The Gambia, Banjul
Item 3- Human Rights Situation in Africa
25th April 2022
Statement by National Coalition of Human Rights Defenders- Kenya (Defenders Coalition)
Mr. Chair, distinguished Commissioners, State Delegates, and representatives of NHRIs and NGOs.
On behalf of the National Coalition of Human Rights Defenders -Kenya (Defenders Coalition), I would like to thank the Commission to raise some of our concerns about the state of human rights and the safety, security, and well-being of human rights defenders in Kenya.
General Overview
Kenya is set to hold the general elections in August 2022. The pre-election period has been characterized by grave violations, including extrajudicial killings, enforced disappearances, heightened gender-based violence primarily against women and girls, stifling of the right to peacefully assembly and picketing, and an increased intolerance towards the LGBTQI persons that is leading to violence and murder.
The election period provides a critical opportunity for citizens to advance democracy and encourage citizen participation in governance through the election of leaders who advance the citizenry’s aspirations. For elections to be meaningful, citizens must have the ability to enjoy their right to free speech, association, and right to privacy, peacefully assemble, as well as to live in safety anywhere in the country without discrimination irrespective of their ethnicity, religion, gender, or political opinion.
Kenyan political landscape has however been marred by violence targeting ethnic and political groups that are/or are perceived to have a different political opinion from the majority group during election periods. Violence that resulted in death, injuries, and destruction have been documented in various elections periods in Kenya ever since 1992. This is often instigated by the political class that through hate messaging and mobilization exploits social fissures within the Kenya society that are informed by our diversity in ethno-culture, religious, and resource capacities. The backdrop currently shows signs of bouts of violence and extremism that raise concern and call for action.
Mr. Chair we would like to bring the following issues to your attention,
Access to Information and freedom of Expression
Freedom of assembly and expression have been constantly violated by the state. There are documented cases that are ongoing in court and others that have been recently concluded where the Judicial officers have made harsh pronouncements on sentences against HRDs especially those charged under violations touching on the right to protest despite the constitution providing for and protecting the citizen’s right to freedom of expression and picketing .Four HRDs were arrested in Nairobi and charged with illegal assembly and assaulted during arrest yet the constitution provides for peaceful demonstration.
Freedom of Association & Article 11- Freedom of Assembly
In the reporting period, the Magistrate Court in Mombasa found six activists guilty of illegally gathering and failing to maintain physical distances in a public place contrary to the covid-19 measures. A land rights activist was also sentenced to six (6) months with other HRDs being arbitrarily arrested and trumped-up charges preferred against them even as they exercise their right. In some instances, police have been seen using force to violently disperse crowds and, in the process, continue to further violate human rights. Cases of HRDs arrested and exposed to physical violence by law enforcement while carrying out peaceful protests have been on the rise. Defenders Coalition also noted an increase in cases of femicide, digital and physical violence against women in Kenya
Right to Privacy
Kenya’s Data Protection Act 2019 sought to give effect to Article 31 of Constitution of Kenya which provides for the fundamental right to privacy. The introduction of compulsory sim card re-registration in April 2022 irked Kenyans with threats of de-registration of individuals’ sim cards as well as hefty punitive penalties for those who defy the registration. The Kenyan Government has continued to wield pervasive power to invasively collect citizens’ data whereas Kenyans have witnessed data breaches that have led to irregular sharing of their data with third parties as witnessed by the many private persons registered under political parties without their knowledge and consent. The government still lacks in safeguarding citizens’ data, which is a worrying trend in this digital era.
In light of these updates and observations, we urge the African Commission on Human and Peoples’ Rights to:
Introduction
The Defenders Coalition is a national membership organization established in 2007 and registered under Kenyan law as a trust. The Defenders Coalition works primarily to champion the safety, security and well-being of human rights defenders (HRDs). Among other pathways, the Defenders Coalition does this through strengthening the 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 envisions a just society founded on human rights by championing for the safety, security and well-being of Human Rights Defenders. The Defenders Coalition believes that every individual is entitled to the rights and personal liberties, security and social justice and that HRDs play a frontline role of advancing the realization of these rights and freedoms as guaranteed by the Constitution of Kenya 2010.
Critical to these rights is the right to a free, fair, credible and peaceful election and to strengthen democratic practices. Defenders Coalition has over the time deployed human rights defenders to monitor and document human rights violations by state and non-state actors during the election process – prior to, during and post-election and assess the protection and respect of civic actors in the electoral process.
The Kenyan political landscape has been marred by violence targeting ethnic and political groups that are or are perceived to have different political opinions. Vocal human rights defenders and journalists have also not been spared. Key perpetrators have consistently been the police keen to protect the government in power seeking in its bid for re-election or support its preferred candidates which unleash violence on the opposing groups, and at the community, criminal gangs attack individuals perceived to not support the preferred candidates. Since 1992, there have been regional, widespread ethnic and politically instigated violence that has resulted in death, injuries, and destruction of property.
These actions have affected the conduct of free, fair, peaceful and credible elections. Although they have been fouled by local and international laws and practices. Defenders Coalition plays the critical watchdog role against such malpractices, often demanding for the electoral body (IEBC) to implement its mandate independently, unhindered and calling for accountability for violations.
Conscious of the fact that there are targeted attacks against women and WHRDs during the election period, Defenders Coalition envisions enhancing the capacities of WHRDs to monitor, document and report human rights violations that happen to individual WHRDs and women-led human rights organizations.
It’s on this basis that Defenders Coalition will conducted a two-day training of Monitoring, Documentation and Reporting for HRDs who will monitor the electoral process and human rights situation in the country during the 2022 election period. The training will equip the HRDs with advanced skills on monitoring and documentation of electoral malpractices, legislative framework on elections as well as safety and security during the monitoring period.
17 May 2022
The Defenders Coalition joins individuals across the globe to commemorate the International Day Against Homophobia, Transphobia and Biphobia (IDAHOBIT) 2022. We join hands to call to action and emphasise our affirmation that all people have an equal right to live a life of dignity, free from violence, persecution, discrimination and stigma.
Today, Defenders Coalition celebrates the courageous advocacy efforts carried out by human rights defenders, activists, journalists, media workers and civil society organisations to raise awareness about the issues affecting SOGIE persons and human rights violations they may face.
While acknowleding increasing efforts in many countries to protect the rights of members of Sexual, Orientation, Gender, Identity and Expression (SOGIE), we remain seriously concerned with the widespread violation of the human rights of community members in Kenya in recent years, from elements including close family, community and members of the public.
Defenders Coalition is concerned that the limiting and discriminatory legal framework on the rights of sexual minorities in Kenya is acquiescely increasing the vulnerability of SOGIE persons to bias and social stigma, discrimination, economic impact, the risk of violence and domestic parental violence, and continues to contribute to the lack of access to gender-affirming health services. We are also concerned with the lack of a dedicated state agency to work on issues related to their safety and security.
We are concerned that within the past one year, Defenders Coalition has documented 23 cases of either/or violent murder, assault, forceful eviction of LGBTQ+ individuals across Kenya with little to no action by the relevant duty bearers in promoting the safety and security of sexual minority individuals as well as seeking justice for the victims. Among the documented cases, we noted that the victims of murder were brutally stabbed to death or sexually abused through corrective gang rape or strangled and/or violently assaulted before being killed.
In consideration of these grave concerns, pursuant to the rights and freedoms provided for in the Constitution of Kenya 2010, Defenders Coalition calls on all Kenyans to commit towards the promotion and protection of the rights of LGBTQ+ persons in Kenya. We call on Kenyans to strive to realise dignity, respect, and the rights of all citizens.
Article 27[2] of the Kenyan Constitution provides for protection from discrimination by the state through taking legislative and other measures, including affirmative action programmes and by designing policies to redress any disadvantages suffered by individuals or groups because of past discrimination. We call on duty bearers to commit towards achieving this by encouraging reviewing of legal frameworks including Section 162 (a) and 165 (b) of the Penal Code to realize enjoyment of inherent dignity.
We invite you to support our goals of realising safety, security and wellbeing of human rights defenders. We condemn these acts of violence and inaction by the state actors to hold perpetrators to account.
Annex: LGBTQ+ individuals killed in Kenya between January 2021 – May 2022
See details of the known victims and cases documented by various human rights institutions whose quest and wheels of justice have stalled or not commenced at all.
1. Sheila Lumumba was discovered dead on 22 April 2022 at their home in Karatina Town. Post-moterm reports indicated that they were hit by a blunt object on the head, raped and stabbed to death.
2. A 50 year old intersex was found murderd on 4 May 2022 by the roiadsie in Cherang’any constituency, Trans Nzoia County. Reports indicate that the victim was raped.
3. Joash Mosoti was found murdered by strangulation in his house in Bamburi, Mombasa County on 11 May 2021.
4. Erica Chandra was found dead in westlands Nairobi on 29 August 2021.
DEFENDERS COALITION
Download the Terms of Reference here
TERMS OF REFERENCE
DEVELOPMENT OF CASE MANAGEMENT SYSTEM FOR DEFENDERS COALITION
The Defenders Coalition (NCHRD-K) 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 organisation that works primarily for the protection of HRDs.
Defenders coalition is guided by the Strategic Plan 2020 – 2025, which outlines the vision, ambition and strategies of realizing the same. The Plan, which is also aligned to global human rights instruments seeks to effectively position the Defenders Coalition, as leader in the rapidly changing environment especially in technology. The 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. Addressing concerns of HRDs is the core business of the 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 in the work of HRDs as well as at the secretariat.
Defenders Coalition currently has a manual case management system which is used to record incidents of violation against HRDs.
The overall objective of this is to create and develop a web-based system which captures the processes of intake, processing, support and exit of the client support as well as a platform for archiving the Defenders Coalition membership database.
The design and development of the case management system will be conducted by an external consultant who will lead the project 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 for framework design of the case management system, taking into consideration the local context. The consultant will develop, build and design and maintain case management and handle all the source code and data used. The sample design and proposed development tools will be discussed and approved by the Defenders Coalition team before the commencement of the development of the system.
This assignment will be completed within two months and it’s expected to start in June 10th, 2022. A breakdown of how these days shall be utilised shall be reflected in the schedule of work to be presented to the Defenders Coalition by the consultant.
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 cost.
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 info@defenderscoalition.org copied ict@defenderscoalition.org, by Thursday, May 12th 2022. Quote “DC Case Management System” in the subject line of your email.
Successful applicants will be notified by Friday, May 27th, 2022 and given further guidelines on the assignment.
Defenders Coalition recently held two convenings towards the strengthening of #DigitaSecurityTrainers and #HRDs on how to offer digital; security support to #HRD Networks and human rights organizations during the elections period and beyond.
The meetings also contributed towards creating a network of security practitioners to fill the ever-expanding gap of digital safety capacity. The digital security trainers also shared amongst themselves, and for use,new tools, tactics, and knowledge.
Here is the position of the digital security trainers in the form of a communique find it here
Elsewhere Mombasa, our team of digital security management supported our partners @muslims for human rights to conduct security management training for grassroot #HRDs from the region.
Defenders Coalition continues to offer the above services so as to strengthen the capacities of #HRDs and #HumanRights organizations to conduct their work of promoting human rights safely by developing tailored elaborate security management plans for individuals and organizations.
STATEMENT OVER THE VIOLENT UNLAWFUL ARRESTS OF JULIUS KAMAU, MINOO KYA, CLINTON OJIAMBO NAHASHON MACHARIA AND ANTHONY KANYIRI: FREEDOM TO DEMONSTRATE, PICKET, AND PRESENT PETITIONS.
#FREETOPROTEST
11 Apri 2022
We, the undersigned organizations, are concerned that State Organs continue criminalizing Kenyans who exercise their right to protest (peacefully and unarmed), subjecting them to harassment, use of force, intimidation, and preferring unlawful charges against them. We are deeply concerned over the circumstances and manner of the arrest of Julius Kamau, Minoo Kya, Clinton Ojiambo, Nahashon Macharia, and Anthony Kanyiri, which only confirms the continued trend of suppression of the right to protest by the State, mainly where the protestors criticize the government and/or public officials. We also note the increase in threats to these fundamental rights and freedoms in the run-up to elections and the continued propagation of such repression through the National Police Service.
On 7th April 2022, Julius Kamau, a Kenyan activist, was violently manhandled by three plain-clothes police officers, thrown into a police lorry before being transferred into a police van, and subsequently held at the Central Police Station in Nairobi for allegedly creating a disturbance. Julius was protesting over the continued increase in the cost of living and calling for the lowering of food prices in the country ahead of the budget reading by the Treasury Cabinet Secretary on 7th April 2022.
The protest had begun online under the #NjaaRevolution, where rights holders were protesting against the increased cost of living and calling for lowering of food prices, among other issues. Two days after Julius was arrested, on 9th April 2022, four other protestors, Minoo Kya, Clinton Ojiambo, Nahashon Macharia, and Anthony Kanyiri, were arrested and detained at Mwiki police station in Nairobi County while participating in further protests under the #NjaaRevolution.
The right to protest is guaranteed under Article 37 of the Kenyan Constitution. 12 years after the promulgation of a very progressive Bill of Rights within the Kenyan Constitution, it is disappointing that rights are still treated as privileges. The right is also guaranteed under regional and international human rights instruments ratified by Kenya, including, Article 11 of the African Charter on Human and Peoples Rights (Banjul Charter) and Article 21 of the International Covenant on Civil and Political Rights. Further, spontaneous protests are not illegal, as stipulated by the African Commission Guidelines on the Freedom of Association and Assembly in Africa. The Guidelines operationalize the implementation of Articles 11 of the Banjul Charter by State parties and all relevant stakeholders.
For the avoidance of doubt, one does not require the permission of the police to protest. Under the Public Order Act and other International Human Rights instruments, the rationale for notification is for the police to provide security for the protestors and must not be misconstrued as an obligation on those who wish to protest to seek ‘permission’ from the police. In itself, a lack of notification is not sufficient reason to characterize a protest as unlawful. We strongly condemn the inhuman actions of the police officers, whose conduct not only contravenes numerous constitutional and legal provisions but is a clear demonstration of the repressive nature of Kenya’s National Police Service.
We, therefore, call on the National Police Service and the concerned State Organs:
Signed by:
Article 19, Eastern Africa
Civic Freedoms Forum (CFF)
Crime Si Poa
Defenders Coalition
Kenya Human Rights Commission (KHRC)
Muslims for Human Rights (MUHURI)
Red Vests Movement
Tribeless Youth
Defenders Coalition convened SOGIE HRDs in Uasin Gishu and Transzoia Counties between 22- 23rd February 2022, where we created a platform for the HRDs and partners to exchange ideas and forge alliances for the advancement of their working environment. The meeting also saw Defenders Coalition conduct security sensitization as well as scenario mapping for the safety of SOGIE HRDs during the elections period. We are happy that the members present developed an election preparedness response and mitigation plan as well as identified other joint actions for collaboration.
In Kisumu, Defenders Coalition convened Lesbians, Bisexuals and Queer (LBQ) HRDs under the Western Kenya LBQ Collective to map out strategic partners for engagement for the safety and protection of the HRDs as well as identify intersectional collaborations. We also sensitized the HRDs on their safety both Digital and Physical. The outcome of the activity was an election preparedness, response and mitigation plan.
Defenders Coalition is happy that the work with SOGIE activists has been crucial in ensuring that they are well prepared in the election period and that strategic interventions, collaborations and plans are laid down in the event of the occurrence and/or upsurge in violations against SOGIE persons and HRDs. Furthermore, the support continues to enhance the security and protection of SOGIE HRDs.
Defenders Coalition hosted the annual HRD Academy, a week-long assembly of young and upcoming HRDs from across the 47 counties in Kenya to hone their skills on security management, monitoring documentation and reporting as well as debriefing. Moreover., the HRDs are exposed to networking and exchange on their working environments as HRDs.
The academy took place between 22 – 26 November 2022 where 111 Human Rights Defenders underwent a comprehensive learning and exchange experience.
Defenders Coalition was able to realize the following through annual assembly of HRDs:
During the same period, the Defenders Coalition hosted the Annual Women’s Forum through the Ni Mama Project. After successful implementation of two years (Dec 2019 – Dec 2021), the Project has realized the following:
The Ni Mama Project, in partnership with the Embassy of Norway in Kenya, has commenced the second phase of its implementation and will focus on strengthening the existing networks further, strengthening and networking WHRDs from Mandera, Busia, Turkana, Migori, Kwale and Kajiado Counties for the years January 2022 – December 2023.
WHRD campaign opening message from Executive Director #NimamaVijijini #WHRDStories
Defenders Coalition, which is the National Coalition of Human Rights Defenders in Kenya is proud to announce the launch of its campaign #NiMamaVijijini #WHRDStories
The campaign will be deliberate in recognizing the contribution of Women Human Rights Defenders (WHRDs) in the promotion and protection of human rights in Kenya as well in various communities across the globe.
Defenders Coalition is happy that increasingly, the role of WHRDs in challenging violence against women and girls, advancing sexual and reporoductive health rights, environmental and climate justice and seeking economic justice for themselves and their communities is gaining momentum. It is a true testimony that their sacrifices have been self-telling but their stories of triumph and heroic acts remain untold.
Through this campaign in the months of March and April, we shall publicly acknowledge the fact that the term “woman human rights defender’ cannot be limited to just women but also those human rights defenders who engage in promotion and protection of women’s rights and gender equality as well as all women working on any issue related to human rights and fundamental freedoms, individually and in association with others in any region of the world.
While on this subject matter, our focus will be on the unique roles, risks, and vulnerabilities of WHRDs, including gender non-conforming individuals, active in the defence of human rights and who may become a target for attack or violation because of who they are—because they are women as well as for what they do—their work of defending human rights.
Throughout the campaign period, Defenders Coalition shall bring to light that in addition to gender, there are many economic, social, cultural and geographical factors that affect how WHRDs experience a violation and how best we can respond to their needs for safety, wellbeing and protection. We shall be creating a platform for bold conversations on how class, religion, age, language, sexual orientation, geographical location and ethnicity influence the nature of violations towards WHRDs because they are exposed to different forms of attacks including physical and online violence because of who they are and what they do.
We shall take the opportunity to underscore the convergence of the different types of violence that affect women and the difficulties in distinguishing between these different types of violence. We shall be sharing information on the lived experiences of the risks, threats and challenges that WHRDs have faced. We shall not stop there. We shall share stories of true power that lies within their grassroot organizing to overcome the risks, threats and challenges and for better communities.
We call on you to join us to positively influence the perceptions of WHRDs by members of the public by publicly recognizing their substantive contribution to human rights movements. More importantly, we urge you to support us in creating awareness on how best WHRDs can become self aware of their work and their identity as human rights defenders. This will build confidence among them so that they can take advantage of the existing capacity building, networking and protection mechanisms at their disposal.
We are honored by your continued support, partnership and the will to share your positive messages of Power.
Continue following us on your communication platforms including social media and our website to continue sharing the power stories as will be released during the period.
In Solidarity,
Kamau Ngugi
Executive Director – Defenders Coalition
On 3rd February 2022, a concerned parent called a teacher at St. Aquinas High School to ask about the well-being of her son and send pocket money through the teacher’s phone. The parent was informed that her son had been sent away from school due to school fees balance. This baffled the parent as she had fully paid school fees for her son. She wondered why the school did not communicate to inform her that her son had been released from school and the reason for doing so. When her son arrived at home, he was pale, sickly, and weak and looked extremely stressed. On enquiring whether he was okay, the son became teary and begged the parent that he be transferred to another school. He refused to eat stating that he did not have an appetite. On further inquiry, the son amidst tears wrote on a foolscap how he was defiled at the school. On calling the principal St Aquinas High School, the principal denied the happening of such acts in the school but would not explain why he had sent the son home.
Shortly after, the principal sent messages to parents indicating that this information was untrue and a rumour. No investigation or action has since been taken within the school to investigate the issue and take action against the culprit who defiled another student. More students from St. Aquinas have confided in their parents that defilement has occurred more than once within the school premises. We are concerned that minors are being subjected to such kind of humiliation, shame and pain that may affect them for the rest of their lives. It is utterly inconceivable that such a culture of tolerance of sexual abuse has been perpetuated by the principal of the school, a person who stands in a position of loca parentis with the children
Further, on 8th February 2022 the country witnessed in shock and disbelief as the police arrested parents demonstrating against the grave happenings at St. Aquinas High School. This is after the parents had followed all due processes under the law pertaining to holding demonstrations and served a notice on the OCS, Central Police Station.
Under Article 37 of the Constitution of Kenya, 2010, every person has the right to peaceful assembly, demonstration, and picketing. In the words of the late Justice Onguto, ‘Demonstrations and picketing…provide an avenue for those who have strong feelings about particular issues to express those feelings.’ The exercise of this right should therefore not be unjustifiably limited or treated as a criminal act. In Kenyan law and international standards, the role of the police is to in fact protect protestors in the exercise of this fundamental right.
The parents and other protestors were peaceful and unarmed. They had duly notified the police in accordance with the applicable law, the Public Order Act. We therefore reiterate that the arrest was unwarranted, unlawful and a gross violation of fundamental human rights and freedom.
We hereby demand the following:
Signed by the following Civil Society Organisations:
