For immediate release!

April 14, 2025

This year, CIVICUS downgraded Kenya’s civic space rating from “obstructed” to “repressed.” This follows rampant human rights abuse by state agents.

Our country is bleeding. Kenyans are dying in hospitals due to the collapse of healthcare services, exacerbated by the disastrous Social Health Authority scam.

In universities, students are suffering under a deliberately broken funding model. Schools face chronic delays in receiving capitation funds. One by one, the pillars of our nation are crumbling.

At the international level, Kenya’s diplomatic standing lies in tatters. Our image across Africa and globally is stained. The William Ruto regime and its destructive policies drive our nation into despair.

According to InfoTrak, 83 per cent of Kenyans believe the country is headed in the wrong direction, with 69 per cent directly blaming Ruto. As of December last year, his approval rating had plummeted to just 19 per cent.

Since January this year, the situation has only worsened. The regime has intensified its crackdown on dissent, even targeting schoolchildren for performing a play that challenged the state on accountability and governance.

Violence

1. Security excesses

Between January and September 2023, Independent Medico-Legal Unit documented 228 cases of police torture, 67 cases of extra judicial killings and one case of enforced disappearance.

According to the Kenya National Commission on Human Rights, police killed 63 people and injured 610 others during the Gen-Z- protests between June and November 2024. KNCHR also reported that 1,376 protesters were arbitrarily arrested, and 74 individuals forcibly disappeared. As of today, 26 people who disappeared are still missing, and the culprits are yet to be held to account.

However, data from Human Rights Watch, Kenya Human Rights Commission, and IMLU shows the numbers of those killed, disappeared, and abirtraty arrested could be higher. For instance, the IMLU report shows 89 cases of enforced disappearances during this period. We are conducting more research into these abuses.

The units responsible for these atrocities, according to HRW, were allegedly drawn from the Directorate of Criminal Investigation, supported by the Rapid Deployment Unit under the Administration Police, military intelligence, the Anti-Terrorism Police Unit and the National Intelligence Service.

In December 2024, police arrested 10 protesters during the anti-femicide march, and many others were subjected to excessive force, resulting in unwarranted injuries and further undermining their right to peaceful assembly.

December 2024 marked a chilling escalation in state repression across Kenya. From the cancellation of the Mathare Reggae Festival due to police intimidation, targeted teargas attacks on opposition figures and the abduction of citizens over AI-generated satirical images of President Ruto, the regime intensified its crackdown on dissent.

Peaceful protesters were met with arbitrary arrests and legal harassment. At the same time, even sacred spaces like churches were not spared; police stormed a Nyandarua church and teargassed worshippers on New Year’s Eve.

Cross-border violations have also increased. Kenya is becoming a hub for politically motivated abductions of foreigners, including Tanzanian activist Maria Sarungi Tsehai, Ugandan opposition leader Kizza Besigye, and others from South Sudan, Ethiopia, Turkey, and Uganda. Thirty-six Ugandans were abducted in Kisumu alone.

The recent injury and intimidation of journalists reporting on the incidents at the National Drama Festivals in Nakuru further exposes a growing culture of state repression that must be urgently addressed. Additionally, the teargassing of students from Butere Girls High School by police is a stark reminder of a longstanding and deeply troubling pattern of brutality against children in Kenya.

We demand that:

1. There must be an urgent, impartial investigation into all cases of enforced disappearances, police killings, and abductions of protesters and critics of the regime. Those found culpable, including high-level command, must be held accountable for their crimes. This regime must immediately cease the politicization of security agencies and disband elite police units involved in unlawful operations.
2. The government must launch an independent investigation into the cross-border abductions of refugees, and political and foreign activists. It must adhere to international treaties on asylum, non-refoulement, and transnational justice, and suspend or sever security cooperation with countries implicated in rights abuses.

1. The government must launch an independent investigation into the cross-border abductions of refugees, and political and foreign activists. It must adhere to international treaties on asylum, non-refoulement, and transnational justice, and suspend or sever security cooperation with countries implicated in rights abuses.

• Political violence

Activation of political goons to disrupt has taken root, and there has been near-zero accountability from the government. The targets have mostly been anti-government critics.

As we move towards the 2027 general election, there is a worrying trend of emerging political intolerance and the use of outlawed gangs. It happened in Limuru on March 20 when goons invaded a traders’ meeting that aimed to stop excessive levies from the county government of Kiambu. It also happened during William Ruto’s rallies in Nairobi in early March, when Kenyans were robbed and attacked by armed gangs. Former Deputy President Rigathi Gachagua has also had his meetings disrupted by hired goons. The same fate has also befallen many political and burial events nationwide.

These trends highlight the systemic misuse of force and lack of accountability in law enforcement. The use of non-lethal weapons by security operators during protests, including tear gas, water cannons, and batons, has been enhanced. It remains unclear what guidelines the police use to acquire the said weapons and whether they are up to international standards. No law exists in Kenya, and there has been no attempt to regulate the use of these non-lethal weapons.

We demand that the government:

1. Disband and prosecute all outlawed gangs and political goon squads used to disrupt public events, protests, and political gatherings.

1. Hold political leaders and their allies accountable for inciting, financing, or enabling political violence and thuggery.
2. Ensure police independence and neutrality ahead of the 2027 general election.
3. Guarantee protection of civic and political space: all Kenyans must be free to assemble, associate, and express dissent without fear.

• Femicide and gender-based violence are spiraling out of control

Between January and March this year, 129 women were murdered, according to the National Police Service and National Crime Research Center, which was released on April 9, 2025. In 2024, 579 femicide deaths were recorded.

This crisis is a state’s failure to protect women and prosecute perpetrators. Law enforcement remains complicit, either through inaction, blaming victims, or outright collusion with abusers. Informal settlements and rural communities are especially vulnerable. The government has set up a task force to address femicide and GBV.

Under both international law and Kenya’s Constitution, the state has a duty to prevent gender-based violence, protect victims, investigate crimes, and hold perpetrators accountable. Yet, the police frequently neglect or mishandle cases. Despite laws like the Sexual Offences Act and the Protection Against Domestic Violence Act, enforcement remains weak

We demand that:

1. Femicide must be included as a distinct offence under the Penal Code to ensure legal clarity and strengthen judicial response to gender-based killings.
2. There need to be dedicated funds allocated for forensic investigations and training on preservation of evidence for police officers.
3. A dedicated prosecutorial unit for GBV must be created to fast-track cases, minimize delays, and reduce opportunities for corruption.
4. The National Police Service must publish regular femicide case reports, including statistics on reports, investigations, arrests, and convictions, to improve accountability and transparency.
5. The government must provide trauma counseling services at every police station for GBV survivors. It must also offer mental health support to law enforcement officers who face secondary trauma from handling such cases, to avoid burnout and improve how the cases are handled.

Social-economic rights

• The education sector is collapsing

Every tier of Kenya’s education system—from ECDE to universities—is under strain. Devolved functions of education are underfunded, understaffed, and ill-equipped. At the national level, basic education is plagued by curriculum confusion, deteriorating infrastructure, and chronic underfunding.

TVETs and universities are especially hard hit, with outdated equipment and teaching technology, bloated debts, poor governance and mismanagement of public universities due to state interference. The new university funding model has left students stranded and institutions unable to function effectively.

Despite a court order declaring the new university funding model unconstitutional, the Executive is hell-bent on implementing it. Still, despite Education CS’s declaration, certificate withholding continues to be unabated.

We demand the following:

1. The government must establish a comprehensive national education support fund to ensure no child is left behind, especially those from low-income families, marginalized communities, and persons with disabilities. The fund should cover tuition, learning materials, uniforms, and other essential expenses to dismantle economic barriers to education.
2. The government must invest in continuous professional development for teachers, set and enforce national quality standards across all levels of education, and standardize school infrastructure and upgrade learning environments nationwide.
3. The Teachers Service Commission must retain its constitutional functions without political interference. State House and Members of Parliament must cease the illegal issuance of appointment and promotion letters to teachers, which undermines meritocracy and destabilizes the sector.
4. All education policies and practices must align with the national values and constitutional rights, including free and compulsory basic education for every child, and access to education and training for everyone.

• Health

Despite health being a key pillar of any nation’s stability and development, Kenya’s public health system has effectively collapsed. The transition from the National Health Insurance Fund (NHIF) to the Social Health Authority (SHA), while packaged as a path to Universal Health Coverage, has instead created confusion, exclusion, and coercion.

According to the Ministry of Health, over 19 million Kenyans have been registered, yet fewer than four million actively contribute, most of them in formal employment. The rest, particularly the poor and informal workers, are being pushed into a system they neither understand nor benefit from.

A GeoPoll survey (2025) shows that 75 per cent of Kenyans believe the SHA is riddled with corruption and mismanagement, and only 27 per cent clearly understand how it functions.

We demand the government must:

1. Audit and overhaul the NHIF-to-SHIF transition to ensure transparency and functionality.
2. Clear pending bills owed to private service providers and accelerate disbursement of funds.
3. Protect the right to health by ensuring universal, accessible, and quality healthcare for all.

• Housing

The Business Laws (Amendment) Bill is currently in the public participation stage before the Senate. Among its proposals are amendments to Sections 90 and 96 of the Land Act that aim to reduce the period between loan default and foreclosure from 90 days to 45 days and to cut foreclosure notice from 40 days to 20 days for beneficiaries of the Affordable Housing programme. Why does this matter? The intended beneficiaries are low-income Kenyans, some of whom have already vacated informal shelters to make way for these projects and have been promised the first right of purchase. Instead of receiving legal protection, they now risk being stripped of their homes more swiftly.

Shouldn’t the law offer greater safeguards for the vulnerable, not fewer? Who stands to benefit from fast-tracking the eviction of the poor? Is there a predatory interest waiting in the wings, eager to pounce on those struggling to pay?

Kenyans have until next Tuesday to submit memoranda to the Senate opposing these amendments. Let your voice be heard.

Numerous judicial pronouncements have also argued that people should be compensated and given alternative housing. However, people have been given eviction orders in informal settlements in Nairobi and Mombasa.

We demand that there be no further evictions without giving adequate notice, compensation, and alternative resettlement.

We demand that the government to:

1. Withdraw the proposed amendments to Sections 90 and 96 of the Land Act that reduce foreclosure notice periods.
2. Enforce judicial pronouncements that require compensation, adequate notice, and alternative housing before any evictions.
3. Suspend all evictions in informal settlements until legal and humane processes are followed.

• Land rights

Despite heavy investment in digitising land records, service delivery is still poor. According to the Commission on Administrative Justice, service delays at Land Registry across the country remain the most serious bottleneck, with some complaints taking years to resolve. While 263 cases were addressed within three years, 119 dragged on for four to 15 years, eight cases took up to 25 years, and two remained unresolved for over 25 years.

We demand the government to:

1. Ensure immediate, unconditional issuance of title deeds to rightful landowners.
2. Fix the broken digitized land system and establish accountability for delays and inefficiency in land registries.
3. Resolve all pending land cases with urgency, especially those delayed for over a decade.

Freedom of association, assembly and expression

Despite operationalizing the PBO Act on May 14, 2024, the government has yet to adopt the regulations to facilitate its implementation. Implementation now relies solely on development partners and civil society organizations. Alarmingly, 2,802 PBOs were deregistered in a show of hostility to independent organizing.

Legislative threats continue to loom.  The Assemblies and Demonstration Bill is expected to pass in 2025 in its current repressive form. The Whistleblower Protection Bill remains stalled, and the 2024 Computer Misuse and Cybercrimes (Amendment) Bill threatens free expression by extending unchecked state surveillance over digital platforms. The Public Participation Bill 2024 is progressing slowly due to limited funds allocation by the government.

Since the June 2024 protests, the government has directly clamped down on media agencies, and law enforcement officers have physically attacked journalists and even damaged their equipment as they feature public stories. In 2025, the government cancelled advertising on media stations that seem to feature stories that criticize the government, and this indirectly affects freedom of the press and access to information for the general public.

At the same time, constitutional commissions and oversight institutions are under siege. Budget cuts, politically motivated appointments, and delayed confirmations have crippled bodies meant to safeguard democracy.

Corporations continue to violate human rights with near-total impunity. For instance, Safaricom is implicated in sharing customers’ location data with law enforcement agencies in operations that may have resulted in enforced disappearances, extrajudicial killings and renditions. This brazen violation of privacy has had a chilling effect on civic space.

Meanwhile, there is a systematic campaign to silence dissent. Whistle-blowers and human rights defenders face threats, surveillance, and abductions. Independent oversight institutions have been weakened or hijacked. The attempted removal of Auditor-General Nancy Gathungu after her revelations of financial irregularities is a disdain for transparency.

We demand that:

1. The government must end the intimidation, surveillance, and criminalization of activists and independent media, and abolish efforts to criminalize dissent, including through the Computer Misuse and Cybercrimes (Amendment) Bill.

1. Parliament must withdraw the repressive Public Assemblies and Demonstration Bill and align legislation with Article 37 of the constitution and international human rights standards. It must also ensure police provide facilitative, not repressive, support during public demonstrations.
2. Safaricom must be held accountable for illegally sharing customers’ data with law enforcement officers in operations that may have led to enforced disappearances, extrajudicial killings and renditions. The unholy alliance between Safaricom and the government must stop.

Public finance accountability

• Corruption continues to strangle Kenya’s future

Recent analyses describe Kenya as exhibiting classic “state capture,” where a well‑organised elite has repurposed the Presidency and Treasury into a “temporary zone for personalized appropriation, subverting constitutional checks and operating outside public accountability.

In infrastructure, the tripling of costs on the Standard Gauge Railway—and the absence of credible project audits—reflects similar elite rent‑seeking. Citizens have been treated to the discharge of people accused of mega-corruption in several instances, including the Arror Kimwarer dam scandal.

This is coupled with allegations brought forward by the former attorney general and the former deputy president of loan contracts being proposed to be signed in airport corridors and dealings on housing, health and digital public infrastructure being cut with oligarchs without due process.

Despite repeated public commitments to accountability, corruption remains a significant barrier to realising social and economic rights. Kenya’s recent scores on the 2024 Corruption Perceptions Index released by Transparency International, at 32 out of 100, illustrate a growing public frustration with slow and often ineffective prosecutions, particularly involving powerful individuals.

Notably, there is a new age of corruption packaged as public-private partnerships, manifested through, among other deals, the Arrow and Kimwarer dam scandal and the Adani deals (JKIA and Ketraco). These trends continue to erode the rule of law, accountability and credibility of oversight institutions, with Parliament and the Executive, disregarding reports from the constitutional institutions that are the last line of defense for public finance accountability.

That said, we acknowledge recent progress, including high-profile convictions of former Kiambu governor Ferdinand Waititu for procurement-related bribery and his Nyandarua counterpart, Daniel Waithaka, for violating procurement laws. These convictions signal a judiciary more willing to confront impunity. However, we remain concerned about the High Court’s decision to suspend the prosecution of the Thika Chief Magistrate despite corruption findings.

We commend the Auditor-General for uncovering irregularities in SHA’s procurement of the digital health system. We also welcome proposals under the Anti-Corruption Laws (Amendment) Bill 2025 to fast-track the resolution of cases and streamline appeals.

Further, we acknowledge the recent High Court ruling striking down the National Government Constituencies Development Fund (NG‑CDF) as unconstitutional, further exposing the chronic misuse of resources intended for education and local development.

We demand that:

1. The Executive must stop political interference in constitutional offices like the Office of the Auditor-General, Controller of Budget, and EACC. Parliament and the Executive must also protect the tenure and independence of officers like Nancy Gathungu and ensure their reports lead to prosecutions, not retaliation.
2. The Office of the Auditor-General must conduct timely, independent audits of all government programs, especially high-risk initiatives like the Affordable Housing Project, SHIF, and the Bomas expansion via public-private partnerships. These audits must be made public to address widespread concerns over conflicts of interest and awarding tenders to politically connected individuals. No initiative should be beyond scrutiny. Where evidence of corruption is found, those responsible must be prosecuted.
3. The state must fully fund and protect the independence of key institutions such as the EACC, ODPP, and the judiciary.
4. Parliament must pass the Whistleblower Protection Bill (2023) to guarantee safe and confidential reporting channels for those exposing corruption. It must also fast-track the passage of pending legislative amendments designed to reduce delays in prosecuting graft cases.
5. Chapter Six of the Constitution must be rigorously applied to vet all public officials and political aspirants for integrity, particularly regarding wealth declarations and unexplained assets.
6. Access to Information Act (2016) must be fully enforced across all levels of government, particularly at the county level.

• Public debt

Rising Fiscal deficit and burden on workers

The 2025–26 Budget Policy Statement projects a fiscal deficit of 4.3 per cent of GDP—down from 4.9 per cent in 2024–25—to be financed through net external borrowing of Sh146.8 billion and net domestic borrowing of Sh684.2 billion. However, the projected increase in public revenue relies heavily on reintroducing taxes that were scrapped following last year’s mass protests. These include levies on basic commodities and a mandatory three per cent wage deduction—matched by employers—for the housing fund. These measures disproportionately burden the working class and further strain already overstretched civil servant households.

Ironically, even as fiscal space tightens, the Executive continues to expand. It has created additional state departments led by principal secretaries to accommodate a broad-based government. It has backtracked on its June and July 2024 pledge to reduce the number of advisors.

Costly domestic borrowing

In FY 2023-24, domestic borrowing surged to Sh704.7 billion—accounting for 82.3 per cent of the year’s total financing needs—up from Sh471.4 billion the previous year. This sharp rise has crowded out private sector credit and stifled productive investment. Investors, wary of fiscal risk, now demand double-digit yields—peaking at 18 per cent on short-term government paper—making domestic debt the most expensive component of Kenya’s financing.

Worryingly, this borrowing is largely unearmarked, lacking clear project linkage or accountability, and offers little support to economic growth. Despite the availability of concessional financing through the International Monetary Fund’s Extended Fund Facility—which comes with governance-enhancing conditionalities—Kenya exited the program at the final review, opting instead for costlier domestic and commercial external loans.

While IMF conditionalities demand reforms, they also impose the fiscal discipline that Kenya’s borrowing strategy urgently needs. Abandoning such frameworks jeopardizes the country’s credit standing and could undermine future access to World Bank financing.

Dangerous legislative amendments

Parliament is considering scrapping the requirement for the Cabinet Secretary to explain any breach of the 55 percent-of-GDP debt anchor—effectively waiving accountability for excessive borrowing. At the same time, legislators are advancing a Constitution Amendment Bill to entrench the National Government Constituencies Development Fund (NG-CDF)—alongside two new national funds—into the Constitution, despite multiple court rulings declaring the NG-CDF Act unconstitutional.

These parallel efforts threaten to entrench unaccountable public spending, erode fiscal discipline, and further undermine the principles of devolution.

We demand the government to:

1. All taxes on essential goods and services—including food, medicine, education materials, and electricity—must be removed to reduce the cost of living and uphold the right to life and dignity. Double taxation must end, and punitive taxes introduced under the Ruto regime, including the Housing Levy and other unjust fiscal policies, must be repealed.
2. Given our economy’s critical condition, re-engage the IMF program to access lower-cost financing and restore much-needed external discipline.
3. Halt all legislative amendments that weaken the debt anchor or seek to entrench new national funds in the Constitution, especially those already deemed unconstitutional.
4. Reprioritize external and concessional borrowing, ensuring all debt is transparently linked to specific, high-impact projects with clear public benefits.
5. Strengthen oversight by Parliament and the Auditor-General, mandating that every loan and deficit variance be publicly explained and justified.
6. Reinforce devolution by fully funding counties through equitable share transfers—not opaque, centrally managed national funds that bypass local priorities.
7. Confront corruption decisively—or step aside. Leaders who cannot tackle the most pressing issue of our time should vacate office and stop recycling unethical individuals into public service.

Signed:

• ARTICLE 19 Eastern Africa
• Civic Freedoms Forum (CFF)
• Elimu Bora Working Group (EBGW)
• Independent Medico-Legal Unit (IMLU)
• Inuka Kenya Ni Sisi!
• Kenya Human Rights Commission (KHRC)
• Mathare Social Justice Center
• Muungano wa Gen-Zote
• National Integrity Alliance
• Okoa Uchumi Campaign
• Police Reforms Working Group
• Social Justice Centres Working Group – Nairobi Chapter
• The Institute for Social Accountability
• Transparency International-Kenya (TI-Kenya)
• Usalama Forum

Download the full statement here

Dear Partner, Colleague and Comrade,

Download here

Defenders Coalition conferred the 2025 FR. Kaiser Human Rights Award

31 March 2025, Nairobi – Kenya

The National Coalition of Human Rights Defenders in Kenya (Defenders Coalition) welcomes the special recognition by the Law Society of Kenya (LSK)during its Annual General Assembly held in Kisumu.

Defenders Coalition was conferred the prestigious Fr Keiser Human Rights award in recognition of its exemplary service in supporting frontline human rights defenders in promoting and protecting human rights, democracy, and the rule of law.

The Fr Kaiser Award was started by the Law Society of Kenya (LSK) in 2003 and named after the Mill Hill Missionary priest Fr John Kaiser of Ngong’ Diocese who was killed mysteriously in 2000. The Human Rights Award honors individuals and institutions that have demonstrated an unwavering commitment to justice and the promotion of human rights.

The Defenders Coalition has been instrumental in enhancing the safety, security and well-being of frontline human rights defenders who passionately offer distinguished service to ordinary Kenyans by seeking justice for victims of abuses, including land injustices, corruption, impunity and political oppression.

The Defenders Coalition’s Executive Director Mr. Kamau Ngugi has dedicated the award to selfless Kenyans that continue to demonstrate bravery against injustices, poor governance and human rights violations at great risks.

“It is with great honor and humility that I stand before you today to receive this esteemed award on behalf of the Defenders Coalition, which is the National Coalition of Human Rights Defenders in Kenya. From my reflection, this recognition is not only a stamp of approval of the efforts of very many selfless individuals and human rights organizations at the frontline but also a testament to the unwavering dedication of all those who work tirelessly to safeguard human rights in Kenya. Since founding in 2007,  our  mission as a coalition has always been to stand in solidarity with defenders of human rights, ensuring that their voices are heard, their work protected, and their courage celebrated.”

Kamau acknowledged that the recognition is for all Kenyans who strive, under very difficult circumstances, to speak truth to power.

“This achievement is not ours alone. It is a product of the collective efforts of various human rights actors, civil society organizations, and most importantly, frontline human rights defenders who suffer humiliation, criminalization or targeted for violence. Our partnership with the Law Society of Kenya and its network of legal professionals and advocates has been instrumental in fortifying the protection of those who risk their lives to defend the rights of others.”

The Defenders Coalition recognizes that the challenges to human rights are complex and multifaceted, but in collaboration with actors who share the same values, we remain resolute in ensuring that the rights of every individual are protected, and those who defend them are supported. This award is a powerful reminder that when we unite in purpose, we can create a just and resilient society for all.

In attendance were members of the LSK led by President Faith Odhiambo and veteran lawyers and politicians, including Siaya Governor James Orengo, Hon Martha Karua, and Hon. Otiende Amolo among other dignitaries.

The Defender Coalition, EndFemicideKE and Ni Mama Network to Submit a memo to the Taskforce Against GBV 

Kenya is grappling with a silent yet lethal epidemic of gender-based violence (GBV) and femicide—an atrocity that extends beyond legal deficiencies to a moral and human rights crisis. In response to this alarming reality, Defenders Coalition has officially submitted a memorandum to the Taskforce Against GBV, outlining urgent policy recommendations to combat GBV and ensure justice for survivors.

Despite existing legal frameworks such as the Sexual Offences Act and the Protection Against Domestic Violence Act, the state’s failure to enforce these laws has left marginalized groups—young mothers, female sex workers, refugees, and women in informal settlements—particularly vulnerable. Survivors continue to face secondary victimization in institutions meant to protect them, while the absence of a centralized GBV and femicide data system obscures the true scale of the crisis, hindering meaningful policy reforms.

The statistics are harrowing: between 2020 and 2024, over 500 women were murdered, often by intimate partners or family members. The 2024 Kenya Police Annual Crime Report revealed a 35% rise in femicide cases compared to 2023, yet conviction rates remain below 10%. The economic toll of GBV is equally devastating, costing Kenya approximately 1.2% of its GDP annually due to healthcare expenses, productivity losses, and legal service costs.

Through this memorandum, Defenders Coalition, EndFemicideKE and Ni Mama Network calls for bold, systemic interventions, including:

• Strict enforcement of GBV laws and increased conviction rates
• Establishment of a national femicide and GBV data tracking system
• Stronger protection mechanisms for survivors and at-risk groups
• Greater accountability for law enforcement agencies

It is time for Kenya to move beyond rhetoric to action. We urge the government and all stakeholders to adopt our recommendations and take decisive steps to end GBV and femicide in Kenya.

Download the Memo Here

REQUEST FOR PROPOSALS
CONSULTANCY TO COMPILE A CASE DIGEST ON LEGAL CASES ON RIGHTS DEFENDERS

DEADLINE: 2 APRIL 2025

The Defenders Coalition invites qualified applicants to express interest in a consultancy to compile a Case digest report on legal cases on human rights defenders.  This is a valuable opportunity to contribute your expertise towards the legal protection of human rights defenders in Kenya.

For more information please review Terms of Reference below.

Terms of Reference

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