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: 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 and human rights in Kenya.
This statement covers the period between November 2024 and April 2025.
- Chairperson, Kenya has a progressive Constitution that enshrines the Bill of Rights and Kenya is signatory to several human rights treaties and conventions, as well as the African Charter on Human and Peoples’ Rights. Despite the legal framework, there is increased violations of human rights and fundamental freedoms of citizens and attacks on human rights defenders (HRDs) in their quest to champion human rights within the communities and the larger society. Among the violation against HRDs are; threats, harassment, abductions, enforced disappearances and extra judicial killings.
- Chairperson, HRDs experience arbitrarily arrests while they peacefully assembled including when they petition the state to stop enforced disappearances and killing of young people and social media critics of the government.[1]
- The HRDs were illegally detained by the police for a prolonged period, before being presented in a court of law, beyond the required period as stipulated in the Constitution. Of concern, the prosecution had requested for them to be held for twenty-one days to conduct investigations, yet no charges were preferred against them. In addition, Courts have pronounced, very high cash bails against criminalised HRDs which majority could not afford.
- Chairperson, HRDs continue to be victims of extra-judicial killings, especially those who are vocal and critical against injustices and social ills. On 18th January 2025 a vocal HRD from the Rift Valley region of Kenya was brutally murdered.[2] His death is a constant reminder of the challenges HRDs endure in the quest for justice and the safeguarding of human rights. Further, a woman human rights defender within Owino Uhuru, Mombasa County continues to receive threats as she seeks justice for her community following a lead poisoning case,[3] despite court decisions.
- Chairperson, we are deeply concerned with the shrinking of civic space in the country. State bodies have made deliberate efforts to limit these rights and freedoms despite their constitutional guarantee.
- Chairperson, Citizen right to peaceful assembly have been curtailed by police who refused to accept notification, and violently dispersed groups that exercised these rights. On International Human Rights Day, 10th December 2024, a peaceful match to highlight concerning cases of femicide in the country was violently disrupted by the police. Women human rights defenders were injured and others sexually harassed by the police who violently disrupted the protest.[4]
- On 30th December 2024, Citizen protest against enforced disappearances targeting social media users critical of the state was equally disrupted by the police who used excessive force despite prohibition of use of violence by the court of law.
- Chairperson, the Assembly and Demonstration Bill, 2024, proposes to infringe heavily on the right to peaceful assembly. Such proposed legislation seeks to undermine a Constitutionally guaranteed right. It remains a concern that this proposed law is before the National Assembly. It is very critical that this proposed legislation is not enacted into law as it has potential to limit the exercise of a constitutionally guaranteed right.
- Chairperson, the freedom of expression remains under constant threat in Kenya, with increased censorship, threats, surveillance and online scrutiny from the state. Journalists are especially intimidated or attacked when doing their work. In April 2024, during the Kenya National Drama and Film Festivals 2025, high school girls were violently prevented from performing its play considered critical of the state. Police used tear gas and excessive force on the learners and the media. Six journalists were injured and no one was held to account.[5] Chairperson, this comes about at a time when no one has been held to account for the abductions and killing of young Gen-Z protesters in June 2024 raising concerns of impunity over serious We call on the commission to be deeply concerned with increased limitation of fundamental rights and freedoms.
- Chairperson, we remain deeply concerned over the cases of cross-border abductions of human rights defenders and pro-democracy activists in Kenya. Critical voices and human rights defenders from across the region have been forcefully removed from the country, with no efforts from the government to prevent such illegal acts from occurring. In November 2024, Uganda opposition leader Kizza Besigye was abducted from Kenya and taken back to his country Uganda where is facing serious charges of treason.[6] In January 2025, a prominent human rights defender from Tanzania, Maria Sarungi Tsehai a human rights defender from Tanzania was abducted in Kenya but later released following protests. She risked being forcefully taken back to Tanzania.[7] While Four Turkish asylum seekers were abducted from Nairobi, Kenya and forcefully taken back to Turkey against their will. Such practices undermine international protection.
- Chairperson, minority groups particularly the LGBTQ+ persons. Live in fear of attacks, at home and within communities. 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.
- Chairperson, we are concerned with the increasing cases of femicide and gender-based violence against women and girls in the country. Of greater concern is the low rate of prosecution of perpetrators of these heinous crimes. Further, the existing legal frameworks do not seem to be effective in the fight against femicide and gender-based violence. We welcome the Presidential appointment of a task force to address the rising cases of the crimes mentioned.[8]
- Chairperson, we are concerned with the delay of the operationalisation of key laws which directly impact on the work of human rights defenders. Despite the National Coroners Service Act being enacted in 2017,[9] the same has yet been operationalized. This statute is critical especially with dealing with unexplained deaths to include extrajudicial killings which is of grave concern in the country. In addition, the Public Benefits Organisations Act is equally yet to be fully operationalized. This law has a direct impact on human rights defenders and civil society organisations in the country. There is an urgent need to ensure that these laws are fully operational.
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 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 not enact laws that limit the freedom
- To bring an end to the practice and ensure all cases of cross-border abductions are comprehensively investigated and those found culpable are prosecuted within the confines of the law;
- To operationalise the National Coroners Service Act to ensure efficient investigations of unclear death circumstances; and To ratify the International Convention for the Protection of All Persons from Enforced Disappearance;
- 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 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.
Thank you, Mr. Chairperson,
Banjul, The Gambia
5th May 2025
[1] https://nation.africa/kenya/news/omtatah-and-22-protesters-freed-as-court-rejects-police-bid-to-detain-them-4874722
[2] https://nation.africa/kenya/counties/nakuru/five-suspects-arrested-in-murder-of-molo-activist-richard-otieno-4911000
[3] https://new.kenyalaw.org/akn/ke/judgment/kesc/2024/75/eng@2024-12-06
[4] https://www.reuters.com/world/africa/kenyan-police-fire-teargas-protesters-marching-against-femicide-2024-12-10/
[5] https://www.bbc.com/news/articles/cdxnnd3v2n2o
[6] https://www.aljazeera.com/news/2024/11/20/ugandan-opposition-politician-kidnapped-in-kenya-taken-to-military-jail
[7] https://www.bbc.com/news/articles/cd7dxz48e01o
[8] https://nation.africa/kenya/news/gender/ruto-s-call-to-action-taskforce-to-tackle-gender-violence-amid-alarming-cases-4889158
[9] https://www.capitalfm.co.ke/news/2024/07/ruto-petitioned-to-create-coroner-general-office-for-transparent-death-investigations/
