Read Full Report

Peaceful protests are recognized as potent advocacy tools that enable protesters to express dissatisfaction with current situations and assert demands for social, political and economic change. The conspicuous nature of protests and the  accompanying public pressure gives  them the potency to prompt policymakers to take tangible steps and actions to address the grievances raised.

Th right to protest has been cherished in Kenya, both during the colonial era and after independence. In the current constitution, the right to protest is protected in article 37 which stipulates that ‘every person has a right, peaceably and unarmed to assemble, to demonstrate, to picket and to present petitions to public authorities’. Despite this, the enjoyment of this right is still often routinely curtailed by the state and state agents. Although both male and female human rights defenders (HRDs) bear the brunt of the state and state agents as the latter clamp down, often violently,  on protestors’ rights to peaceful protest, women, children and other vulnerable groups and minorities suffer disproportionately whether directly or indirectly when compared to men.  This study was thus conducted to examine this gendered nature of the right to protest in Kenya from the experiences and perspectives of women human rights defenders (WHRDs).

This project employed a cross-sectional mixed-method study design involving qualitative and quantitative methodologies comprising of surveys (quantitative) and in-depth interviews (IDIs)  and focus group discussions (FGDs) qualitative))  with WHRDs.

This study confirmed that WHRDS  have been active participants peaceful protests with over 80% of them having engaged in peaceful protests in the last two years. Less than half of them however participated in the protests that were organized by the opposition parties in 2023 against the cost of living. Among the reasons for their lack of participation were unavailability,  lack of interest, fear of police brutality, the politicization of the protests, fear of arrests  and lack of security for the protests. In their last engagement in protests, 39% stated they were violently dispersed by police. A third of the WHRDs stated that they were arrested and or detained, with a similar percentage stating that they fell ill or got injured during the protests. 46% of the WHRDs observed there was insufficient police security during the protests, which  exposed them to harassment by agent saboteurs within protests who joined the demonstrations with ulterior motives, such as to rob protestors or even rape women. In spite of the difficulties encountered  during the protests, over 70% of the WHRDs stated that they would still participate in peaceful protests in future.

Most of the WHRDs reported that they had the approval and support of their spouses, close family members, community and society in general to participate in peaceful protests. 40%  of the WHRDs stated that the law enforcement agents did not support their participation in peaceful protests while 15 % were unsure of what the position of the law enforcement agents was with respect to their participation in peaceful protests.

Most of the WHRDs cherished and defended their rights to participate in peaceful protests. However two key challenges remained unresolved: insecurity and the sexualization of their activities  by law enforcement agents. Most of them observed that there was inadequate security for them during the protests which exposed them to criminal gangs disguised as protestors.

The primary responsibility for ensuring effective protection and a safe enabling environment for women human rights defenders during protests lies with the state. The state must work with WHRDs and other institutions and mechanisms to strengthen legal, policy, administrative and institutional frameworks to ensure effective protection of women during protests. Moreover, civil society organizations that support and promote civil liberties should identify and recognize the specific gendered needs of women human rights defenders and refrain from taking a general approach to the protection of human rights defenders.

Read Full Report