FOR IMMEDIATE RELEASE

STATEMENT CONDEMNING VIOLENCE DURING RECENT PROTESTS AND CALLING FOR PROTECTION OF CIVIC SPACE.

Nairobi, 4^th July 2024.

We, The Police Reforms Working Group Kenya (PRWG-K), extend our sincere condolences to the families and friends of the 39 individuals who lost their lives in the recent protests. We also pass our condolences to police officers who has lost their lives and others critically injured during these protests. We also express deep concern and solidarity with the 361 injured, 627 arbitrarily arrested, and 32 forcibly disappeared, as reported by the Kenya National Human Rights Commission (KNHRC) on 1^st July 2024. These numbers may have gone up following the protests on Tuesday 2^nd of July 2024. Our thoughts are with all those affected during this difficult time. We stand with you, offering our support and unwavering solidarity and commitment to seeking justice.

We strongly condemn the violence witnessed during the recent protests in Kenya, which has resulted from both the excessive use of force by law enforcement and the presence of what appears to be hired goons. The police’s use of lethal crowd control weapons like water cannons, tear gas, and live ammunition against peaceful demonstrators has led to unnecessary injuries and fatalities, escalating tensions and undermining the citizens’ rights to assemble, demonstrate, picket and petition which is enshrined in Article 37 of the Constitution of Kenya, 2010.

This comes on the backdrop of a recent court order which barred police from using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any other form of violence or committing any extra judicial killings, arrests, abductions, detentions, harassment, intimidation, torture, cruel, inhuman and degrading treatment against peaceful protesters.

Moreover, under the Public Order Management Act, the police have a fundamental obligation to uphold public safety and facilitate peaceful protests while enforcing regulations to prevent disruptions. However, we express deep concern over recent events where the police have failed to uphold this duty, resulting in the involvement of hired goons committing robberies, assaults, and looting. Who is hiring the goons to discredit and delegitimatize protestors and justify the use of excessive force by the state that has contributed to widespread chaos? Such actions undermine the credibility of peaceful demonstrations and constitute severe violations of human rights and democratic principles. Immediate accountability is imperative to restore order and uphold the rule of law. It is essential that the Independent Policing Oversight Authority (IPOA) ensures those responsible for these actions are held accountable swiftly and transparently, ensuring that citizens’ rights to peacefully assemble and express their grievances are protected and respected.

We strongly condemn the actions of these hired goons who have engaged in looting and destroying property, resulting in wanton destruction and significant loss of livelihood for thousands of

individuals and businesses. These reprehensible acts not only undermine public safety but also inflict severe economic and emotional harm on our communities. We stand in solidarity with business owners who have suffered losses due to these criminal activities. It is essential that those responsible for these actions are swiftly brought to justice to restore confidence, protect businesses, and ensure that such incidents do not recur.

Moreover, the deepening infiltration and deployment of these goons has had severe consequences, including the assault of police officers, which we strongly condemn as per Section 103(2) of the National Police Service Act. The infiltration has also led to the withdrawal of the services of Medics for Kenya, a volunteer group of doctors and other medical personnel who were providing emergency services during the protests. This withdrawal has left many without critical medical support, as these medics were forced to cease their operations across the country.

Further, the continued state attack on Kenya’s civic space through increased targeting of human rights defenders and activists is a deeply troubling development documented extensively in the media. This escalating scrutiny threatens to stifle the vital role that civil society plays in a functioning democracy. By targeting those who advocate for justice, transparency, and accountability, the state is not only infringing on individual freedoms but also eroding the foundation of democratic governance. The intimidation and harassment of activists and human rights defenders create an environment of fear and repression, effectively silencing critical voices and closing the civic space essential for holding the government accountable. It is imperative that the state respects and protects the rights of these individuals to ensure the continued health and vibrancy of Kenya’s democracy.

We remind the state of its duty to ensure that during protests, the police have a critical duty and obligation to maintain public order and safety while respecting and protecting the rights of citizens to assemble and express their views peacefully. As enshrined in Article 244 of the Constitution of Kenya, law enforcement officers are mandated to adhere to the principles of transparency, accountability, and respect for human rights. This includes ensuring that their response to protests is proportionate and lawful, avoiding the use of excessive force, and distinguishing between peaceful demonstrators and those engaging in criminal activities. The police must facilitate peaceful protests, protect protestors, medical, media and other professionals from any harm, and prevent infiltration by malicious actors. Upholding these responsibilities is essential to fostering trust between law enforcement and the community, and to safeguarding the democratic principles that allow for free expression and civic engagement. This is part of the obligation and commitment of the government under the recently commenced Public Benefits Organisation Act.

Therefore, we call on the government to:

1. Protect Kenya’s civic space and ensure the safety of human rights defenders and
2. Instruct law enforcement officers to uphold their duty to protect public order and safety during assemblies and demonstrations as per Article 244 of the Constitution of Kenya.
3. Ensure accountability for those responsible for the violence and opportunistic crimes during the protests.
4. Facilitate open dialogue with citizens to address the root causes of the protests and work towards meaningful solutions.

The state must act decisively to restore peace and order while respecting the fundamental rights of its citizens. Together, we must strive to build a society that values justice, transparency, and the protection of human rights for all. Together, we must strive to build a society that practices National Values and Principles of Governance and UTU.

This statement is signed by the Police Reforms Working Group-Kenya, an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. They include:

Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Inuka Ni Sisi, Democracy Without Boarders-Kenya Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ), Peace Brigades International Kenya. (PBI Kenya)