The National Coalition of Human Rights Defenders–Kenya appreciates the opportunity to address the Commission on the situation of human rights defenders and civic space in Kenya.
Honourable Chairperson,
We welcome the High Court decision declaring section 95(1)(b) of the Penal Code, being the offence of creating disturbance likely to cause a breach of the peace unconstitutional. This offence had been used to target and harass human rights defenders during peaceful assemblies across the country.
We remain deeply concerned about the rise in attacks against human rights defenders, including cross-border repression within the East African region. In October 2025, two Kenyan human rights defenders were abducted in Uganda, held incommunicado for 38 days, and reportedly tortured while in custody. In February 2026, a Tanzanian human rights defender survived an attempted abduction in Nairobi, allegedly linked to foreign operatives.
Human rights defenders are also facing a growing threat through the abuse of immigration processes, including denial of entry and deportations carried out without due process or legal justification. These actions point to a coordinated effort to silence those defending rights and freedoms in the region, thus setting a dangerous precedent, underscoring the need for a comprehensive response and redress.
The criminalization of human rights defenders remains a major concern. HRDs and youth activists continue to face arbitrary arrests, trumped-up charges, intimidation, and the misuse of anti-terrorism laws all for exercising their constitutional rights and freedoms.
We are alarmed by the increasing number of deaths in police custody under unclear circumstances, and the continued lack of accountability and redress for victims and their families.
Cybercrime laws and proposed amendments to communications legislation raise serious concerns over freedom of expression, privacy, and surveillance. While we welcome recent progressive court decisions that protect peaceful assembly and civic action, intimidation of civil society actors and dissenting voices persists.
We note positive developments, including measures to address gender-based violence and femicide, as well as legal reforms that protect intersex persons and persons with disabilities. However, women and girls—including women human rights defenders—continue to face violence, while sexual and gender minorities continue to experience discrimination and insecurity.
We are further concerned by the rise of use of criminal gangs that infiltrate peaceful assemblies and attack citizens with apparent impunity. This particularly concerning as Kenya approaches the 2027 General Elections.
We take note of the proposed draft HRD Deceleration, we however encourage the African Commission to revisit the proposed Declaration and ensure it is developed through an inclusive, consultative process that affirms equality and non-discrimination. The Declaration should recognise and protect the full diversity of human rights defenders so that no defender is excluded from protection.
The National Coalition of Human Rights Defenders Kenya, therefore calls upon the African Commission to urge the Government of Kenya to:
- Protect human rights defenders by enacting a comprehensive legal framework;
- Investigate and prosecute all cases of abduction, torture, enforced disappearance, and extrajudicial killing;
- Respect and uphold the rights to freedom of expression, association, peaceful assembly, and privacy;
- End the weaponization of laws against civic actors and dissenting voices; and
- Guarantee a safe and enabling environment for civil society organizations and all human rights defenders.
Honourable Chairperson and distinguished Commissioners, protecting civic space and human rights defenders is essential to democracy, accountability, and justice in Kenya.