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EXTRA JUDICIAL KILLINGS, FORCEFUL DISAPPEARANCES REPORT BY MISSING VOICES – 2023
Official Statement:
Today, the Missing Voices Coalition launches its 2023 Annual Report. This is the fourth report and a great milestone for the Coalition. The theme of the 2023 report is “End Police Impunity.”
The launch coincides with another public statement made the by President of the Republic of Kenya, William Ruto. On Sunday, 21st April, 2024, the President reiterated his commitment to end extrajudicial killings and political assassinations.
The report records five significant developments, which are likely to have an impact on future trends in extrajudicial killings and enforced disappearances.
The first one is the reporting of a reduced number of police killings and enforced disappearances from the figures Missing Voices Coalition recorded in 2022.
This signifies some level of success in the concerted advocacy interventions. However, it also demonstrates a growing observable trend where police have changed the ways and methods they use to carry out extrajudicial killings and enforced disappearances.
Sadly, at the same time, we have noted increased police impunity and increased killings during demonstrations as occasioned during the Maandamano period.
The Missing Voices Coalition is studying these new trends and will soon inform the public about them, even as it builds the capacity of its members to confront this emerging reality.
The number of police killings in 2023 were 118 in total compared to 130 in 2022. This represents a reduction of 9.2%. Further, the number of enforced disappearances recorded were 10 in 2023, compared to 22 in 2022. This represents a reduction of 54.5% in recorded cases.
In total, 128 people were killed or forcefully disappeared in 2023. This is a 15.8% drop compared to a total of 152 cases recorded in 2022.
Most of the killings occur during police anti-crime operations by state security agencies. In 2023, 58 people were killed because of anti-crime operations compared to 91 cases during the same period in 2022.
Anti-riot killings, however, increased in 2023 due to the Maandamano protests against high cost of living in March and July. Anti-terror related killings decreased from 18 in 2022 to 1 in 2023. Either the government has implemented a softer approach to dealing with terror-related cases or they have found more discrete ways of executing victims, which do not raise alarm in the wider public.
In terms of gender, men continued to be more vulnerable to police killings and impunity. The proportion of men killed in 2023 remained high, at 94% of all victims, compared to 95.3% in 2022. The proportion of women was recorded at 4.7% in 2022, compared to 6% in 2023, a slight increase.
The finding above is significant. Whereas more men continue to be killed, the proportion of women victims rose slightly. This slight increase cannot be ignored, given rising concerns over the phenomenon of “femicide” across the country.
In terms of age, young men aged 19-35 continue to be the main victims of extrajudicial killings and enforced disappearances. This was the case in 2022 as well even though the proportion in 2022 was slightly higher than that in 2023. Out of the 130 recorded cases, young men in this age group made up 40% or 52 cases.
As has been the case consistently, very few police officers who carried out extrajudicial killings and enforced disappearances in 2023 were arrested or prosecuted. Only five (5) police officers were arrested in 2023, while those involved in the other cases (roughly 113) still carry on with their duties, hence increasing the risk of more extrajudicial killings and enforced disappearances due to impunity.
It is notable, that all the five arrests were related to incidents of Gender Based Violence where police officers were engaged in altercations with loved ones and shot them.
Nairobi County continues to record a large proportion of police killings and enforced disappearances. It accounted for 46 out of the 130 recorded cases or 35.4%. This was a slight drop from the recorded cases in 2022, which numbered 53 in total. Kisumu County, which came second, recorded 9 cases.
We must, at this point, express our grave concerns with the impunity exhibited by the office of the Inspector General of Police in dealing with the Internal Affairs Unit of the National Police Service that acts as an internal accountability arm of NPS. Early this month (April) the IG recalled the IAU Director and transferred over 50 investigators in that office. In the last one-year IAU has had over five directors, a clear demonstration of ill motive on the side of the IG in handling police accountability. The regular reshuffle of the Directors has led to stalling of cases involving police impunity.
The third significant happening in 2023 was the release of the report of the National Task Force on Improvement of the Terms and Conditions of Service and Other Reforms for Members of the National Police Service, Kenya Prisons Service and the National Youth Service (Maraga Report). The report was presented to the Head of State on Thursday, November 16th 2023, at State House, Nairobi.
The Task Force was set up to identify the legal, policy, administrative, institutional, and operational constraints on effective service delivery by the three services. The report reiterated some of the structural issues that have led to police impunity over the years such as systemic corruption.
The fourth significant happening was the commitment made by the Attorney General, Justin Muturi, on Kenya’s possible ratification of the International Convention for the Protection of All Persons From Enforced Disappearance (ICPPED).
Muturi made the commitment during the celebration of the 75th Anniversary of the Universal Declaration of Human Rights (UDHR) at Gigiri, Nairobi.
Missing Voices Coalition has been at the forefront, advocating for the ratification of the Convention, which Kenya signed in 2007. The delayed ratification of the Convention has continued to deny MVC and other stakeholders an important tool in fighting against enforced disappearances.
The fifth major development was the arraigning in court of police officers, most notably, Ahmed Rashid, on charges of murder. Rashid was charged with the murder of Jamal Mohamed and Mohamed Dahir Kheri that happened in 2017.
The charging of Ahmed Rashid is significant in causing deterrence, this is backed by a significant decrease in police killings by Pangani Police station where Ahmed Rashid ran the Pangani six squad. Police killings by Pangani police station reduce from 30 cases in our 2021 report to 11 killings in the 2022 report and now seven cases in the 2023 report.
Though the arraignment of individual suspected perpetrators cannot, in itself, deal with the structural causes of police impunity, it advances the fight against police impunity by assigning individual responsibility.
A call to action:
Attorney General:
Inspector General:
To the DPP:
Judiciary:
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It is with profound sadness that the Defenders Coalition and the human rights defender’s community mourns the passing of Benna Buluma, a courageous activist and leader in the fight for justice. Mama Victor joins a long list of Kenyans that have lost their lives recently following high rainfall, whose flow is casually, recklessly or simply not managed at all by the relevant government authorities and its wanting leadership.
Mama Victor’s life was marked by resilience, and her commitment to seeking truth and justice for victims of police impunity will forever inspire us. She chose to speak up about cold-blooded killing by police of her two sons – Victor and Benard in August 2017. Despite the unimaginable pain of losing her sons Mama Victor inspired countless others who have suffered similar losses to develop a Network of Justice Worriors of Mothers whose Sons were victims of Police killings and impunity.
Defenders Coalition amplified Mama Victor’s resilience through the DAILY NATION in 2022. Read https://defenderscoalition.org/enough-is-enough-we-can-not-lose-our-sons-to-police-bullets-no-more-meet-benna-buluma-aka-mama-victor/
The Mothers of Victims and Survivors Network supported families affected by extrajudicial killings. Under her leadership as the network’s co-convenor, the Network expanded its reach to communities across Nairobi, including Kayole, Mukuru, Kasarani, Kibera, Kariobangi, and Dandora. Mama Victor’s tireless efforts to amplify the voices of the victim’s families and demand accountability from those in power have left an unforgettable mark on Kenya’s human rights landscape.
The conspicuous absence of Mama Victor at the April 24, 2024 Launch of 2023 Missing Voices Coalition Report on State of Extra Judicial killings in Kenya triggered uncomfortable murmurs regarding her whereabouts and safety as her phones were unanswered. HRDs attending the launch kicked off a search at Mathare North where she lived with her family. That the government officials and its leadership was unavailable to support the HRDs who eventually traced hers and other bodies victims of flooding is deeply concerning.
As we mourn the loss of Benna Buluma, let us also honor her memory by reminding ourselves of the pursuit of justice for the victims of extrajudicial killings and their families.
The Defenders Coalition and the human rights defenders community stands in solidarity with Benna’s family, friends, and colleagues, and we pledge to continue the work that she so passionately championed. Benna may no longer be with us, but her legacy will endure as a beacon of hope and resilience for those dedicated to the quest for justice.
Rest in power, Benna Buluma.
The National Coalition of Human Rights Defenders Kenya (Defenders Coalition) and the Working Group on HRDs in Kenya, which brings together CSOs, the United Nations, and development partners concerned with the protection of HRDs, will be hosting the Eight edition of the HRD Awards on 29th November 2024. The Awards aims to honor and publicly recognize the important work of HRDs in Kenya, by giving out awards to persons who have demonstrated great courage, innovation, and impact in the promotion and protection of human rights and fundamental freedoms. The awards are presented in four categories: the Munir Mazrui Lifetime achievement award, the Human Rights Defender of the year Award, the upcoming Human Rights Defender of the year Award and the Global solidarity Award.
WHO QUALIFIES?
The Working group will recognize the contribution of HRDs who promote and protect human rights in accordance with the Universal Declaration of Human Rights and the Declaration on Human Rights Defenders.
Nominations are open to human rights defenders with demonstrable courage, innovation, and impact of their human rights work on the community. You can self-nominate or nominate an individual that you believe are deserving.
Please Note:
The shortlisting committee does not put into consideration the number of nominations received for an individual as a merit for the award. Shortlisting and selection is based solely on demonstrated impact and achievement.
The Working Group reserves the right to recall and/or revoke any Award given out to any recipient where in the even the recipient is found to have contravened the basic principles of human rights.
Click Here : Nomination Form-English
Click Here: Fomu Ya Uteuzi
Dear Friend, Supporter, Comrade, Colleague and Partner,
Happy new year greetings from Defenders Coalition.
We wish to share with you highlights of the progress of our critical work in support of Human Rights Defenders for the first three months of 2024.
We invite you to learn about our work of supporting the safety, security and Wellbeing of Human Rights Defenders in Kenya and how you can support it.
Regards.
Respect Citizens Right to Record Law Enforcement Officers – CFF PRESS RELEASE
FOR IMMEDIATE PRESS RELEASE
NAIROBI, Kenya, April 4th, 2024 – Respect Citizens Right to Record Law Enforcement Officers.
Civic Freedoms Forum (CFF) through its members condemn the actions of Nairobi County Governor Jonson Sakaja ordering his law enforcement officers to arrest anyone seen filming of taking photos of officers on duty. Over the years, concern over brutality and other forms of misconduct by city askaris (kanjos) has led many citizens to record interactions with law enforcement.
Our Constitution 2010 envisages civilian oversight of the law enforcement to ensure accountability and professionalism by and among the officers. The basis of the right to record a police officer performing their duties is that each citizen has a right to discuss political matters and the performance of government officials. Citizens also have a right to access information regarding these topics. In other jurisdiction, including United Kingdom, where Kenya borrows most of its laws, any member of the public or media crews can film and photograph incidents in public places. Similarly, in United Stated the First Amendment protects the right to record officers in public so long as it does not interfere with the officer’s duties and is not done secretly. The French law also allows journalists and individuals to film or photograph the police in the public space and to publish the images.
The right to film or photograph the police is a key safeguard of human rights and civil liberties, particularly in situations that present a high risk of violations, such as stop-and-search operations, identity checks, or protests. It is public knowledge that filming the law enforcement in action is a way to de-escalate tensions and potential violence, as the officer is forced to behave in accordance with the law. The videos and photos also provide evidence to support victims’ claim against the officers in cases where abuse occur. In November 2021, Former Inspector-General of Police Hillary Mutyambai, while at a public forum acknowledged that police officers can be recorded while on duty so long as the person taking the photos or videos does not do so out of malice. The same rules apply to everyone including security guards, traffic marshals, county askaris, court bailiffs, the emergency services etc.
We, therefore, call upon Nairobi County Governor, Johnson Sakaja, to withdraw his order and apologize to Kenyans for the illegal, inhuman treatment of traders and innocent civilians by the city askaris.
Signed by
| 1 | Article 19 Eastern Africa |
| 2 | Constitution and Reform Education Consortium – CRECO |
| 3 | Defenders Coalition |
| 4 | Independent Medico-Legal Unit – IMLU |
| 5 | InformAction TV |
| 6 | Initiative for Inclusive Empowerment – IIE |
| 7 | Inuka Kenya Ni Sisi! |
| 8 | Kenya Human Rights Commission – KHRC |
| 9 | Muslims for Human Rights – MUHURI |
| 10 | Partnerships 4 Empowerment and Networking in Kenya (PEN KENYA) |
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In the heart of Kakamega County, amidst the vibrant colors of International Women’s Day celebrations, stood a beacon of hope: Elizabeth Kingi, the Officer in Charge of Police Division (OCPD) from Kakamega Police Station. While radiating strength, she took the stage at the 5th Annual Ni Mama Event, igniting a fire of inspiration in the hearts of every woman present.
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Dressed not just in her official uniform, but also in the resolve to champion women’s rights, Elizabeth Kingi began her address with a call to unity. Her words echoed through the gathering, weaving empowerment and solidarity that knew no barriers of age, ethnicity, and background. In that moment, the women of Kakamega County became more than just individuals; they became a force, united in their quest for equality and justice.
With a voice as steady as her commitment, Elizabeth Kingi spoke of the significance of the occasion, acknowledging the struggles and triumphs of women throughout history. She emphasized the importance of women supporting each other, not just on International Women’s Day, but every day, in their journey towards equality and justice. Her words resonated deeply, echoing the sentiment of sisterhood and collaboration, reassuring the women present that they were not alone in their struggles.
As she spoke, Elizabeth Kingi’s passion for her cause became palpable, infusing the air with a sense of urgency. With each word, she painted a vision of a world where women could walk freely and live free from the shadows of fear and oppression. Her invitation for the attendees to visit her office was not just a gesture; it was a promise of support, a beacon of hope in a world often plagued by indifference.
Gratitude laced her words as she acknowledged the tireless efforts of the Defenders Coalition and the challenges faced by women in their daily lives. But it was her declaration, “Enough is enough. A woman must be protected. A woman must enjoy her rights,” that vibrated through the crowd, igniting a spark of determination in every heart.
In outlining the measures taken by the National Police Service to combat gender-based violence, Elizabeth Kingi laid the groundwork for a safer, more inclusive society. Her commitment to a victim-centered approach was not just a policy; it was a testament to her unwavering dedication to justice and empathy.
With keen detail, Elizabeth Kingi outlined the steps taken by the police to ensure prompt and professional handling of cases involving women. She spoke of the establishment of gender-based desks in every police station, specialized training for officers, and the provision of a conducive environment for victims to report their cases. Her words carried the weight of authority yet were heavy with compassion and understanding.
As the meeting ended, Elizabeth Kingi’s words lingered in the air, a promise of hope and change. In her, the women of Kakamega County found not just an ally, but a fearless leader—a beacon of light guiding them towards a future where every woman is respected, protected, and empowered.
In Kakamega’s history, Elizabeth Kingi’s name will be etched as more than just a police officer; she will be remembered as a trailblazer, a visionary, and a guardian of women’s rights. Her legacy will inspire generations to come, reminding them that with courage and unwavering determination, they too can shape a world were equality reigns supreme. Through her extraordinary leadership, Elizabeth Kingi has not only transformed the landscape of Kakamega County but has ignited a spark of change that will illuminate the path towards gender equality across Kenya and beyond.
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