TERMS OF REFERENCE

CONSULTANCY FOR THE DEVELOPMENT OF INFORMATION, COMMUNICATION TECHNOLOGY POLICY

1. Background

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.

1. Objective of the Development of the ICT Policy for Defenders Coalition.

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.

2. Methodology

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.

3. Duties and Responsibilities

• Review Defenders Coalition programs/departmental objectives with reference to their ICT requirements
• Review the existing ICT Infrastructure and communications systems

4. Deliverables

• Comprehensive ICT Policy document for Defender Coalition
• Action plan with timeframe for the implementation of the ICT Policy
• Indicative costing of the various elements of the ICT Policy that will allow for budgeting and financial planning.

5. Duration and Reporting

• This assignment will be completed within three months, and it’s expected to start on 21^st September 2023. The Consultant shall be expected to breakdown how these days shall be utilized in the work schedule to be presented to the Defenders Coalition.

6. Profile of Consultant

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

• Master’s degree in computer science, Cyber security, BA in Information Systems or equivalent qualification.
• Five (5) years’ experience in ICT consulting, with Policy development
• Working experience within multicultural teams and human rights organization or communities and human rights issues.
• Demonstrated ability to develop comprehensive and practical policy documents.
• Excellent communication skills, oral, written and presentation.
• Experience in advising on data governance, data protection policies and compliance with relevant regulations.
• Knowledge of ICT Infrastructure requirements and strategies for expanding digital access.
• Proven experience in developing ICT Policies and strategies. Experience in conducting policy research and analysis in the field of ICT and human rights.
• Demonstrated strong ICT background, experience and capacity in the implementation of tested technology.

7. Modalities of remuneration

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.

8. 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
3. A brief description of the resource person outlining recent experience in similar assignments (three assignments over past four years)
4. At least three references of similar assignment
5. Sample work that is similar to this assignment

All applications should be sent to Defenders Coalition procurement@defenderscoalition.org copied ict@defenderscoalition.org by 25^th August  2023. Quote “ICT POLICY CONSULTANCY” in the subject line of your email.

Successful applicants will be notified by 1^st 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:

1. Actively participating in the implementation of the Defenders Coalition activities under the direction and supervision of the Programme Officers.
2. Conducting monitoring, documentation and research in the various Defenders Coalition’s programme areas.
3. Assisting in logistical planning for meetings and trainings
4. Assisting in communication of the Defenders Coalition to partners via various platforms.
5. Representing Defenders Coalition in meetings and partner activities
6. Preparing timely reports as per stated guideline.
7. Monitoring and documenting cases or incidences of violations of human rights defenders‘ rights.
8. Assisting in administrative functions as will be assigned
9. Participating in fundraising efforts together with programme staff.
10. Any other relevant duty as may be assigned by the supervisor

Qualifications

• Hold a Bachelor’s degree in relevant Social Sciences from a recognized University
• Demonstrate commitment to and interest in human rights and human rights defenders issues/work.
• High analytical skills and ability to conduct documentation and research.
• Demonstrate understanding of national, regional and international framework for the protection of HRDs.
• Demonstrated knowledge in designing and executing communication interventions on governance and human rights issues.
• Hands on experience in IT skills including working with website updates and social media.
• Ability to draft documents including reports, policy briefs, concept notes.
• Excellent communication and organizational skills: verbal, writing and presentation skills;

The Applicant should possess the following attributes:

• Strong attention to detail
• Proactive problem-solving skills
• Self-motivation and ability to work independently, in a team and under pressure
• Commitment to diversity and inclusion
• Ability to be a team player and perform exemplary well with minimal supervision.

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 20^th 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

1. Background and context

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

• Overall Objective

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.

• Specific Objective and Result

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:

1. Conduct a thorough desk review of all information on HRDs protection, as well as relevant policy frameworks in the country, region and beyond that should be considered in the development of the protection policy for Defenders Coalition.
2. Develop a framework/mechanism for the protection, and support of HRDs in the context of their work.
3. Evaluate the legal frameworks that supports and defend the work of HRDs and institutions.

• Expected deliverables.

1. The consultant shall be expected to produce a draft protection policy document for feedback incorporation by stakeholders.
2. A final draft protection policy for adoption.

•      Time frame: 30 working days

3. Required qualifications and expertise of the consultancy firm/individual.

Skills and Experience required

• Master’s degree in political science, international affairs, humanitarian affairs, or related subject
• Significant relevant human rights work experience in emergency settings required.
• Experience in incorporating into policies and training on gender and protection mainstreaming, beneficiary feedback models, emergency services/first responders, and humanitarian principles strongly preferred.
• Experience working with international donors required.
• Demonstrated competencies in teamwork, motivation, and commitment.
• Good attention to details.
• Ability to work with tight deadlines.

1. How to apply

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 18^th August 2023.

The following documents are to be submitted.

1. Detailed copy of resume highlighting experience in successful policy writing.
2. Expression of interest letter indicating their interest and how they fit the role, the letter should include a list of policies previously prepared.
3. The letter should also include name(s) and contact address of professional referee(s) that can verify the information submitted.
4. Any other documents to strengthen your application.

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