HARASSMENT, INTIMIDATION, ABUSE OF OFFICE BY POLICE OFFICERS IN KILIFI COUNTY
The Defenders Coalition condemns the unalwful disruption of Center for Justice Governance and Environmental Action’s (CJEA) community engagement meeting by police officers in Uyombo community, Kilifi County.
According to reports, this concerning incident occurred on 21 September 2023 when the community was invited upon by the Assistant County Commissioner (ACC) to attend a meeting on the same day as the community engagement session. Despite CJEAs willingness to cooperate, the ACC made threatening remarks and subsequently ordered a violent police dispersal of CJEA’s activity.
This heavy-handed response, which included the removal of equipment and intimidation, is a direct attack on the civil society’s legitimate activities to mobilize communities to stand up for promotion and protection of their rights.
We are concerned that this gross violation of fundamental civil freedoms comes at a time when the Center for Justice Governance and Environmental Action is litigating on behalf of over 3,000 residents of Owino Uhuru in Mombasa, who suffered gross human. Rights abuses following the operations of a lead battery recycling factory in the residence exposing them to numerous health hazards.
We categorically denounce this illegal, arbitrary, and abuse of power action by the security unit.
Defenders Coalition stands firm in our commitment to defending civil liberties, justice, and environmental rights.
UPDATE FROM MERU HIGH COURT WHERE PATRICK NAWEET IS STANDING TRIAL FOR THE MURDER OF WOMAN HUMAN RIGHTS DEFENDER ELIZABETH EKARU
The Meru High Court on 19 September 2023 heard from two witnesses, a detective and government chemist, on their findings regarding the murder of woman human rights defender Elizabeth Ekaru.
During the hearing, Government Chemist Benard Kipng’etich told Justice Edward Murithi, the High Court Judge in Meru, that the DNA tests conducted on the samples provided linked Patrick Naweet to the murder.
Additionally, the investigating officer Mr Kubai Mungania’s testimony indicated that the probe by sleuths squarely placed the suspect at the centre of the Elizabeth’s murder.
Mr. Kipng’etich and Mungania were the tenth and eleventh prosecution witnesses brought before the court by the prosecution.
In a narration that seemed like a scene from a Hollywood movie and a meditated act, Mungania testimony told the court that the victim was walking home, after attending a burial, when Naweet attacked Elizabeth with a dagger. He said their investigations had established that the suspect lured the deceased to a piece of land they had been fighting for where he stabbed her to death.
“I was able to establish that the victim had attended a burial on the fateful day. While walking home in the company of her niece, a minor, the accused called Elizabeth. They walked together towards a disputed land,” Mungania said.
He said Ms Ekaru asked the young girl to go away as they spoke. However, after walking a distance of 50 metres, the girl heard Ekaru scream for help.
“The niece rushed back to the scene. She saw the suspect holding the weapon (a dagger) with blood on it. The deceased was lying down soaked in blood,” Mungania said.
The court heard that members of the community who were coming from the same burial as Elizabeth responded to Ekaru’s cry for help and caught up with Naweet, who attempted to run away with the murder weapon in his hand.
After they caught him, the mob stoned Naweet to avenge Ekaru’s death. Naweet was however rescued by the police and taken into custody.
The Justice Murithi set October 12 date for submissions.
Defenders Coalition is pursuing justice for Elizabeth, a WHRD who was murdered in a gruesome manner on 3 January 2022.
Defenders Coalition has been supporting the legal representative in this matter as well as Human Rights Defenders from Isiolo and Laikipia to attend the court proceedings.
Defenders Coalition is keen to ensure that justice is served and the case be a pioneer jurisprudence in the administration of justice on matters safety and security for human rights defenders.
Cases such as the murder of environmental defender Joanna Stutchbury, Caroline Mwatha and Esther Mwikali remain unresolved.
Commemoration of the World Suicide Prevention Day 2023
The Defenders Coalition marked the World Suicide Prevention Day on 10 September 2023 through bringing Human Rights Defenders together for group debriefing activities.
The afternoon event attracted over 150 human rights defenders from across Nairobi and its environs such as Kiamaiko, Kariobangi, Mukuru and Mathare Social Justice Centres.
Four speakers shared their lived experiences with mental health and their journeys of resilience to overcome mental health challenges.
The need to support the debrief activity was because of the prevailing operating environment for HRDs. Documented challenges such as harassment, arrest, judicial persecution, assault, detention and sometimes, unfortunately, stigmatisation, surveillance, criminalization of their work, suppression, enforced disappearance and extrajudicial killings are increasingly being considered to be the source of wellbeing concerns among HRDs.
Further, the forum served the purpose of increasing awareness on the state of their mental wellbeing services and available support mechanisms.
Mary Gitau, a Suicide Prevention & Mental Health Specialist noted that it is the little things in our lives that constitute our wellbeing. Beyond the need to do our work and realize justice for all, we must take care of ourselves. She emphasized that our impact can be felt much more when our wellbeing is a priority.”
The Executive Director of Defenders Coalition. Mr. Kamau Ngugi noted the need to decriminalise suicide.
“The existing legal framework makes it difficult for people with mental health issues to seek support. Reviewing the law to allow for open conversations on mental health and suicide will ultimately save lives,” Kamau noted.
Defenders Coalition is deliberately spearheading conversation on the wellbeing of HRDs in Kenya. We believe that HRDs who are social champions have a right to access unique wellbeing support due to the nature of human rights work in Kenya.
Nairobi, 12 September 2023
The National Coalition of Human Rights Defenders in Kenya (Defenders Coalition) applauds the decision by the Supreme Court of Kenya to uphold its landmark judgment of February 24th, 2023, that upheld the supremacy of the constitution of Kenya regarding freedom of association.
Today’s ruling affirms and acknowledges the right to associate and everyone’s right to enjoy all human rights and freedoms as enshrined in our constitution. Homa Bay Town lawmaker, Peter Kaluma had appealed Supree Court ruling affirming ruling of lower courts allowing the registration of LGBTQ lobby groups under the NGOs Act.
The Supreme Court dismissed the Appeal and found that Mr Kaluma failed to demonstrate that the February ruling on NGLHRC’s registration had been obtained by fraud or deceit or that the court was misled into giving its judgment. “In our view, the application is a disguised appeal from this Court’s judgment and does not fall within the confines of the parameters prescribed for review by statute and applicable case law”.
Defenders Coalition welcomes this affirmation as it champions constitutionalism, specifically Article 27 (4) of the Constitution of Kenya that prohibits the discrimination based on gender, sex, colour, religion, conscience, marital status, pregnancy, health status, ethnic or social origin, colour, age, disability, culture, dress language or birth.
Defenders Coalition will continue to support the safety, security and wellbeing of Human Rights Defenders in Kenya to ensure freedom from harm, especially when advocating for the rights of all Kenyans and global citizens.
JUNE – JULY 2023 NEWSLETTER BY DEFENDERS COALITION – KENYA
Dear Friend, Supporter, Comrade, Colleague and Partner,
We are happy and proud to be associated with you because of your revolutionary and unwavered commitment to human rights work, democracy and the rule of law.
We wish to share with you highlights of the progress of our work during the period June through to July 2023.
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.
TERMS OF REFERENCE
CONSULTANCY FOR THE DEVELOPMENT OF INFORMATION, COMMUNICATION TECHNOLOGY POLICY
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 champion the safety, security and wellbeing of Human Rights Defenders (HRDs). Established in 2007, Defenders Coalition is the only national organization that works primarily for the protection of HRDs.
In its Strategic Plan 2020 – 2025 which outlines the vision, ambition and strategies of realizing the same, which is also aligned to global human rights instruments, seeks to effectively reposition Defenders Coalition in the rapidly changing environment especially in technology. Defenders Coalition takes a holistic approach in its work geared towards a safe and secure environment for HRDs through an established rapid response mechanism, capacity building and knowledge management structures. To address concerns of HRDs is the core business of Defenders Coalition and thus works towards increasing their capacity in safety and security as well as their knowledge in the policy and legal environment within the human rights context as well as inclusion of technology.
Defenders Coalition aims to develop an ICT Policy to support organizational strategic focus areas by improving efficiency and safeguarding ICT Infrastructure.
The purpose of this Information and Communication Technology (ICT) Policy for Defenders Coalition is to establish guidelines and procedures for uptake and usage of ICT resources in the organization.
Defenders Coalition provides a wide range of computing, networking and telecommunications resources and services to the personnel working with the organization. These resources and services have been established to facilitate implementation of programs, projects and administrative activities and to support service delivery by Defenders Coalition.
Defenders Coalition therefore seeks an ICT Policy Consultant who will work closely with Defenders Coalition to develop a comprehensive and practical ICT Policy.
The development of ICT Policy will be conducted by an external consultant who will lead the ICT Team and will work under the supervision and support of the Defenders Coalition Executive Director. The consultant is expected to develop a technical detailed methodology and framework design of the ICT Policy, taking into consideration the current policy environment and aligned to the Defenders Coalition overall strategy.
The consultant(s) should have the following qualifications/expertise:
The consultant shall present to the Defenders Coalition both financial and technical proposal for the project. The technical proposal must cover all important aspects of the solution and the financial proposal should cover professional and support costs.
Interested applicants who meet the job requirements and qualifications and with the right personal attributes are invited to complete and submit the following:
All applications should be sent to Defenders Coalition procurement@defenderscoalition.org copied ict@defenderscoalition.org by 25th August 2023. Quote “ICT POLICY CONSULTANCY” in the subject line of your email.
Successful applicants will be notified by 1st September 2023 and given further guidelines on the assignment.
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, martial status, sexual orientation, religion, gender, or ethnicity. Only successful candidates will be contacted.
CALL FOR APPLICATIONS FOR THREE (3) PROGRAM INTERNSHIP POSITIONS
The Defenders Coalition which is the National Coalition of Human Rights Defenders–Kenya (NCHRD-K) 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 and to reduce their vulnerability to the risk of persecution, through protection, capacity building, and advocacy for a favourable legal and policy environment.
Established in 2007, Defenders Coalition is the only national organisation that works primarily for the protection of HRDs. To compliment the work of the three programmes within the organisation, the Defenders Coalition seeks to recruit suitable candidates for the position of Programmes Intern. Reporting to the Programmes Officer assigned.
Particularly, Defenders Coalition is looking for candidates with a background in finance, Information Communication and Technology (ICT), and journalism/public relations/marketing.
The Programmes Intern will be responsible for:
Qualifications
The Applicant should possess the following attributes:
Duration of internship:
The engagement shall be for a period of three (3) months with possibility of extension.
Remuneration:
Defenders Coalition will provide a stipend for the duration of the internship.
Application deadline:
The application deadline is 20th August 2023.
How to apply:
This is a great opportunity for learning. It will provide opportunities of delving deep into the human rights and civil society sector in Kenya and the region.
Interested candidates are required to submit an application for consideration by sending their resume including three (3) contacts of referees and a brief covering letter highlighting your key skills and your availability to mailto: jobs@defenderscoalition.org indicating on the subject line “APPLICATION FOR INTERNSHIP”
The Cover letter should be addressed to:
The Secretariat
National Coalition of Human Rights Defenders of Kenya (NCHRD-K)
P.O. Box 26309 – 00100 GPO, Nairobi.
TERMS OF REFERENCE FOR THE DEVELOPMENT OF DEFENDERS COALITION PROTECTION POLICY
The National Coalition of Human Rights Defenders- Kenya (Defenders Coalition) is a national membership organization established in 2007 and registered under Kenyan law as a Trust. The Defenders Coalition works primarily for the protection of Human Rights Defenders (HRDs) in Kenya. Among others, the Defenders Coalition strengthens capacities of HRDs to work more effectively, besides advocating for favorable legal, policy and institutional environments to reduce their vulnerability to the risk of persecution and or harm.
Defenders Coalition has over the years established itself as a dependable professionally run institution focusing on the safety and protection of HRDs and is the only national organization working primarily for the protection of HRDs in Kenya.
Defenders Coalition has a deep passion and commitment for human rights. Our human rights work is underpinned by human rights principles of participation, professionalism, accountability, non-violence and do no harm. We support actions that deepen mutuality, respect for diversity, equity and equality. We commit ourselves to constitutionalism and will abide by just and progressive laws. Defenders Coalition believes that every individual is entitled to the rights and personal liberties, security, and social justice, and that HRDs are key to advancement and realization of these rights.
Our work draws from universal human rights principles and protocols. We thus dedicate resources and capabilities to protect, promote and actualize the rights, safety, security, freedoms, and general wellbeing of HRDs. We do this as a basis of addressing prevailing systemic violations, oppression and or attempts at de-legitimization of the work of HRDs.
Under the current operating environment duty bearers often delegitimize the work of HRDs and their demands for justice are branded as deviant while also fueling widely prevalent prejudices and fears that serve to polarize societies and silence dissenting views. In this context, human rights defenders cannot rely on state protection as they form part of the perpetrators attacking them. While approaches to HRDs protection have evolved into standardized practices on physical security and emergency response there is still insufficient investment in long-term approaches that strengthen individual and community safety while confronting the root causes of violence and inequality.
Elimination of intimidation, violence and delegitimization of the work of HRDs is a prerequisite to their safety, wellbeing, and effectiveness. Putting an end to such violations require dismantling of the structural norms, perceptions, structures and systems that cause, contribute to or sustain such violations. This also requires that duty bearers fulfil their obligations to protect, respect and promote the rights of HRDs, including implementing effective protection mechanisms for HRDs at risk, or punishing those responsible for attacking them.
A system approach that promotes an enabling environment where HRDs are protected and can work without fear of reprisal or punishment is crucial and ensuring that protection services offered to at risk HRDs are within guided by well documented regulations and guidelines will protect the integrity of the services. Therefore, the Defenders Coalition will be seeking to engage a consultant to develop its Protection Policy.
2. Scope of work
Assist Defenders Coalition to consolidate and strengthen ongoing efforts and measures to respond to HRDs protection issues. This means ensuring the prevention and protection of HRDs from any forms of violations and abuses through the development and adoption of Protection policy grounded on relevant legal instruments.
The specific objective of the assignment is to support the Defenders Coalition to develop and finalize a Protection policy. The policy should aim to be ambitious in its long term aims, but specific and realistic for Defenders Coalition protection mechanisms in the short and medium term.
The selected consultant shall also be expected to undertake the following tasks:
3. Required qualifications and expertise of the consultancy firm/individual.
Skills and Experience required
Interested candidate should send the following documents to defenders coalition via procurement@defenderscoalition.org indicating ‘Expression of Interest for the Development of the Protection Policy’ as the subject of the email by end of day 18th August 2023.
The following documents are to be submitted.
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.
Signed1. |
Amnesty International Kenya |
2. |
Article 19 Eastern Africa |
3. |
Kenyan Section of the International commission of Jurists – (ICJ) Kenya |
4. |
Constitution and Reform Education Consortium – CRECO |
5. |
Defenders Coalition |
6. |
FIDA Kenya |
7. |
Haki Afrika 20 |
8. |
Independent Medico-Legal Unit – IMLU |
9. |
Inform Action |
10. |
Initiative for Inclusive Empowerment – IIE |
11. |
International Centre for Transitional Justice |
13. |
Inuka Kenya Ni Sisi! |
14. |
Kariobangi Paralegal Network |
15. |
Katiba Institute |
16. |
Kenya Human Rights Commission – KHRC |
17. |
Kenya’s for Peace, Truth and justice |