Peter Epakan Lokaale
Peter Epakan Lokaale is a climate justice activist from Turkana, the largest county in Kenya in landmass and one that has been on the receiving end of the impact of climate change which has manifested through unpredictable rainfall or extreme rainfall, frequent and prolonged dry spells and increased daytime temperatures.
About the HRD
While Epakan has a great interest in climate justice, he has expanded his scope to mobilize his community against perenial interclan and inter community conflicts specifically among the Turkana, Toposa, Nyangatom, and Karamoja communities. Epakan equally deploys direct action to mount pressure on the county government of Turkana to follow the due constitutional process in dispensing its responsibility.
Human rights issues engaged in
Epakan works on the accountability of public officials in his county and the twin challenges of climate change, existential for the predominantly pastoralist community in Turkana, and cross-border conflict involving the Karamoja in Uganda, the Toposa of South Sudan, and the Turkana of Kenya.
For the past two years, Epakan has been extensively involved in the promotion of peaceful coexistence of the various communities in Turkana and its neighbouring counties. Among other strategies, he organizes diaogues that bring the in-conflict groups and victims to a fireplace conversation for the in-conflict groups to understand the magnitude and impact of the conflict on everyone in the community. Through this, Epakan has been able to encourage behaviour change among the youth within the in-conflict groups.
Being a member of Free Kenya, Turkana Human Rights Network and The Red Vests Movement, Epakan is also involved in the push for good governance and social accountability by coordinating activities such as public assemblies to petition the county government.
“During our Saba Saba protest, we highlighted many concerns, including the roadside appointments made by the Turkana governor in funerals, barazas, and churches without adhering to proper due process. These actions undermine the principles of fairness and equal opportunity fundamental to our democratic system. We demanded accountability from our leaders and insisted on ending the culture of favoritism and nepotism perpetuating injustice. This caught the eyes of many people, who reacted by calling for accountability through a public uproar on social media and other platforms.”
In all of Epakan’s human rights, the community- -rights holders are the pillar of his advocacy with the duty bearers.
Degree and level of difficulty
In the course of his work and the sensitivity of the subject matters he is engaged in, Epakan has faced pushback, personal safety issues, harassment and intimidation, particularly in his fight pushing the government to lower the cost of living, taxes and the fight against discrimination of LGBTQI individuals. He has been subjected to online trolling and even physical intimidation by those who oppose his principled stance on human rights issues including from government officials and occasionally the community who are incited against him by the officials.
“In 2019, when Egalan, Salman, and Danson were beaten and arrested, MCA Kanamkemer ward was heard telling the goons who were doing the operations of arresting comrades saying, “Tutafute mkubwa wao yuko Nairobi amejificha uko!” After being told that I had to switch off my phone and shift to my friend’s place, where I stayed for 3 weeks.”
Despite these challenges, he remains steadfast in his commitment to transparency and accountability.
Why the HRD stands out from others working on similar issues
Climate change and conflict in Turkana County are two perennial issues that threaten the lives and livelihood of the community, which predominantly relies on pastoralism as a means of livelihood. These issues, especially climate change, need more attention from advocates. Engaging on these issues makes Peter an outstanding awardee, especially considering the linkages between climate change and almost every other case.
Dahabo Abagaro Bagajo is a Kenyan registered nurse from a pastoralist nomadic community in Marsabit County, the second largest county in Kenya by size.
Human rights issue they are tackling.
Dahabo uses her professional skills in pre- and post-natal care to promote access to maternal healthcare for the mothers and children in her village, where the nearest health facility is 300 Kms away.
Level of innovation, Impact of their work and coverage (Scope)
Noting the lack of access to antenatal healthcare services to women and children, Dahabo started an initiative that she named Healthy Mother Healthy Baby through which she offers health education quality medical care. To reach many people in her community, Dahabo has trained 150 safe motherhood promoters who support her in operating a mobile clinic that accesses even the most remote parts of the county.
Additionally, Dahabo advocates against harmful cultural practices such as female genital mutilation (FGM) as well as early/forced marriages that are highly prevalent in the arid and semi-arid counties of Kenya.
Remarkably, until date, 800 women have directly benefited from her antenatal care work. Her community sensitization efforts have not been left behind either as she has cumulatively touched the lives of over 3000 girls.
Degree and level of difficulty in the nominee’s work
While Dahabo has achieved this level of impact in her community, the path has not been a bed of roses. Dahabo notes that she has struggled to promote certain rights as a result of the largely patriarchal society from where comes from.
“My culture has does not acknowledge harmful practices like FGM and early child marriages as a violation of human rights and denying girls opportunities to achieve full potential of their lives. These practices are seen as normal and anyone who dares speak against them is an enemy of the custodians of culture. Personally, I have been attacked, profiled, and stigmatized for publicly denouncing these practices.”
Sustainability of their work- Why the HRD stands out from other working on similar issues
Despite the many challenges she has faced, her remarkable work and innovative health care service through the safe motherhood promotors has customized a local solution to the hard-to-reach pastoralist realities.
She got an opportunity to undergo a civic leadership course at Wagner, New York which she attributes to sparking her community owned solutions to maternal health care within her community.
THE STAGE FOR CELEBRATING OUTSTANDING HUMAN RIGHTS ADVOCATES IN 2023 IS SET!
The Defenders Coalition and the Working Group on Human Rights Defenders in Kenya invites you to the awarding ceremony of the #HRDAwardKE 2023, where winners of the various Human Rights Defenders Award categories will be publicly recognized for their work of promoting and protecting their rights and those of others in Kenya.
Scheduled to unveil the winners of the prestigious human rights awards, the awarding ceremony will be held on 8 December 2023
The Royal Danish Embassy in Nairobi who are the 2023 – 2024 co-hosts of the Working Group on Human Rights Defenders will host the 2023 HRD Award ceremony.
Stay tuned to learn about the impactful work of the nominees through our website www.defenderscoalition.org as well as on all our social media platforms.
The HRD Awards 2023 nominees will be recognized in the following categories:
1. Munir Mazrui LifeTime Achievement Award
2. HRD of the Year Award
3. Upcoming HRD of the Year Award
4. Global Solidarity Award
Mashujaa Love Concert 2023: A Resounding Success Celebrating Kenya’s Sheroes
This year’s concert held on 20th October was a remarkable showcase of the creative brilliance from both local and regional talents who brought their art, music, and poetry to the stage. The concert transcended boundaries, uniting human rights defenders from social justice centres, seasoned, youthful individuals, creatives, artists, art enthusiasts, CSOs and change makers in the country.
The turnout was nothing short of impressive, with over 400 participants joining the event physically, filling the air with an electrifying atmosphere of unity.
From noon till sunset, the concert resonated with the sounds of music, the sights of art, and the power of poetry, driving home the importance of these creative mediums in conveying messages of human rights, democracy, and social justice.
Beyond the melodies, the colors, and the words, the Mashujaa Love Festival continued to fulfil its mission of creating linkages between the seasoned human rights defenders and the youthful human rights defenders (HRDs).
It was heart-warming to see Shujaa Ngungi Wa thiong’o who shared with us his message that emphasizes the significance of always honour our sheroes. He emphasized that we must not forget those who have come before us in the struggle. And that we must remember to celebrate ourselves as this rejuvenates our spirit to take the next step.
This year’s edition of the Mashujaa Love Concert served as a platform for dialogue and collaboration, facilitating the exchange of knowledge and experiences between those who have been in the movement for years and those who are increasingly getting concerned with at the forefront of promoting social accountability, social justice, and human rights.
The success of the Annual Mashujaa Love Festival not only pays tribute to the heroes who have paved the way for justice and democracy in the country but also inspires a new generation to carry the torch forward.
The 2023 Annual Mashujaa Love Concert Festival was jointly organized by Defenders Coalition, Coalition for Grassroot Human Rights Defenders and PAWA254 unfolded as a resounding success, leaving a mark that extends far beyond the event itself.
Acknowledgement
We extend our heartfelt gratitude to all the partners, dignitaries, human rights defenders, and artists who attended and supported the Annual Mashujaa Festival.
The proceeds from the concert will go to building of the Haki Village, a home for human rights defenders.
As we look forward to the future, the Mashujaa Love Festival will continue to be a platform for bring together the diverse struggles in pursuit of a society founded on justice and human rights.
Statement: Kenyan authorities must stop dangerous anti-LGBTQ protests
October 5, 2023, Nairobi—A dangerous protest will occur on Friday, October 6, in Nairobi, calling for the attack of LGBTQ persons, culminating in a hateful campaign that started in Mombasa in September.
On February 24, 2023, the apex court said LGBTQ persons have a right to association and reaffirmed this position on September 12.
However, this monumental decision was followed by a series of anti-LGBTQ protests in Mombasa and Lamu.
Blatant incitement to violence characterized the protests—Nyali MP Mohamed Ali rallied his supporters to kill people with different sexual orientations, audaciously invoking religious texts to justify this indefensible stance.
Now, this hate campaign is coming to the capital, and we know this will affect LGBTQ persons’ lives because previous street actions placed this group in harm’s way.
We take this opportunity to unequivocally condemn all the previous and ongoing nefarious activities that continue to expose this community’s rights to life, security, and dignity.
The Constitution and the court’s decision must be respected.
We call upon the Kenyan police to immediately disallow these groups’ illegal activities and initiate investigations concerning the culprits involved. We wish to remind them and the public that under Article 33(2) of the Constitution:
The right to freedom of expression does not extend to: (a)propaganda for war; (b)incitement to violence; (c)hate speech; or (d) advocacy for hatred that: (i)constitutes ethnic incitement, vilification of others or incitement to cause harm; or (ii)is based on any ground of discrimination specified or contemplated in Article 27(4)
We further demand that the National Cohesion and Integration Commission (NCIC) exercises its investigative mandate and collaborate with other actors in the criminal justice system to ensure effective prosecution for the acts of hate speech in this situation.
Unfortunately, this delicate matter was recently brought to the attention of the police and NCIC, who seem to have abdicated their constitutional and statutory duties of maintaining law and order and facilitating respect for diversity, respectively.
We also call upon the Ethics and Anti-Corruption Commission (EACC) to act against Mohamed Ali, whose conduct in this situation damages the leadership and integrity values and standards established for State Officers in Article 73 of the Constitution.
Finally, we wish to oblige Kenyans to exercise more tolerance and restraint—having diverse sexual orientations and gender identities is not a crime but a fundamental aspect of human diversity.
We must nurture a more inclusive and accommodating culture devoid of cruel and discriminatory motives and practices. No one should ever dare to impose their religious beliefs 2
and social values on others, for our Constitution guarantees all people’s freedom of religion and beliefs.
Let it be known that wewill not relent in ourunwavering pursuit of justice, equality, and the protection of the rights and dignity of all.
Signed:
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.