SITUATION OF HUMAN RIGHTS DEFENDERS IN KENYA – STATEMENT AT THE 85TH SESSION OF THE AFRICAN COMMISSION OF HUMAN AND PEOPLES’ RIGHTS (ACHPR)

85^th ORDINARY SESSION

THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS,

BANJUL, THE GAMBIA

STATEMENT BY THE NATIONAL COALITION OF HUMAN RIGHTS DEFENDERS – KENYA (DEFENDERS COALITION), TO THE CHAIRPERSON OF THE AFRICAN COMMISSION OF HUMAN AND PEOPLES’ RIGHTS (ACHPR)

Observer Status Number: OBS 500

Thank you, Chairperson,

Honourable Chairperson, Commissioners and Distinguished Delegates.

Chairperson, The National Coalition of Human Rights Defenders—Kenya (Defenders Coalition) is grateful for the opportunity to deliver this statement on the situation of human rights defenders (HRDs) and human rights in Kenya.

This statement is covering the period between April and September 2025.

Kenya has a progressive Constitution that enshrines the Bill of Rights and is a signatory to several human rights treaties and conventions, including the African Charter on Human and Peoples’ Rights. Despite the robust legal framework, human rights violations and attacks on (HRDs persist. Among others, surveillance, threats, harassment, trumped-up charges, abductions, enforced disappearances and extrajudicial killings remain of concern.

Attacks on Human Rights Defenders

Peaceful protesters are not only met with disproportionate force by the police, but they are also arrested and charged with severe crimes like terrorism under the Prevention of Terrorism Act 2012, or robbery with violence under the Penal Code Cap 63. Vocal and critics against human rights violations, become victims abuse, threats and harassment. HRDs continue to be victims of trumped-up charges, pro-longed detention and high punitive cash-bails. In June 2025, three HRDs were arrested and accused of inciting violence, malicious damage to property, arson and non-adherence to the law. [1] They were detained for 5 days in custody while the prosecution conducted investigations.[2] The three were later released on a high cash bail term of KES 200,000, a very high amount which they could not access without the support of organisations that work with HRDs. In July, Boniface Mwangi, a HRD, was arrested and charged with terrorism, possession of ammunitions whereas another WHRD was charged with unlawful assembly, shop breaking and malicious damage to property. Of great concern is that the Office of Director of Public Prosecutions (ODPP) has been allowing such charges to be preferred against human rights defenders, even in the absence of sufficient evidence to support such claims.

On 2nd June 2025, software developer and human rights defender Rose Njeri, was arrested, and detained beyond 72 hours. Rose had developed a computer system that enabled easy citizen engagement with the proposed Finance Bill, 2025. She was accused of interfering with a computer system.[3] and was later released without any charges.

Cross-border human rights violations within the East Africa region have risen, with thus making the East Africa Community Region unsafe for HRDs. On 19th May 2025, human rights defenders Boniface Mwangi of Kenya and Agather Atuhaire of Uganda were arrested, detained and tortured by Tanzanian authorities when they had arrived in the country to observe the trial of opposition leader Tundu Lisu. These gross human rights violations against the two remain unaddressed by their respective governments.[4]

Two human rights defenders namely Bob Njagi and Nicholas Oyoo, were allegedly abducted and disappeared while in the Republic of Uganda on 1^st October 2025. It is now over 20 days since their disappearance. Their whereabouts remain unknown. Ugandan authorities continue to claim they do not have the two in custody. The two had been in Uganda to support the presidential candidate, Bobi Wine.

2. Police excess and abuse of power

Security agencies have persistently brutalized and deployed violence on peaceful protestors. As a result of such abuse and violations of human rights and freedoms of peaceful protesters, have resulted in deaths, serious injuries have been reported, sexual violence and assault, abductions and enforced disappearances.
On 17th June 2025, protests over the death of the late Albert Ojwang, a blogger and HRD, erupted in different parts of the country, 22 casualties were reported.[5] Peaceful protests were infiltration by militia wielding crude weapons.[6]
On 25th June 2025, during the commemoration of the June 25th 2024 protests in the country, the Kenya National Commission on Human Rights (KNCHR)reported 19 fatalities, 531 injuries, 15 cases of enforced disappearances, over 179 arrests, 2 cases of individual rape, 2 cases of gang rape and 1 attempted gang rape were reported.[7]
On 8th June 2025, a HRD, blogger and local high school teacher, Albert Ojwang died in mysterious circumstances while in police custody, with police indicating death by suicide as cause of his death. Post-mortem results indicated that the blogger died of strangulation. Several police officers were arrested and charged with his murder.[8]
During the Saba Saba protests on 7th July 2025, 38 fatalities and over 140 arrests were reported by the KNCHR.[9] Of great concern is that the perpetrators of these heinous offences are yet to be held accountable for their actions and violations.

3. Shrinking Civic Space

The civic space in Kenya continues to shrink. Kenya has been categorised as obstructed from repressed by the CIVICUS index monitor. The freedoms of assembly, peaceful protests, expression, media freedoms and association remain under threat.
In June 2025, the Communications Authority of Kenya issued a notice to all media houses to cease the live coverage of the protests with threats of suspension of licenses for non-compliance to the directive.[10] The violation of this rights, resulted in litigation before the Constitutional and Human Rights Division of the High Court, where the court reversed this decision.[11]
The freedom of assembly and peaceful protests guaranteed under the Constitution, was constantly violated by state actors with limited or no redress to the victims. The Penal Code Cap 63 and the Public Order Act, Cap 56 laws of Kenya, have been utilised to intimidate and threaten HRDs who choose to exercise these right and freedom. In July 2025, a legislator had proposed amendments to the Public Order Act, which would have seen a great limitation to the freedom of assembly and peaceful protests in the country.[12]

4. Women, Girls and Minorities

We are concerned with the increasing cases of femicide and gender-based violence against women and girls in the country. In 2024, there were at lease 170 cases of femicide reported.[13] Of greater concern is the low rate of prosecution of perpetrators of these heinous crimes. The existing legal frameworks have not deterred the rise in femicide and gender-based violence. There is need to have a specific law to address this very pressing problem.
Minority groups particularly the LGBTQ+ persons live in fear of attacks, at home and within communities. There is an increase in anti-LGBTQI+ movement operating as pro-family advocates, where they continue to agitate for stiffer laws. Without state protection, an already oppressed and marginalised community will continue to suffer grave harm. The government has failed to register the National Gay and Human Rights Commission despite numerous court decisions affirming the right of queer persons to associate.

Chairperson, Kenya should abide by the human rights principal against discrimination.

5. Universal Periodic Review

Kenya was reviewed under the Universal Periodic Review (UPR) by the Human Rights Council, in the 4th Cycle at the Council’s 49th Session. At total of 339 recommendations were made, where Kenya accepted 232 of the said recommendations. 106 were noted and 1 was reserved to be addressed later. Despite Kenya accepting a significant portion of these recommendations, the political goodwill is lacking, thus, the same issues will be highlighted several years later in future cycles.

6. HRD Policy

Kenya is yet to enact a clear policy on the protection of human rights defenders. There is need to recognise the critical role that HRDs play in championing for rights and freedoms. We call on Kenya to take steps towards creating a policy that protects HRDs and a more conducive environment be created for them to operate and thrive in.

The Defenders Coalition calls upon the Chairperson of the African Commission to urge the Kenyan government:

To enact legislation for the protection of human rights defenders, in a quest to create a holistic and conducive environment for them to operate in and thrive as they champion for human rights and fundamental freedoms;
To ensure all violations and abuses against human rights defenders and youth including killings and abductions during protests are comprehensively investigated and all perpetrators prosecuted within the confines of the law;
To respect the right to peaceful assembly, freedom of expression, freedom of association, access to information and media freedoms as guaranteed in the Kenyan Constitution and under international law; To consider not enacting laws that limit these rights and freedoms;
To criminalize femicide, enforced disappearances and extra judicial killings; and to fully implement the recommendations of the Task force on GBV and Femicide, to ensure the protection of women and girls within our communities;
To stop the weaponization of laws against HRDs and other voices critical of the human rights violations, abuse and injustices in the country. The laws need to be implemented holistically and not in a draconian manner;
To respect and uphold human rights and fundamental freedoms as enshrined in the Constitution of Kenya and regional and international instruments and ensure operation of CSOs and HRDs including WHRDs and SOGIE Activists; and
To ensure that discrimination of queer and gender minorities in all aspects has been comprehensively addressed within the country.
To ensure the unconditional release and safe return of the two HRDs Bob Njagi and Nicholas Oyoo into Kenya.

Thank you, Mr. Chairperson – Banjul, The Gambia – 29th September 2025