders from above” and by the virtue of providing a vehicle that provided public address and roadshow services to the HRDs.
The Executive Director of the Defenders Coalition Mr. Kamau Ngugi has noted that the Public Order (State Curfew) Order 2020 is now the most preferred tool for arbitrarily arresting human rights defenders to intimidate, harass and delegitimize their work of promoting human rights in Kenya.
“The unprovoked arrest and violent dispersion of peaceful arresters has become a norm among security agencies in recent months. Similar arbitrary arrests of HRDs were witnessed in January where four HRDs were arrested in the middle of reading a press statement on the situation of human rights in Uganda elections”
Defenders coalition also notes that security officers have blatantly refused to give security to peaceful protestors even after notifying them of upcoming peaceful assemblies and as required by the law.
In January 2021, HRDs Mr. Khalid Hussein (Executive Director of HAKI Africa), Ms. Beatrice Waithera and Mr. Ojiro Odhiambo were arrested for organizing a press conference at Uganda House to call on the Ugandan Government to denounce Ugandan police brutality, electoral injustice, to respect international Human Rights law and laws of Uganda during the presidential ballot in Uganda. The three were charged with unlawful assembly.
on 7 July 2020, 63 HRDs from various social justice centres across Nairobi who had staged a commemorative event of the Sabasaba and to reflect on the dissident conduct of the government towards the adoption of one of the most progressive constitutions in the world were similarly violently arrested and charged with contravening public order regulations.
On June 9 2020, Collins Ochieng and Samuel Gathanga of Ruaraka Social Justice Centre, were arrested and detained at the Central Police Station. They were arrested by police officers shortly after delivering a petition to Parliament regarding police brutality within informal settlements in Nairobi. The two were booked in with charges of failure to keep social distance and failing to wear face masks contrary to the directives given for managing spread of COVID-19.
Sabasaba is a day from 31 years ago when gallant Kenyas brazed teargas, beatings, injuries, torture to say no to dictatorship by Marching to Kamukunji grounds to call for liberation from the then ruling regime. The charges were later dropped as they were malicious.
Defenders Coalition is concerned that intimidation and harassment of rights defenders is becoming the norm in Kenya despite assurances by senior police and government officials of cordial engagement between police carders, ordinary citizens and rights champions.
Defenders Coalition calls on :
DEFENDERS COALITION
*ENDS*
Photos Courtesy @IMLU
