The Gambia, Banjul
Item 3- Human Rights Situation in Africa
25th April 2022
Statement by National Coalition of Human Rights Defenders- Kenya (Defenders Coalition)
Mr. Chair, distinguished Commissioners, State Delegates, and representatives of NHRIs and NGOs.
On behalf of the National Coalition of Human Rights Defenders -Kenya (Defenders Coalition), I would like to thank the Commission to raise some of our concerns about the state of human rights and the safety, security, and well-being of human rights defenders in Kenya.
General Overview
Kenya is set to hold the general elections in August 2022. The pre-election period has been characterized by grave violations, including extrajudicial killings, enforced disappearances, heightened gender-based violence primarily against women and girls, stifling of the right to peacefully assembly and picketing, and an increased intolerance towards the LGBTQI persons that is leading to violence and murder.
The election period provides a critical opportunity for citizens to advance democracy and encourage citizen participation in governance through the election of leaders who advance the citizenry’s aspirations. For elections to be meaningful, citizens must have the ability to enjoy their right to free speech, association, and right to privacy, peacefully assemble, as well as to live in safety anywhere in the country without discrimination irrespective of their ethnicity, religion, gender, or political opinion.
Kenyan political landscape has however been marred by violence targeting ethnic and political groups that are/or are perceived to have a different political opinion from the majority group during election periods. Violence that resulted in death, injuries, and destruction have been documented in various elections periods in Kenya ever since 1992. This is often instigated by the political class that through hate messaging and mobilization exploits social fissures within the Kenya society that are informed by our diversity in ethno-culture, religious, and resource capacities. The backdrop currently shows signs of bouts of violence and extremism that raise concern and call for action.
Mr. Chair we would like to bring the following issues to your attention,
Access to Information and freedom of Expression
Freedom of assembly and expression have been constantly violated by the state. There are documented cases that are ongoing in court and others that have been recently concluded where the Judicial officers have made harsh pronouncements on sentences against HRDs especially those charged under violations touching on the right to protest despite the constitution providing for and protecting the citizen’s right to freedom of expression and picketing .Four HRDs were arrested in Nairobi and charged with illegal assembly and assaulted during arrest yet the constitution provides for peaceful demonstration.
Freedom of Association & Article 11- Freedom of Assembly
In the reporting period, the Magistrate Court in Mombasa found six activists guilty of illegally gathering and failing to maintain physical distances in a public place contrary to the covid-19 measures. A land rights activist was also sentenced to six (6) months with other HRDs being arbitrarily arrested and trumped-up charges preferred against them even as they exercise their right. In some instances, police have been seen using force to violently disperse crowds and, in the process, continue to further violate human rights. Cases of HRDs arrested and exposed to physical violence by law enforcement while carrying out peaceful protests have been on the rise. Defenders Coalition also noted an increase in cases of femicide, digital and physical violence against women in Kenya
Right to Privacy
Kenya’s Data Protection Act 2019 sought to give effect to Article 31 of Constitution of Kenya which provides for the fundamental right to privacy. The introduction of compulsory sim card re-registration in April 2022 irked Kenyans with threats of de-registration of individuals’ sim cards as well as hefty punitive penalties for those who defy the registration. The Kenyan Government has continued to wield pervasive power to invasively collect citizens’ data whereas Kenyans have witnessed data breaches that have led to irregular sharing of their data with third parties as witnessed by the many private persons registered under political parties without their knowledge and consent. The government still lacks in safeguarding citizens’ data, which is a worrying trend in this digital era.
In light of these updates and observations, we urge the African Commission on Human and Peoples’ Rights to: