ALERT: PHYSICAL ASSAULT OF RIGHTS DEFENDER FATUMA YUSSUF

7 AUGUST 2023, Nairobi, Kenya

On 4th August 2023, Defenders Coalition received concerning information about the assault of a person with disability and rights defender- Fatuma Yussuf – by Officer Commanding Station (OCS) Wajir East Police Station.

It was reported that the OCS attacked Fatuma and dragged her on the ground.

Prior to the assault, a group of WHRDs in Wajir East had submitted a notification to the OCS notifying him of a planned women empowerment gathering, which the OCS was yet to respond to.

Failing to respond, the WHRDs approached Fatuma to intervene on the matter due to her known work and good rapport with law enforcement agents within the county.

Accompanied by one of the women, Fatuma went to the police station to seek audience with the OCS where they were met with hostility upon arrival.

Allegedly, the OCS denied the notification, citing their failure to part a fee of Ksh. 7000. When Fatuma demanded an explanation on the said charges, the OCS pushed the frail Fatuma on the ground and commanded other officers to kick her out of the station.

This is a reminder of the many challenges that human rights defenders face as a result of speaking up violation, many a times from the very institutions meant to keep them safe.

Defenders Coalition condemns this senseless attack on Fatuma Yussuf by the OCS and reminds OCS that seeking audience with duty bearers does not warrant physical assault but rather facilitate the process of seeking solutions to the concerns of human rights defenders within the law.

*ENDS*

KENYA MARCHING SLOWLY INTO A POLICE STATE

NAIROBI, Kenya, July 21st 2023 –

The last few months Kenyans have witnessed waves of protests by various groups, including civil society organizations, general public, public service vehicle operators, taxi drivers, a section of civil servants and political opposition, as an expression of anger over the soaring cost of living, controversial tax hikes contained in the Finance Act, and mandatory retesting for all PSV drivers. Most of these groups spilled into the streets to exercise the freedom of assembly and right to protest with hopes that the state agencies responsible would listen to the plights. Unfortunately, these groups have been met with brutal force by the security agencies resulting in serious injuries, extra-judicial execution, and forced disappearances.

From July 7 to 19, Civil Society Organizations (CSOs) have reported 27 extrajudicial, summary, and arbitrary executions (EJE) – Fatal police shootings. While President Ruto had promised to end the era of police killer squads, the recent unfoldings reveal that the security agencies have clear intentions to execute protestors. In fact, it has been reported that some of these officers masquerade as journalists in order to arrest and execute protestors. The five deaths in Mlolongo are clear examples of state-ordered executions. Out of these, 3 had gunshots to the head, 1 had gun-shot wound on the chest (close range), and a lady had gun-shot wound on the back. This shows that there was clear intention by the security agents to shoot-to-kill. All the five shootings took place miles away from the ExpressWay where the main protests were ongoing.

The use of non-uniformed officers who in most cases are seen to use vehicles with either distorted or no number plates, bundle protestors into car trunks and speed off to unknown locations is also on the rise. These actions contravene the Criminal Procedures Code and Police Standing Orders. Moreover, these are tactics that Kenya’s killer cops who abduct and forcefully disappear or extra judicially kill Kenyans have employed over the years, where human rights defenders have fallen victim on several occasions. We are also disturbed by cases of police officers masquerading as journalists on duty, with the intention of arresting protestors. This, from our view, is an ethical issue that compromises the gains made by the media fraternity as well as trust with sources of news for proper documentation and objective reporting; put the journalists at risk of harm while on duty.

We are witnessing a disturbing pattern of police operation that exposes the country to civil strife and informal repression. Police are now working together with what appears to be private militia to attack and butcher people in Dandora and Kibera in Nairobi, Mlolongo in Machakos and some areas in Kisumu and Migori. These strikes are taking place in the cover of darkness with hope of shielding perpetrators from accountability.

We condemn the increased targeting and attacks against human rights defenders by security agencies during the protests. The attacks are a worry considering the precarious working environment for Human Rights Defenders who are already working in an environment that is constricted. We are concerned that at least 43 human rights defenders (HRDs) have been arbitrarily arrested, abducted, unlawfully detained and slapped with criminal and trumped-up charges.

We can confirm that 34 HRDs were arrested on July 7 in Nairobi and Turkana Counties respectively, 1 HRD was assaulted, arrested, and detained without access to medical attention on 12 July, 2 in Kajiado County on 12 July, 2 HRDs were attacked at their office on 19 July 2023 while one, Boniface Ogutu has been abducted on 20 July. His whereabouts are still unknown. Additionally, we are also shocked by reports of alleged torching of Nyando Justice Centre by police officers. The center that has been in operation for close to 10 years is an immediate neighbor to Ahero Police Station.

It is with deep concern and regret that we witnessed even children in schools being tear-gassed by police. 50 innocent children in Kihumbuini Primary School in Kangemi, Nairobi County were tear-gassed while in the safety of their school. Another group of children in a kindergarten school in Nakuru County were tear-gassed by the same police officers that are mandated to protect them. This came shortly after a similar incident that occurred in Ndurarua Primary School in Kawangware, Nairobi County where police tear-gassed the school in a bid to disperse protesters right outside the school thereby leading to the hospitalization of 35 pupils in May. It is very unfortunate that even innocent children are not exempted from the wrath of rogue police officers who have no regard for the constitution.

With this regime, journalists have also been caught on crossfire. It seems there is a motive to silence them through subtle tactics. First, it started when the Director of Criminal Investigation (DCI) published images of protesters, taken by journalists, and said the demonstrators were wanted. This exposed journalists to risks of being attacked by protesters. Again, on Wednesday, a police officer masquerading as a journalist arrested a protester in Mathare. We all know what is likely to happen when reporters show up with their cameras in closed areas like Mathare: they are now marked men and women.

Despite these facts and evidence of police brutality, the President on Thursday thanked police for “standing firm and ensuring that there is peace” while the interior minister, Prof. Kithure Kindiki, said police acted with “utmost professionalism” and public “hooliganism” had been contained. We condemn these statements

In Nakuru West, a member of parliament, Samuel Arama, brandished his gun on Wednesday when peaceful demonstrators questioned him over the passage of the Finance Bill. At some point he was heard in a viral video threatening to pull the trigger if protesters did not disperse. This action is against section 88 of the Penal Code of Kenya. Leaders must exercise their positions responsibly, and promote unity, understanding, and constructive dialogue rather than fueling unrest. It is vital for the nation’s stability and prosperity that leaders act as beacons of hope and reason.

We also acknowledge that not all the protesters are peaceful, though. Some are vandalizing private and public property and robbing by-standers. This act of hooliganism is unacceptable and should not be tolerated. The right to protest comes with responsibility. It does not permit protesters to cause havoc and destroy properties. Also, we know that not all cops are rogue, as such, we commend those who continue to do their work per the law.

However, this does not mean Kenyans are enjoying over taxation. President William Ruto was elected last August pledging to champion the interests of the poor, but prices of basic commodities have risen under his administration. Several groups including civil society presented petitions to Parliament opposing the new taxes, but our recommendations were not considered. Already the court has issued conservatory orders stopping the implementation of the law. 3

Call to action

In response to these troubling events, we call for the following actions:

1. The Independent Policing Oversight Authority (IPOA) and the Internal Affairs Unit (IAU) should investigate cases of arbitrary arrests, mistreatment and all atrocities committed by the NPS.

2. The DCI and ODPP should take stern action against public officers (specifically, Nakuru West MP Samuel Arama) who misuse their firearms.

3. The President and the Legislature must repeal or amend the Finance Act to address the concerns raised by the public.

4. National dialogue process that involves all stakeholders including the CSOs, religious leaders amongst others.

TERMS OF REFERENCE FOR A CONSULTANCY

CAPACITY BUILDING AND FACILITATION SKILLS TRAINING FOR TRAINERS OF TRAINERS (TOTs) ON PHYSICAL AND DIGITAL SECURITY MANAGEMENT

CONTRACT PERIOD: 5 working days 

1. Introduction

The National Coalition of Human Rights Defenders– Kenya (Defenders Coalition) is a national organization incorporated in the Republic of Kenya as a Trust. Its mission is to strengthen the capacity of human rights defenders (HRDs) to work effectively in the country and reduce their vulnerability to the risk of persecution through protection, capacity building, and advocacy for a favorable legal and policy environment. Established in 2007, Defenders Coalition is the only national organization that works primarily for the protection of HRDs.

2. Purpose and Elements of the Training

HRDs play a critical role in any given community as they contribute to the protection and promotion as well as the realization of fundamental rights and freedoms. In 1999, the United Nations General Assembly (UNGA) adopted the UN Declaration on HRDs stating that everyone has the right, individually and in association with others, to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels. This Declaration recognized the important role of HRDs, including women rights defenders, and outlined the relevant rights of all HRDs and the obligations of States. Further, in 2013, a resolution specifically speaking to Human Rights Defenders (HRDs) was adopted with Eleanor Openshaw noting that the protection of women human rights defenders is essential for peace, security, development, and respect of all our human rights.

HRDs face various forms of violence and discrimination due to their gender/identification and activism. They are often subjected to intimidation, harassment, physical attacks, cyber-attack, and even murder for their work in promoting human rights. The current operating environment for HRDs is marred with state violations that include threats and harassment leveled against them. Kenyan authorities have continued targeting human rights defenders (HRDs) in Kenya. Cases of attacks, threats, harassment, and executions of Environmental and Human Rights Defenders (EHRDs) with a motive to silencing them have been on the rise. Grassroots environmental movements in Kenya face open hostility for their activism and operate in a challenging environment putting their lives at risk. Some of them have frequently been targets of criminalization by State and non-State actors, due to the issues they work on, particularly, those who defend Land and Environmental Rights, SOGIE, WHRDs, and PWDs. The criminalization of HRDs and their work in Kenya has been witnessed by the use of repressive measures adopted by the police and other state agents in the form of bureaucratic actions, legislation, negative profiling, and judicial harassment.

Providing HRDs with adequate training as trainers of trainers is crucial to enhancing the safety and security of their communities in hostile environments. The risks faced by HRDs are significant, and empowering them with the knowledge and skills to protect themselves and their communities can make a significant difference in their ability to continue their important work. With all these in mind, it is crucial to provide them with adequate training as trainers of trainers so that they are able to enhance the skills of their communities on safety and security while working in these hostile environments.

3. Objectives

The objective of the training is;

• To equip HRDs with digital and physical security management facilitation skills.

4. Expected Outputs

The expected outputs of the consultancy are;

1. To equip 12 HRDs with physical and digital security management skills.
2. To facilitate HRDs to appreciate the importance of prioritizing security within their work and the importance of debriefing.

• To equip HRDs with practical skills and knowledge on how to manage their security and protect themselves while on and off duty

5. Scope and Methodology of the Work

• In preparation for the training, the consultant is expected to develop the program/agenda from the responses in the needs assessment tool.
• The consultant will then develop training content and materials for the physical training on facilitation skills in security management
• The consultant will develop a training schedule and clear methodologies for the five-day training
• Training methodology and materials will be discussed and approved by the Defenders Coalition team before the commencement of the training.

6. Duration and Reporting

This assignment will be completed within 5 days that will be agreed on at a later stage.

A breakdown of how these days shall be utilized shall be reflected in the schedule of work discussed with Defenders Coalition at the stage of engagement.

7. Profile of Consultant(s) 

The consultant(s) should have the following qualifications/expertise:

In order to be short-listed, an applicant must possess the following qualifications and experience:

• Education: Bachelor’s degree in the field of administrative and social sciences, human rights, and other related fields.
• Asset: Master’s degree in a relevant field, Certification in adult teaching or the training of trainers
• General Professional Experience: A minimum of 3 years of general professional experience
• Specific Professional Experience: Provided training in the fields as specified above

8. Non-technical Skills: 

• Conflict Management
• Teamwork
• Time Management
• Creative Thinking
• Problem-solving & Decision-making
• Creative Project Design
• Design-focused Thinking

9. Application Procedure 

Interested applicants who meet the job requirements and qualifications and with the right personal attributes are invited to complete and submit the following:

1. A technical proposal detailing the methodology and work plan
2. Financial proposal

• A brief description of the resource person (s) outlining recent experience in similar assignments

1. At least three references of similar assignment
2. Sample work that is similar to this assignment

All applications should be sent to Defenders Coalition info@defenderscoalition.org copied procurement@defendercoalition.org by Wednesday 9^th  August 2023 Quote “TOT Security Management Training” in the subject line of your email.

Disclaimer:

Defenders Coalition is an equal opportunity employer, committed to ensuring diversity, inclusivity, and gender equality within our organization and work. Defenders Coalition thus will recruit/award the consultancy to the most qualified person /company irrespective of race, color, marital status, sexual orientation, religion, gender, or ethnicity. Only successful candidates will be contacted

Nanyuki: Freedom of Assembly on trial once again

On 19th July 2023, Human Rights Defenders John Maigua and Darwin Wangeci were arraigned in Nanyuki Law Courts for plea taking. They were facing trumped-up charges of  unlawful Assembly, erecting a roadblock, incitement to violence, and creating disturbance, which they pleaded not guilty to.

They were released on a cash bail of Ksh. 10,000 each which Defenders Coalition posted on their behalf.

Darwin and John were unlawfully arrested on 11th July 2023 while peacefully protesting against dangerous sewage disposal practices into a local river.

Police officers are said to have violently arrested them. It is concerning that on 17 July 2023, the two HRDs and in the company of a legal representative were denied access to P3 forms to report on the injuries sustained during their arrest.

The matter is set for mention on 21st July, where the OCS has been summoned to appear before court to respond to the allegations of denial of the HRDs to access P3 forms.

Defenders Coalition will be supporting these HRDs with legal representation throughout this matter.

Kenya: Now is the opportunity to defend Freedom of Expression and Assembly

DefendDefenders and Defenders Coalition- Kenya condemn the recent actions of security agencies during the Saba Saba nation-wide demonstrations and the 2023 SabasabaMatchForOurLives peaceful demonstrations against the high cost of living in Kenya. We express our deep concern over the injuries inflicted upon peaceful protestors and arbitrary arrests which gravely undermine the right to freedom of assembly. We call upon the Kenyan government to uphold its constitutional and international obligations to protect the right to protest and ensure the safety and security of human rights defenders (HRDs) who play a crucial role in advancing democratic principles and social justice. According to CIVICUS Monitor, Kenya is ranked as obstructed. This means, serious restrictions including illegal surveillance, excessive force during protests and physical attacks on journalists occur.

The “Saba Saba” protests refer to a historical event in Kenya. “Saba Saba” means “Seven Seven” in Swahili, and it signifies the date 7 July, which commemorates a pivotal moment in the country’s struggle for democracy and human rights. On 7 July 2023, the Saba Saba protests witnessed a disturbing display of police violence, including the lobbing of tear gas and brutal handling of peaceful protestors. The arbitrary arrests of 75 human rights defenders (HRDs) was reported in Nairobi, Vihiga County, Turkana County, Kisii, Migori, and Mombasa Counties, further highlighting the systematic targeting of those exercising their rights. These actions not only violate fundamental human rights but also create an environment of fear, stifling dissent and hindering the ability of HRDs to carry out their essential work.

We are deeply troubled by the police’s disruptive tactics, including the use of tear gas and stones to disperse crowds, as well as their refusal to accept notifications of peaceful protests, deeming them “illegal.” Such tactics undermine the democratic process and deny citizens their right to express their grievances freely. The police’s actions contradict the Constitution of Kenya, particularly Articles 37 and 33, which guarantee the right to protest, picket, and self-expression, and must be urgently addressed.

“The violent dispersal of lawyers and human rights defenders at central police station while discharging their duty is a serious affront on the due process. We condemn the action of police headed by Mr Moses Mutayi, station head at Central Police station for using unnecessary force including detonating teargas to disperse an eminent person, the former Chief Justice and president of the Supreme Court Dr Willy Mutunga, the human rights defenders and their legal team detained when they were negotiating for the release of detained protestors, on bail.  We further call on the Independent Police Oversight Authority to immediately commence investigations on this and other instances where police officers and commanders used excessive force and abused their powers,” – argued Kamau Ngugi Executive Director at Defenders Coalition, Kenya, and Chairperson of the East and Horn of Africa Human Rights Defenders Network.

We welcome the decision made by the Director of Public Prosecutions not to prefer charges against the 74 peaceful protestors who were arrested on Friday 7 July 2023 while commemorating SabaSaba Day. This decision reflects a commitment to upholding the principles of freedom of expression and assembly, essential elements of a vibrant and democratic society.

However, we remain concerned by the reports of the continued use of violence and excessive force employed against the Maandamano demonstrators on Wednesday 12 July 2023 against the high cost of living. The loss of six lives, along with the grievous injuries sustained by civilians, and children  is a tragic outcome that cannot be justified. We extend our condolences to the families of those who lost their lives and wish a swift recovery to those injured.

We condemn the widespread violence, looting, and destruction of private and public property that occurred during these protests. Such actions not only undermine the objectives of peaceful demonstrations but also erode the fabric of our society. It is crucial that those responsible for acts of violence and destruction are held accountable under the law.

“Acts of violence, looting and destruction of property undermine the exercise of otherwise legitimate and constitutionally guaranteed freedoms of expression and assembly, and fall beyond the remits of behavior protected under such freedoms. All those who seek to exercise these fundamental freedoms must do so lawfully and peacefully, as envisaged by the framers of these rights,” argued Hassan Shire, Executive Director, DefendDefenders and Chairperson of the Pan African Human Rights Defenders Network.

In light of this, we call on:

• Relevant authorities to conduct a thorough and impartial investigation into the events that led to the loss of lives and the use of excessive force.
• Independent Policing Oversight Authority (IPOA) to investigate cases of excessive force and arbitrary arrests during protests. Perpetrators must be held accountable for their actions, and victims must receive justice and reparations.
• The government to take immediate steps to guarantee the safety and security of HRDs, who are at heightened risk due to their role in promoting human rights and democracy. This includes providing adequate protection mechanisms, addressing threats and intimidation, and fostering an enabling environment for their work.
• Law enforcement to implement comprehensive training programs focusing on human rights, peaceful conflict resolution, and the importance of protecting and facilitating peaceful protests.
• The Kenyan Government to ensure that law enforcement fully complies at all times with international human rights law and standards on policing peaceful protests.
• We urge the government and all stakeholders to address the root causes that led to these protests and ensure that genuine grievances are heard and addressed.

For more information, please contact

Estella Kabachwezi, Advocacy Research and Communications Manager

EstellaK@defenddefenders.org  

Obino Nyambane, Research, Advocacy and Communications Manager

obino@defenderscoalition.org

Defenders Coalition welcomes the decision by the Director of Public Prosecutions not to prefer charges against 74 peaceful protestors who were arrested on Friday 7 July 2023 while commemorating the SabaSaba Day, a day marked for citizen action against dictatorship.

This progressive decision rubbishes an attempt by the certain officers within the National Police Service to criminalize the right to Protest. The decision by the DPP affirms our concerns that certain police officers are deliberately involved actions towards the criminalization of constitutionally guaranteed rights and freedoms.

Defenders Coalition calls on the Independent Policing and Oversignt Authority to investigate and hold accountable all police officers that injured peaceful protestors including the individual prosecution of the Officer Commanding Station (OCS) Central police Station – Mr. Moses Mutayi – for illegally detaining the peaceful protestors for 3 days without access to medical care and denial for bail and bond.

We also call on the prosecution of police officers who attacked the former Chief Justice Dr. Willy Mutunga on 8 July 2023 while he made a humanitarian visit to the arrested human rights defenders at Central Police Station.

TERMS OF REFERENCE

 CONSULTANCY TO DEVELOP CAMPAIGN GRAPHICS AND ILLUSTRATIONS

1. WHO WE ARE:

The National Coalition of Human Rights Defenders– Kenya (Defenders Coalition) is a national organization incorporated in the Republic of Kenya as a Trust. Its mission is to strengthen the capacity of human rights defenders (HRDs) to work effectively in the country and to reduce their vulnerability to the risk of persecution, through protection, capacity building, and advocacy for a favorable legal and policy environment. Established in 2007, Defenders Coalition is the only national organization that works primarily for the protection of HRDs.

2. BACKGROUND

As a national institution concerned with the safety, security and wellbeing of HRDs, there has to be interventions to reverse the losses as well as ringfence gains in the shaping of narratives around HRDs and their work. This, by establishing strong and empowering narratives by HRDs, CSOs, the state, members of the public, media and other relevant stakeholders to drive social change in ending violence/negative rhetoric against HRDs and CSOs. Defenders Coalition realizes that it is also necessary to inform and educate the general public and the state about the vital work, particular vulnerabilities of HRDs, and the need to support, if not join,  human rights work.  of HRDs . Moreover, it is important to inform, educate and strengthen the capacities of key stakeholders, government officials, national and regional media, law enforcement agents and National Human Rights Institutions (NHRIs), to support HRDs, including by addressing violence, discrimination, criminalisation, and debunking misconceptions about HRDs.

Defenders Coalition has also noted a rise in coordinated campaigns to attack individuals and groups as well as the rise of anti-rights movements which have resulted in shrinking space for civil society, a backlash against human rights organizations and a rise in attacks against human rights defenders and activists.

With the above in mind, the Defenders Coalition is looking for a consultant to support in documenting the stories, design and lay them out. The outputs, as described below, will enable Defenders Coalition to run its digital campaign. The campaign will highlight the circumstances around which the individuals felt their rights were violated and chose not to stay silent. This, to inspire ordinary Kenyans on how the courage and bravery of ordinary Kenyans can impact other people’s lives and the existence of unwavering support for HRDs from the Defenders Coalition on the occasion of the 25^th anniversary of the Declaration on human rights defenders.

3. OBJECTIVES

The overall objective of this campaign is to document stories of triumph against persecution of 15 HRDs to raise the visibility of human rights defenders on the occasion of the 25th anniversary of the Declaration on human rights defenders.

The specific objectives of this intervention are:

• To raise the profile of human rights defenders in Kenya.
• To convey messages that all actors could be using during the celebration of the 25^th anniversary of the Declaration and
• To publicize the work of Defenders Coalition in supporting the safety, security and wellbeing of HRDs.
• To document stories of triumph among HRDs and with the support of Defenders Coalition so that others can be inspired, to be courageous and commit to protecting and promoting human rights.

4. SPECIFIC TASK

Applicants are expected to submit an elaborate inception report (proposal on their understanding of the assignment including a work plan and budget to guide the process of documentation, creation of the campaign identity using story boards and design, illustration, and layout of the comic book.

5. QUALITY STANDARDS

The consultant shall strive to ensure professionalism and creativity of the outputs. This includes flexibility in review and feedbacking of all outputs and final submission. The consultant shall apply ethical standards related to matters such as confidentiality of informants, sensitivity regarding the handling of information and respect towards staff and beneficiaries of Defenders Coalition’s program.

6. WORK PLAN

An indicative work plan will be put forward for review and approval. The indicative work plan will include the following information:

1. Main activities to be carried out,
2. Tentative dates (by week)
3. Expected outputs,
4. Relevant comments/remarks.

Defenders Coalition shall link up the Consultant with local partners for interviews and on-site field visits where applicable.

7. DELIVERABLES

The main deliverables to be provided by the consultant are:

• Inception Report including a work plan and budget.
• Documentation of 15 stories of HRDs.
• 15 storyboards with 15 comic illustrations. The consultant will be expected to use one comic character.
• Final report in the form of a comic book with all stories in it.
• Campaign/banner artwork for Website, Email marketing, Facebook, twitter, and Instagram

All Outputs will be submitted in English and in digital form, preferably in MS Word, pdf, png and jpeg for images and PowerPoint formats.

8. PROFILE OF THE CONSULTANT

• Proven experience in illustration, design and comic book development.
• Experience in developing reliable data-gathering tools.
• Excellent writing, editing, organizational skills and attention to detail.
• Experience producing comic for geographically wide and/or varied audiences.
• Written and oral proficiency in English is required; working knowledge of Kiswahili and sheng language will be an advantage.
• Knowledge and experience in creating artwork about human rights and social justice issues a plus.

9. REMUNERATION

The consultant shall present to the Defenders Coalition a technical and financial proposal indicating costs of carrying out the documentation, creation and illustration of the 15 stories. Defenders Coalition consideration shall be guided by the experience and track record of the consultant and the accompanying qualifications.

10. HOW TO APPLY

All interested consultants/firms are requested to write an expression of interest by describing their competence/experience and a proposal to show how they will deliver on the identified tasks:

1. Interpreting the terms of reference
2. Providing a detailed professional budget in US dollars.
3. Explaining their competences to meet the requirements of the assignment
4. Attaching brief technical biographical data of the core team-members where applicable
5. Providing evidence of similar work undertaken in the recent past (not more than 3 years).

All applications should be submitted to the Defenders Coalition via email to procurement@defenderscoalition.org

Deadline for submission of Expression of Interest for the campaign is 7 July 2023 at 5:00 PM

Dear friends and supporter of Human Rights Defenders in Kenya,

Defenders Coalition invites you to interact with our work in the second quarter of 2023. We are proud that the Ni Mama Network is taking shape. The vision to strengthen the recognition of the contribution of Women Human Rights Defenders (WHRDs) in the promotion and protection of human rights in Kenya as well in various communities across the globe is growing.

Various actors are subscribing to the idea that women have played and continue to play a critical role in our development, democracy and rule of law.

Download newsletter here 

 NAIROBI, 20 JUNE 2023 – The civic society members under the umbrella of the Civic Freedoms Forum, note with concern the reckless and irresponsible statement made by Cabinet Secretary for Trade, Moses Kuria regarding media reporting on governance and accountability. 

The Cabinet Secretary is reported to have made remarks that targeted the Nation Media Group, stating that the said media house needs to decide whether they are the opposition or the press. This statement was made during the Akorino Annual Convention held in Embu County. The CS is further reported to have threated to sack government officers who would be found to have placed advertisements with the Nation Medeia Group. 

It is disappointing to note that 12 years after the promulgation of a very progressive Bill of Rights within the Kenyan Constitution, rights are still treated as privileges. The freedom of the media is guaranteed under Article 34 of the Kenyan Constitution. The right is also guaranteed under regional and international human rights instruments ratified by Kenya, including, Article 9 of the African Charter on Human and Peoples Rights (Banjul Charter) and Article 19 of the International Covenant on Civil and Political Rights. We, therefore, condemn, in the strongest terms possible, the actions and statement made by Moses Kuria and reiterate that it was in total disregard of his constitutional rights. 

For the avoidance of doubt, the press is under no obligation to side with the government in reporting and dissemination of information. In fact, the Constitution, under Article 34(2) provides that the State shall not interfere with the press or penalize any person for an opinion, view or content of any broadcast, publication or dissemination. 

We, therefore, call upon all government officials, and particularly the Cabinet Secretary for Trade, Moses Kuria: 

• • Desist from continued intimidation and harassment of the press and in this case Nation Media Group. 
• • Withdraw his statement and or threat of firing government employees who work with the Nation Media Group in advertising. 
• • Acknowledge and respect the Constitutional rights particularly the freedom of the media, freedom of expression and access to information. 

We also call upon the Communication, Information and Innovation and Justice and Legal Affairs Committees of National Assembly to investigate the numerous, deliberate and calculated attacks on the media since last year’s general elections, with a view to protecting of media freedoms in Kenya. 

Signed by the following 

1. Kenya Human Rights Commission – KHRC 

2. Independent Medico Legal Unit – IMLU 

3. Article 19 East Africa 

4. Muslims for Human Rights – MUHURI 

5. Defenders Coalition 

6. Constitution and Reform Education Consortium – CRECO 

7. Poverty Eradication Network – PEN 

8. Initiative for Inclusive Empowerment – IIE 

9. InformAction 

10. Inuka Kenya Ni Sisi! 

20TH JUNE 2023, 09.00 (EAT)

The Police Reforms Working Group (PRWG) has supported and advocated for police reforms since the promulgation of the 2010 Constitution. We are cognizant of the police reform journey especially concerning where we came from and where we want to go as a country.

Our attention has been drawn to the supremacy battle between the National Police Service Commission (NPSC) and the Inspector General of Police (IG) regarding the promotion of over 500 police officers.

How policing is carried out is at the centre of the freedom, democracy, and human rights struggle in Kenya since Kenya gained independence. Policing before 2010 was a cesspool of tribalism, nepotism, corruption, state capture and human rights violations against the people of Kenya. The police were an extension of and beholden to the regime and were used to harass and neutralise any persons who would challenge the government of the day. For acting at the behest of the political elite, they were allowed to abuse and extort Kenyans without consequence.

After the atrocities of the Post-Election Violence (PEV), where police were responsible for 400 out of 1133 deaths, police reforms were meant to realign policing to transform it into a service dedicated to protecting the life, rights, and property of all Kenyans in a professional, accountable and human rights compliant manner.

In line with the recommendations of the Philip Waki Report on Post Elections Violence, the Phillip Alston Report on Extra-Judicial Killings and the Philip Ransley Report on Police Reforms, the 2010 Constitution was explicit that a separate, independent civilian body should carry out human resource functions, i.e. the employer of all police officers in Kenya.

However, we are increasingly witnessing a clawback of these reforms. Firstly, Parliament removed National Police Service Commission’s role in the recruitment and appointment of the IG; second, Cabinet Secretaries often give operational instructions to the IG contrary to the law. The latest development, the tussle between the NPSC and the IG regarding the promotions of officers illustrates either a misinterpretation or contempt of the sovereign will of the people of Kenya.

We would like to point out clearly that the Commission is the police employer, in charge of the human resources function. We reiterate that the Commission draws its powers and functions from Article 246 of the Constitution, which gives it powers to recruit and appoint persons to hold or act in offices in the Service, confirm appointments, determine promotions and transfers, and exercise disciplinary control over and remove persons holding or acting in offices within the Service.

On the other hand, we affirm that the Inspector General is the overall commander of the NPS, and not the employer. The IG is mandated under the NPS Act to implement policy decisions, audit police operations and functioning, co-ordinate all police operations, prepare budgetary estimates and develop a policing plan. He is to determine the establishment and maintenance of police stations, posts, outposts, units or unit bases in the county and determine the boundaries of the police stations, outposts or unit bases. He is to determine the distribution and deployment of officers in the Service and recommend to the Commission.

We know that The NPSC have a working arrangement that officially delegated promotions of officers below the Assistant Superintendent of Police or Deputy OCS rank. It does not include transfers and dismissals.

The PRWG-Kenya reiterates that all human resources functions of the National Police Service belong to the NPSC. The IG (the Commander of the NPS) and 2 Deputy IGs, sit in the NPSC to ensure their concerns and input regarding operations and officers are tabled, discussed, and considered by the NPSC.

The PRWG-Kenya, therefore, demands the following: –

1. The NPSC stamp its authority regarding its mandate and jealously protects it. The sovereign people of Kenya gave them that mandate, and they are the only ones who can remove or reallocate such powers.

2. The IG forthwith ceases to disregard the law and the Constitution regarding promotions, transfers and other human resource functions. The IG’s opinion, wishes and reservations should be canvassed at the Commission level, where he sits as a member alongside his deputies.

3. The NPSC and the IG must work together to ensure Kenyans have an accountable and professional police service. The Constitution does not envisage a situation where the two offices work independently of each other.

We reiterate that the current situation is injurious to the morale of police officers, and by extension to the security and safety of all Kenyans, and should therefore be resolved without further delay.

This statement is signed by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional, accountable and human rights compliant policing. They include:

1. Amnesty International Kenya,

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2. Defenders Coalition,

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3. Katiba Institute,

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4. Kenya Human Rights Commission (KHRC),

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5. The Kenyan Section of the International Commission of Jurists (ICJ Kenya),

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6. International Justice Mission (IJM-K),

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7. HAKI Africa

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8. Kariobangi Paralegal Network,