International Women’s Day 2025: The gendered Spirit of the Kenyan Constitution must be realized now

8 March 2025, Nairobi, Kenya

On this occasion of International Women’s Day, the Defenders Coalition honours the strength, resilience, passion, courage and leadership of the women and girls in Kenya.

This year’s theme, Accelerate Action, underscores the urgency of unlocking equal rights, power, and opportunities for all while championing a feminist future where no one is left behind. Accelerating action emphasizes the importance of taking swift and decisive steps to achieve gender equality. It calls for increased momentum and urgency in addressing the systemic barriers and biases that women face and creating a sustainable future where women can thrive.

This occasion presents an opportunity to reflect on the realities of women and girls across Kenya and in their diversity, including women human rights defenders, feminist groups, Indigenous people and gender minority rights groups.

In her remarks, Gloria Madegwa – the Head of Programmes at the Defenders Coalition noted that International Women’s Day is a moment when the whole world stops to recognize women and girls for their achievements without regard to divisions, whether national, ethnic, linguistic, cultural, economic or political.

“It’s paramount to take a moment to appreciate the milestones made over the years by women towards realizing equality and dignity across the gender divide.

Further, Gloria noted that despite the gains, women have continued to face obstacles that require collective action to be eradicated.

“For generations, women have been the backbone of our communities, rebuilding in times of crisis, defending human rights, and shaping democracy. Yet, despite their invaluable contributions, too many doors remain closed, preventing women’s full participation in political, economic, and social life.”

As we commemorate International Women’s Day, the Defenders Coalition celebrates yet again the many milestones that have been made towards safeguarding the rights and freedoms of women and girls in Kenya. We also draw urgent attention to the persistent challenges that threaten the rights, freedoms and dignity of all women in Kenya in their diversity.

“Despite tremendous progress in policy and legal frameworks, women in Kenya are faced with significant challenges including sexual and gender-based violation, economic exclusion, femicide and unprecedented threats to the exercise of their civic freedoms,” Gloria added.

The 2025 commemoration comes at a time when it’s increasingly becoming difficult for women and girls to live normal lives due to increased insecurity and systemic challenges that hinder access to justice for the victims and survivors of these violations.

“Women and girls have been forced to exercise extra caution to safeguard their safety and well-being, even within their homes, the very spaces where they should feel most secure,” said Mary Simat -Chairperson Board of Trustees of the Defenders  Coalition.

Further, Mary Simat emphasized that increased violence targeting women depicts reluctance to enforce laws and implement policies/programmes that deter the occurrence of violence of this magnitude.

“The increasing incidents of gender-based violence and femicide across the country highlight the minimal efforts being made to address these issues effectively. Ensuring the protection of women’s rights, including their right to live free from violence, is a shared societal responsibility that demands urgent and collective action.”

The Defenders Coalition stands in solidarity with all women in Kenya and beyond. Our resolve to intensify advocacy for a just and equal society where women and girls are free to be themselves.

As such, this occasion presents a renewed opportunity for the government of Kenya to walk the talk and implement the gendered spirit of Kenya’s Constitution.

Looking forward, the Defenders Coalition calls on the Kenyan government to:

1. Strengthen its legal protection and accountability by ensuring that the Sexual Offences Act, the Protection Against Domestic Violence Act, and the National Policy on Gender and Development are fully implemented so that victims and survivors of gender-based violence realize justice.
2. The End Femicide and Gender-Based Killings Task Force must shake off the unbecoming track record of task forces and deliver data-driven interventions to curb the rising numbers.
3. Recognize and safeguard the critical role played by WHRDs through the adoption of policies that prevent any form of intimidation or harassment and ensure their safety.

STATEMENT

UPR Pre-session on KENYA

Geneva, 18^th – 21^st February 2025

Delivered by: National Coalition of Human Rights Defenders- Kenya

 (Defenders Coalition)

1. Presentation of the Organisation

 This statement is delivered on behalf of the National Coalition of Human Rights Defenders-Kenya (Defenders Coalition) a national, not-for-profit, membership organization established in 2007 and registered under Kenyan law as a Trust to champion for the safety, security and wellbeing of human rights defenders (HRDs). The Defenders Coalition works primarily for the protection of HRDs in Kenya.

2. National consultations for the drafting of the national report

At the drafting of the national report, there was no consultation with civil society organisations (CSOs) in the country. CSOs at the drafting of the alternative national CSOs report invited the national commission of human rights to participate in consultations for the development of the said reports.

3. Plan of the Statement

This statement addresses the following issues: (1) freedom of association, (2) human rights defenders, (3) freedom of peaceful assembly and (4) freedom of expression.

4. Statement 

1. Freedom of Association

1. Follow up to the third review

During Kenya’s third Cycle, the government received four recommendations on freedom of association. The government accepted all four recommendations. In particular, the government was asked to ensure that the freedom of association is guaranteed and to review the Associations Bill of 2018.

1. New developments since the third review

•  The Associations Bill of 2018 was not passed into law.
• The Community Groups Registration Act No 30 was enacted in 2022. This law aims to regulate community-based organizations, including social justice centres. However, power is concentrated within a single authority that may undermine the objectives  and values of community groups.
• In 2023, the Supreme Court of Kenya delivered a judgement in the case of NGOs Co-ordination Board v EG & 4 others Petition 16 of 2019 that held that queer and gender minorities in Kenya are guaranteed the freedom of association. Despite this progressive decision, the National Gay and Lesbian Human Rights Commission is yet to be registered as an association.
• The government has proposed the discriminatory Family Protection Bill of 2023 which discriminates against queer and gender minorities.
• The Public Benefits Organisations Act of 2013, was operationalized in May 2024. However, it has not been fully implemented due to the absence of regulations. The absence of the regulations has already subjected CSOs to increased unnecessary scrutiny, leading to multiple administrative measures being imposed against some organizations.

Recommendations

We therefore urge that the issue of freedom of association become prominent in the upcoming UPR. We therefore recommend that the government of Kenya to:

• Jointly with CSOs, develop regulations for the full operationalization of the Public Benefits Organizations Act of 2013.
• Parliament to withdraw the Family Protection Bill of 2023.
• Implement the Community Groups Registration Act of 2022 in a progressive holistic manner in line with the Constitution; and
• The National Gay and Lesbian Human Rights Commission be registered formally as an association in Kenya.

Human Rights Defenders (HRDs)

 Follow up to the third review

 The Kenyan government received eight recommendations on human rights defenders (HRDs) and accepted all. It was recommended that Kenya adopts a law that protects HRDs ensuring clear investigations of cases of violations against them, creating and enabling environment to thrive in their work. While it is acknowledged that HRDs, especially at the grassroots, play a significant role in the protection, championing and promotion of rights and freedoms as guaranteed in the Kenyan Constitution and international instruments, the absence of a law that protects and safeguards them is lacking. Further, investigations into complains by HRDs remains a key hindrance towards realizing justice for aggrieved HRDs.

New developments since the third review

Human rights defenders continue to face numerous forms of violations to include attacks, harassment, intimidation, abductions, disappearances, arbitrary arrests, criminalization and murder with over 3000 cases documented within the last 4 years. Justice was met for some HRDs who were killed, where their killers were successfully prosecuted and sentenced. In other cases, HRDs are arrested arbitrarily numerous times and sometimes they are not arraigned in court and no charges are preferred against them.

Despite the National Coroners Service Act being enacted in 2017, the same is yet to be operationalised. The Human Rights Defenders Policy and Plan that would otherwise protect HRDs is not in place hence HRDs remain at risk.

Recommendations

To fully address the situation of HRDs, we recommend that the Kenyan government to;

• Adopt and implement a human rights-based HRDs Policy and Plan;
• Investigate and prosecute perpetrators of attacks and disappearance of HRDs.
• Fully operationalize the National Coroners Services Act of 2017; and
• Create an enabling and safe environment for human rights defenders to work in.

Right to peaceful assembly

Follow up to the third review

During the 3^rd Cycle, Greece made a recommendation to the Kenyan government to take further measures towards guaranteeing the freedom of peaceful assembly. Poland recommended ensuring the unimpeded functioning of democratic processes in the country including transparent regulations on exercising the right to peaceful assembly. Despite Constitutional guarantees, state security agencies continue to violate these rights by the use of excessive force when policing peaceful assemblies. Over 800 cases of peaceful protesters sustaining injuries and others over 110 protestors losing lives in the last four years have been documented. Administrative actions of prior notification of security agencies for state security to be provided during protests continue to hinder the realization of this right.  The increased misuse and abuse of procedures by the police is concerning. The failure to arrest and prosecute police officers who violate the rights and freedoms of peaceful protesters is concerning and needs to be addressed comprehensively.

New developments since the third review

 In 2024, there was a proposed retrogressive Assemblies and Demonstrations Bill which proposed serious criminal penalties for participants and organizers of assemblies and protests. This proposed law was rejected by Parliament and was not passed. Following the peaceful protests in June to August 2024, numerous rights of protesters were violated to include right to life, freedom from torture, cruel and degrading treatment, peaceful assembly and equality before the law. The Kenya National Commission on Human Rights reported that at least 61 persons were killed during the protests as police used excessive force. Disappearances and arbitrary arrests, including those of critical voices, doctors and lawyers, were observed, with some victims abducted from their homes. Accountability measures for the perpetrators of these violations are lacking. These actions reveal a troubling pattern of repression that contradicts the government’s commitments to fulfil the constitutional right to peaceful assembly

Recommendations

We, therefore, urge the government of Kenya to;

• Withdraw the Assembly and Demonstrations Bill, 2024;
• Conduct an independent and thorough investigation into the use of excessive force against protestors and ensure accountability for those responsible; and
• Review and update existing human rights training for police and security forces to foster a more consistent application of international human rights standards, including the UN Basic Principles on the Use of Force and Firearms, and instruct law enforcement and security agents to cease the use of excessive force against peaceful demonstrators.

Freedom of expression

Follow up to the third review

Kenya received and accepted four recommendations to guarantee the freedom of expression. Despite the Kenyan government accepting recommendations regarding this freedom, there has been a continuous and deliberate violation of this right and especially in online spaces. Increased surveillance, smear campaigns, arbitrary arrests and forceful disappearances of critical voices persist with over 86 disappearances within the past 12 months.

New developments since the third review

 There is increased surveillance, smear campaigns, arbitrary arrests and forceful disappearances of critical voices persist with over 86 disappearances[1] in the last 12 months alone.  In 2020 and 2021, one prominent online activist was arrested and arraigned in court for his posts on social media and issued with a very high and punitive cash bail of USD 5000.

Recommendations

We, therefore, urge that the issue of the right to peaceful assembly become prominent in the upcoming UPR. We therefore recommend that the government of Kenya to;

1. Respect the right to freedom of expression and ensure that censorship is limited to exceptional cases, in line with the limitations provided under Article 33 (2) of the Constitution of Kenya and Article 19(3) of the ICCPR;
2. Amend the Computer Misuse and Cyber Crimes Act, 2018 to be in line with international standards to guarantee freedom of expression, and ensure new legislation conforms to international human rights norms.

Download Statement

“Kupanda mlima siyo lelemama” (translated as “Climbing a mountain is not dancing”) are powerful words of Mzee James that perfectly capture the grit, determination, and resilience required to conquer the Mountains.

At 74 years old, Mzee James, our oldest climber, plans to make his 2nd courageous attempt to conquer the Mighty Mt.Kilimanjaro. He is a Land Human Rights Defender from Mithini Squatters, Murang’a County having joined the Climb for Justice expedition to the summit of Mount Kilimanjaro in 2021. 

This extraordinary journey will see him take 140,000 steps over 8 days and 96 kilometers, roundtrip. He needs your support to make this climb a success and raise funds for HAKI Village, a resource hub dedicated to safeguarding Human Rights Defenders’ rights.

Join us in supporting these remarkable climbers by donating through the Mpesa details below:

Payment Details:

• M-Pesa Paybill Number: 810896
• Account Name: Your Name

Five Suspects arrested over the murder of Molo-based Human Rights Defender Richard Raymond

Nairobi, 3 February 2025

The Defenders Coalition welcomes the speedy investigation by the Nairobi-based Homicide team of the DCI resulting in the arrest of five suspects believed to have murdered Human Rights Defender Richard Raymond Otieno AKA Molo President.

Geoffrey Mavado, John Ndegwa and Jorim Ngonga Sura are believed to have been directly involved in the heinous murder. Clinton Simantu and Peter Mwaniki are suspected of transporting the suspects to and from the scene of crime.

Richard was waylaid and murdered on 18 January 2025 in Elburgon Town, while walking home which is 200 meters from Elburgon Police Station.

While welcoming the news of the arrest of the 5 suspects, Kamau Ngugi, the Executive Director of the Defenders Coalition noted that this will send a strong message that crimes committed against human rights defenders, and indeed all persons shall not be condoned and that perpetrators shall be held to account. He lamented that champion of human rights in Kenya are consistently targeted for persecution with impunity, yet defending human rights is not a crime.

“This, in our view, is a move towards the right direction and an affirmation that any form of violation against human rights defenders cannot go unpunished. Being vocal should not be a death sentence. The government must work tirelessly to ensure that the people who support them in realizing its obligations of safeguarding and fulfilling human rights are protected.”

The Defenders Coalition calls for speedy and transparent prosecution of the suspects so that justice is served.

We call on all Kenyans to be vigilant to protect the rights of all people, hold the duty bearers to accounts and support our human rights defenders who selflessly work to ensure social justice and the protection of the rights of all persons.

The Defenders Coalition has kicked off preparations for the second attempt to scale Mt. Kilimanjaro – the World’s freestanding mountain – as part of a  campaign to raise funds for setting up the first resource center for Human Rights Defenders in Kenya. 

The first preparatory activity took place on January 25th, 2025 where 18 supporters of the Climb for Justice campaign hiked and successfully summited Elephant Hill in the Aberdare Ranges. 

Elephant Hill towers approximately, at an elevation of 12,000ft (3,658m) above sea level. The 9.5 km  hike trail starts at the Njabini Forest Station gate, at an elevation of 8,202ft (2,500m) above sea level.The terrain is mostly wet and slippery within the bamboo forest, and rocky as you approach the summit.

A huge thank you to everyone who participated and supported this important cause to champion human rights . 

‘The satisfaction of pushing through the difficult terrain, even when it got harder, and reaching the summit was indescribable. Elephant Hill taught me resilience—there were so many times I almost gave up, but I kept pushing forward.’ Shared Mekatilili, one of the hikers! 

The climb reminded us that the path to justice is never easy, but together, we can rise above every obstacle.

The climb continues as we now set our sights on the ultimate challenge—Mount Kilimanjaro.

Why We Climb For Justice 

We scale mountains to raise funds to set up a resource center – HAKI VILLAGE – dedicated for safeguarding the rights of human rights defenders. The center will have amenities including those for research, training, creativity and wellness 

In six years, over 1,400 hikers have raised funds for Haki Village, a resource hub dedicated to safeguarding Human Rights Defenders’ rights. With 19 destinations conquered, including the highest peaks of Mt. Kilimanjaro and Mt. Kenya, raising Kshs. 12 Million.

How You can Support Us 

Supporters of the Climb for Justice campaign take thousands of steps daily to champion human rights. This year, we’re aiming to conquer Mt. Kilimanjaro. Our brave HRDs will take 140,000 steps during the 8-day, 96-kilometer trek ,round trip). 

Join us by supporting them through donations via Mpesa details 

Payment Details:

M-Pesa Paybill Number: 810896
Account: Your Name

NAIROBI, 31 January 2025: The Law Society of Kenya and the Police Reforms Working Group are horrified by the discovery of the bodies

of Justus Mtumwa and Martin Mwau, two of the four missing Mlolongo abductees. We send our deepest condolences to their families and friends. We join them in demanding an independent post-mortem to determine the cause of death.

We call upon the Independent Policing Oversight Authority to thoroughly investigate their abduction and killing and bring perpetrators to justice. We urge the Directorate of Criminal Investigations as instructed by the court to urgently, effectively, impartially, and transparently investigate the abductions of Steven Mbisi and Kalani Mwema and ensure their safe return to their families.

We demand that the National Police Service now establish a missing persons database to ensure efficiency, seamless interagency communication, and quick communication with victim families to resolve missing persons cases.

We remain concerned by admissions under oath by the Inspector General of Police and the Director of Criminal Investigations on 30 January 2025, that they did not have any knowledge of where Justus Mtumwa and Martin Mwau were despite the two men’s bodies were delivered to the Nairobi Funeral Home by officers from Ruai Police Station. We call on those who continue to threaten and harass some of the former abductees to stop.

We remind the authorities that the gravity of these issues had prompted 20,000 Kenyans to sign a petition calling for a commission of enquiry in July 2024. The time has come for this initiative to be put in place now.

Kenya continues to experience an unprecedented number of abductions and killings with no satisfactory answers from government agencies mandated to protect the safety of all Kenyans. Since June 2024, Kenya National Commission on Human Rights has recorded over 63 cases of extrajudicial killings, 89 enforced disappearances with 29 people still missing. The police have made no progress in holding those responsible for these human rights violations to date.

Notes:

1. Kenya National Commission on Human Rights Statement on the Protests against Abductions and Enforced Disappearances in Kenya, 30 December 2024

https://x.com/HakiKNCHR/status/1873824527857463439

2. Amnesty International Kenya July 2024 Public Petition calling for a commission of enquiry

https://www.amnesty.org/en/petition/stop-the-crackdown-on-people-in-kenya/

This statement is signed by the Law Society of Kenya and the Police Reforms Working Group, 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, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International 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) and Peace Brigades International Kenya (PBI Kenya).

Dear Partner, Colleague and Comrade,

Human Rights Defender Richard Raymond Otieno murdered in Molo, Nakuru County

19 January 2025, Nairobi, Kenya

The Defenders Coalition is deeply shocked and saddened by the brutal murder of Richard Raymond Otieno, an outspoken political commentator and human rights defender based in Molo Town, approximately 328 kilometres from Nairobi.

Preliminary reports indicate that Richard was attacked by unknown individuals. His lifeless body was found Sunday morning, 19 January 2025, near the gate of his rented apartment.

A dedicated youth leader, Richard was known for his human rights advocacy, championing good governance and the rule of law in Nakuru County and beyond.

His tragic death marks yet another grim reminder of the growing dangers faced by human rights defenders and political commentators in Kenya.

The murder of Richard adds to the worrying trend of targeted killings of human rights defenders in the country, including the case of Paul Ndirangu Kioi- also a Molo-based human rights defender – whose life was violently taken in 2020. These heinous acts not only silence critical voices but also threaten the principles of democracy and accountability that underpin a just society.

We call on the authorities to swiftly, impartially, and transparently investigate this case to ensure that those responsible are held accountable.
The Defenders Coalition stands in solidarity with Richard’s family, friends, and the human rights community.

NAIROBI, Kenya, January 12th, 2025 – Civil Society Organizations Condemn the Abduction of
MARIA SARUNGI Tsehai.

Civil Society Organizations, under the umbrella platform of Civic Freedoms Forum (CFF), strongly
condemn the abduction of Maria Sarungi Tsehai, a Tanzanian media and communications expert and
a tough critic of President Samia Suluhu who does not shy away from writing articles highlighting the
rot in the Tanzanian government. This is a blatant violation of both domestic and international legal
commitments by Kenya.

We are concerned that this could be part of the broader trend of forced renditions in Kenya, including
abduction of Ugandan opposition leader and activist Kizza Besigye, the kidnapping of Turkish
nationals, South Sudanese activists, and Ethiopians, as well as the unresolved disappearances of 36
Ugandans in Kisumu. These incidents continue to undermine Kenya’s image as a haven for democracy
and human rights, while creating fear among political dissidents, refugees, and whistle blowers.
Kenya, as a signatory to international human rights treaties such as the 1951 Refugee Convention
and the African Charter on Human and Peoples’ Rights (ACHPR), has a heightened obligation to
uphold due process and prevent forced removals. If action is not taken by the state, impunity will
become entrenched hence jeopardizing regional stability and the values enshrined by the
international community and the EAC.

We strongly condemn the Kenya’s National Intelligence Service (NIS) and National Police Service
(NPS) for failing to act to prevent these acts as well as failing on their legal and constitutional duty to
protect individuals within its borders.
We, therefore, call upon:
• Kenyan government to reaffirm its commitment to the rule of law by launching an
independent investigation into the incident and ensuring such practices do not become the
norm.
• For full and immediate accountability from the both Kenyan and Tanzanian Government on
this incident.

Signed by
ARTICLE 19 Eastern Africa
Constitution and Reform Education Consortium – CRECO
Defenders Coalition
Kenya Human Rights Commission – KHRC
Muslims for Human Rights- MUHURI
Partnerships 4 Empowerment and Networking in Kenya (PEN KENYA)
Independent Medico-Legal Unit – IMLU

lnuka Kenya Ni Sisi!
lnformAction TV Haki Yetu Organization
Initiative for Inclusive Empowerment – IIE

Transparency International – Kenya

Defenders Coalition(NCHRD-K) – Statement to the ACHPR (1) (1)