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JOINT SUBMISSION TO THE HUMAN RIGHTS COUNCIL AT THE UNIVERSAL PERIODIC REVIEW (UPR) OF KENYA FOURTH CYCLE OF THE UPR WORKING GROUP


This joint submission was presented to the Human Rights Council at the Universal Periodic Review (UPR) of Kenya, focusing on the state of civil and political rights, particularly the freedom of assembly, association, and the protection of human rights defenders (HRDs). Submitted by the National Coalition of Human Rights Defenders (Defenders Coalition) in collaboration with key organizations including the Social Justice Centres Working Group, Coalition for Grassroot Human Rights Defenders, Protection International – Africa, Kenya Human Rights Commission, Pema Kenya, The Gay and Lesbian Coalition of Kenya (GALCK+), Universal Rights Group, Ogiek People’s Development Programme, and 0 this report sheds light on the growing challenges facing civic space in Kenya.

The submission outlines the systemic obstacles to the enjoyment of fundamental rights in Kenya, documenting instances of police brutality, repression of peaceful protests, and attacks on HRDs. It calls for urgent reforms to uphold Kenya’s obligations under international human rights standards and protect those working to safeguard the rights of all citizens.

Defenders Coalition – UPR Kenya Joint Submissions (2024) .docx



Submission to the UN Universal Periodic Review (UPR): 49th Session of the UPR Working Group


This submission is presented by DefendDefenders (East and Horn of Africa Human Rights Defenders Project), an NGO with Special Consultative Status with ECOSOC, in collaboration with the National Coalition of Human Rights Defenders-Kenya (Defenders Coalition). Submitted on 11 October 2024, this report aims to provide an overview of the state of human rights in Kenya, with a particular focus on the challenges faced by human rights defenders (HRDs) and key areas requiring reform and government action.

Our submission draws attention to the shrinking civic space, violations of fundamental freedoms, and the need for enhanced protection mechanisms for HRDs in Kenya. The review is a critical opportunity to hold Kenya accountable to its international human rights obligations and to strengthen the frameworks that ensure the safety, dignity, and rights of all its citizens.

KENYA UPR 2024



STATEMENT ON THE REFOULEMENT OF FOUR TURKISH ASYLUM SEEKERS FOR IMMEDIATE RELEASE


Nairobi, 21 October 2024:  The Police Reforms Working Group is shocked by the Government of Kenya’s admission that Kenyan law enforcement and foreign affairs agencies played a role in the refoulement and forced return of Mustafa Genç, Öztürk Uzun, Alparslan Taşçı, and Hüseyin Yeşilsu, four Turkish nationals from Kenya to Turkey.

The principle of non-refoulement is a cornerstone of refugee protection. It has been recognised in international humanitarian law for more than seventy years. The 1951 United Nations Refugee Convention and its 1967 Protocol, 1969 OAU Convention on refugees and 2021 Refugee Law of Kenya explicitly prohibits the return of refugees to a place where they are likely to face the very danger from which they fled. These obligations cannot be traded for commercial, diplomatic or trade interests without violating both national and international law.

International refugee law recognizes that refugees may only be returned if they pose a danger to national security or, after due process, are found guilty of a crime that threatens the safety of others. No evidence that the four individuals posed any such threat has been provided by the Government of Kenya.

While the law recognizes there are exceptions to the principle of non-refoulment, the law also provides procedural safeguards. Rather than returning asylum seekers to governments that had fled from, a third country for safe resettlement could have been found. 

Tragically, the Government has placed four human beings at grave risk as well as Kenya’s standing as a sanctuary nation for those fleeing persecution and war. It undermines Kenya’s credibility as the newest member of the United Nations Human Rights Council and torpedoes the United Nations Universal Periodic Review process planned for next year.

This weekend’s breach punctures Kenya’s legal commitments, its international moral standing and threatens three decades of confidence in Kenya’s humanitarian protection for the 780,000 refugees on Kenyan soil who need it today.

This statement is signed by the Police Reforms Working Group-Kenya, an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. They include:  Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ) and Peace Brigades International Kenya (PBI Kenya) 



Betty Luke: A Voice for the Marginalized in Isiolo County


In the heart of Isiolo County, Betty Luke stands as a beacon of hope for marginalized groups, using her voice as a passionate human rights journalist to shine a light on the issues that often go unnoticed. With every article she writes, Betty seeks to raise awareness of the injustices faced by the vulnerable, turning their struggles into compelling stories that demand attention. “I believe that everyone deserves to have their story told,” she says, underscoring her commitment to advocacy.

 

In 2023, Betty took a significant step in her journey by attending the Human Rights Defenders Academy. The experience was transformative, equipping her with the tools to enhance her advocacy work. One of the most impactful aspects of the academy was the wellness clinic. “The clinic taught me to always pause and appreciate myself, then re-strategize,” she reflects. This lesson was a revelation for Betty, who often found herself overwhelmed by the heartbreaking stories she encountered—especially when the pursuit of justice for victims felt painfully out of reach.

In the past, Betty’s drive for success had sometimes led to feelings of inadequacy. “I always wanted success, and whenever it didn’t happen, I imagined I had done something wrong,” she admits. However, the academy helped her recognize that every effort counts, and it’s essential to celebrate progress, no matter how small. This newfound perspective has allowed her to cultivate resilience in her work, ensuring that her passion for human rights journalism continues to thrive, even amidst challenges.

The skills Betty gained at the HRD Academy have had a profound impact on her work. Armed with digital safety techniques, she successfully fortified her news website against URL redirection attacks that had plagued her previously. This newfound digital security means she can continue to publish critical stories without interruption, providing a vital platform for marginalized voices in Isiolo.

One of the most memorable moments from her time at the academy was hearing the inspiring story of Kamau Ngugi, whose activism led him into exile. “His journey inspired me so much,” she shares, drawing strength from the courage and resilience displayed by other human rights defenders. “It reminded me that our work is vital, no matter the challenges we face.”

Today, Betty Luke continues her vital mission with renewed vigor and purpose. She is not only better equipped to protect her platform and her mental well-being, but she is also more inspired than ever in her pursuit of justice for marginalized communities in Isiolo. “Every story matters,” Betty emphasizes, “and I will keep telling them until justice is served.” Through her unwavering dedication, Betty is helping to build a world where every voice is heard, every story is told, and every individual is treated with dignity and respect.



Communication from the Pan African Lawyers Union Regarding the Ongoing Threats to the Independence of the Legal Profession in the United Republic of Tanzania.


Hon. Prof. Rémy Ngoy Lumbu

Chairperson, African Commission on Human and Peoples’ Rights

Special Rapporteur on Human Rights Defenders,

Focal Point on Reprisals in Africa,

Focal Point on Judicial Independence in Africa,

 

Dear Hon. Chairperson,

Re: Communication from the Pan African Lawyers Union regarding the ongoing threats to the independence of the legal profession in the United Republic of Tanzania

The Pan African Lawyers Union (hereinafter PALU) submits that the independence of the legal profession in the United Republic of Tanzania (hereinafter Tanzania) is under a systemic threat. PALU has been monitoring the events in Tanzania since 2019 and is deeply concerned considering the most recent developments.

Background

Since 2015 lawyers in Tanzania have faced numerous challenges from various branches of government including executive, legislative, and judicial institutions. The systemic suppression and subsequent weakening of the legal profession began with the enactment of the Advocates Act of 2015 by parliament. This Act threatened the independence of the legal practitioners in the country by granting discretion and access to Advocates’ conduct management to key members of the Executive.

Provisions of this Act, including Section 4, grants powers to the Attorney General (AG) or Deputy Attorney General (DAG) and the Director of Public Prosecution (DPP) over disciplinary measures of legal practitioners by making part of the composition of the Advocates Committee whose mandate is to take disciplinary proceedings against lawyers in the country. Other notable provisions of this Act include the structure of the Committee, decision-making by a simple majority, the quorum requirements, and the broad discretion granted to the AG in scheduling meetings and initiating misconduct proceedings against advocates.

Whereas the Advocates’ Act was amended in 2019, provisions pertaining to the discipline and conduct control of the profession remained. The current Advocates Act of 2019, significantly alters the governance and subsequently the independence of lawyers in the country, as it has granted officers of the executive, excessive involvement in the management of the  legal profession In the country.

Findings

Since 2019, we have documented numerous instances of retaliatory administrative actions against lawyers, particularly by the Advocates’ Committee. These include the retaliatory institution of proceedings for disbarment, suspension of licenses and other forms of professional reprisals. We have also noted several instances of intimidation tactics such as arbitrary arrests, detention and threats employed against lawyers in the country.

So far, we have recorded thirteen cases of reprisals against lawyers in Tanzania. These include six proceedings initiated by the AG at the Advocates Committee, resulting in four suspensions between 2020 and now. Additionally, there have been several cases involving threats to life—one of which forced a lawyer to temporarily seek exile—and instances of arbitrary arrests and detention. These situations sorted by year, include:

  1. 2019 – Permanent Disbarment of one lawyer by the Advocates Committee, for making alleged disparaging comments against the Executive, in her written submissions. While this disbarment was set aside by the High Court, this lawyer remains indefinitely suspended.
  2. 2020 – One lawyer was arbitrarily handed a two-year suspension from practice, while two other proceedings for disbarment were initiated by the AG at the Advocates Committee against two other lawyers, for commenting on court cases.
  3. 2023- One lawyer received a six-month suspension by the Advocates Committee for filing a case against the Government of Tanzania in relation to a deal between the government and a private company. Another lawyer acting as Counsel for the suspended lawyer in the disciplinary case was also suspended summarily by the Advocates Committee for six months. A third lawyer recorded to have spoken against the government’s deal was arbitrarily arrested, detained, and subsequently had proceedings instituted against him by the AG at the Advocates Committee
  4. 2024- One lawyer has been banned from practice for five years, with the possibility of extending the ban to 10 years, if they do not pay compensation to the government worth ten million Tanzanian Shillings
  5. Further, when the Tanganyika Law Society (TLS) decided to hold an Extra-ordinary General Meeting (EGM) on the 16th of December 2023, to discuss these concerning events, including the powers of the Advocates’ Committee, this meeting could not go onafter the High Court granted temporary orders stopping it, in a most irregular manner,  on the eve, i.e. 15th of December 2023. Many legal professionals have criticised this application and the decision to temporarily suspend the meeting as being a deliberate attempt at preventing discussions on the fairness of the Advocates Committee.

 

In Kenya: in 2024, following June – August Genz Protests following controvercial punitive tax laws more that 1600 individuals were arrested and charged under various laws. It took the leadership of the Law Society of Kenya to partner with CSOs including Defenders Coalition to ensure all protesters were freed and bail paid. Lawyers including the president of LSK were threatened with abductions. When the LSK filed a Harbeas Corpus against abduction of 3 HRDs and the police failed to act resulting to a contempt of court against the Acting Inspector General of Police, the Judging presiding the matter had his security withdrawn. In another incident a magistrate was short dead when she read an unfavourable judgement against a police officer.

 

Recommendations

The above accounts demonstrate a series of unfortunate outcomes that seriously undermine the capacity of the Judiciary and legal profession to effectively play their role in defense of their Constitution and laws of Tanzania, African Human and Peoples’ Rights standards, as well as ensuring the existence of an independent and impartial judiciary.

PALU would like to reiterate the goals envisioned in Agenda 2063 which includes an Africa with a universal culture of good governance, democratic values, respect for human rights, justice and rule of law. This goal cannot be attained in the absence of an independent, and impartial judiciary supported by an independent legal profession and strong bar associations working together within the confines of the law to ensure and promote equal access to justice for all.

Moreover, ASCHPR/Res. 570(LXXVII) 2023 comprehensively outlines the relevant standards for Judicial Independence in Africa. These standards specifically provide for the role of a strong and independent legal profession and stipulate the need for judicial independence and impartiality.[1] Furthermore, a legitimate democracy, underpinned by the rule of law, requires an active and vibrant civil society, independent oversight mechanisms and human rights defenders.

With appreciation for the activities of the Honorable Commissioner’s office and recognition of your mandate as the Focal Point for judicial independence in Africa, we request engagement with the situation in Tanzania. We make the following recommendations: –

  1. Investigate and document instances of interference with the judiciary and legal professionals, including issuing a call for submissions on incidents of reprisals that have occured in the last five years to date.
  2. Prioritize the holistic development of sustainable solutions. This includes engagement to facilitate the examination of perceived challenges interfering with the independence of the legal profession in Tanzania and, to facilitate dialogue between the relevant national authorities and other stakeholders.

We highly value our longstanding partnership with the African Commission and remain available to support and facilitate the office of the Focal Point in this and other matters.

Please receive the assurances of our highest considerations.

Yours Faithfully,

 

Donald Deya,

Chief Executive Officer, Pan African Lawyers Union (PALU)

 

 

[1] The UN Basic Principles on the Role of Lawyers (paragraph 23) and IBA Standards for Independence of the Legal Profession guarantee the right of Members of Bar Associations, collectively or individually, to take part in public discussion of matters concerning the law and the administration of justice.



Sankara Nyagaya – Championing Environmental Rights and Climate Justice in Kajiado County


In the heart of Kajiado County, where the vast landscapes and forests have been a source of life for generations, one man has taken on the role of protector—Sankara Nyagaya. As an environmental rights defender, Sankara’s passion for preserving the land and fighting for climate justice comes from a deep-rooted connection to his community and the natural world around him. For years, he’s been advocating for the protection of these spaces, ensuring that future generations will have a place to call home.

In December 2023, Sankara attended the Human Rights Defenders Academy, an experience that would transform his approach to advocacy. “I went in thinking I was just going to learn about environmental rights,” Sankara recalls, “but what I left with was so much more. The focus on mental health and well-being for human rights defenders, along with the training on cybersecurity, made me realize how important it is to protect not just the land, but myself and my work.”

Sankara had always been passionate about the environment, but after the Academy, he became even more determined to lead. With his newfound skills, he spearheaded a protest against the illegal encroachment of a gazetted forest block in Kajiado. “It wasn’t easy,” he admits. “But the training I received on environmental rights and the support from my community gave me the strength to stand up, speak out, and organize.”

The Academy didn’t just provide skills—it created a network of allies that Sankara continues to lean on. Shortly after the training, he partnered with Sophie Adhiambo from Natural Justice, whom he had met during the Climate Justice sessions at the Academy. Together, they started community dialogues on a critical issue facing Kajiado: the construction of a nuclear waste facility. “People were scared and confused about what was happening, but through the Academy’s network, we were able to organize, educate the community, and present a petition against the project,” Sankara shares.

For Sankara, the Academy’s impact wasn’t only in the skills or connections he gained but also in the moments of solidarity. “I remember the opening session clearly,” he reflects, “we all came together, people from all over Kenya, sharing our struggles and dreams. There was this collective energy, a feeling that we were all in this fight together. That sense of unity has stayed with me, and it keeps me going when the work gets hard.”

Sankara’s journey as a human rights defender is far from over. He continues to organize, to fight for the land that sustains his community, and to push back against powerful interests that threaten the environment. His leadership, inspired by the lessons and relationships formed at the HRD Academy, shows that one person, standing with their community, can make a difference. As he looks to the future, Sankara remains hopeful, knowing that the fight for climate justice is not just about protecting the land, but about ensuring that his community’s voice is heard, loud and clear.



Newsletter – July, August and September Newsletter is Out!


Dear Partner, Colleague and Comrade,

The Defenders Coalition is thrilled to share our latest newsletter, featuring crucial updates on our work with Human Rights Defenders (HRDs).

In this newsletter, you will find updates on our ongoing projects, successful campaigns, and impactful initiatives to enhance the safety and security of human rights defenders in Kenya.

We’d like to encourage you to take a moment to read through the newsletter and familiarize yourself with the important work we are doing. We also invite you to share the newsletter within your networks to help raise awareness and amplify our collective efforts.

Read Here



Dennis Orengo Juma: A Defender of the Voiceless, Driven by Compassion and Justice


Dennis Orengo Juma, a passionate human rights defender from Nairobi County, has always been deeply committed to standing up for those who are often silenced or forgotten. His work focuses on advocating against police abuse of power and promoting the rights of children, widows, persons with disabilities, and refugees. In 2023, Dennis attended the Human Rights Defenders (HRD) Academy, an experience that not only sharpened his skills but transformed how he approaches his mission of justice.

When Dennis reflects on his time at the HRD Academy, he doesn’t just recall the knowledge gained but the personal growth he experienced. “The training on proper advocacy was life-changing,” Dennis says. “I learned how to craft more effective messages, how to target the right stakeholders, and, importantly, how to measure the impact of my work.” Armed with this new understanding, Dennis began applying these strategies on the ground. His advocacy for children’s rights in Kericho led to crucial conversations about education and protection, while his legal aid efforts for widows in Kajiado provided a lifeline for women often left without support. In Kakuma, he became a voice for refugees navigating the complexities of displacement and marginalization.

 

One of the most impactful projects Dennis took on after the academy was the development of a Social Justice Mobile App. The app is designed to help vulnerable communities—those at the margins of society—access information and resources related to justice. However, Dennis knew that building the app wasn’t something he could do alone. He reached out to the networks he had built during the HRD Academy, and 23 graduates came forward to help test the app. For three months, they provided feedback, helping Dennis refine and improve the app until it became a reliable tool for the people it was meant to serve. “That collaboration was powerful,” Dennis reflects. “It showed me that we can achieve so much more when we work together. The app wouldn’t be what it is today without their support.”

 

While the technical skills and advocacy tools he gained at the HRD Academy were invaluable, it was the human connections and sense of community that left the deepest mark on Dennis. He recalls the academy’s opening and closing ceremonies as moments of profound inspiration. Participants from all over Kenya, each with their own unique culture, came together to celebrate through dance, music, and the use of local dialects. “That experience moved me,” Dennis says. “It was a reminder of how diverse and rich our country is. It made me realize I want to connect with as many communities as possible because we have so much to learn from each other. Our differences are our strength.”

 

For Dennis, the HRD Academy wasn’t just about enhancing his professional capacity; it was about deepening his connection to the people and cultures he serves. He recognizes the challenges human rights defenders face, particularly when it comes to securing resources, but he is hopeful. “Funding is a challenge for many of us,” he admits. “But with the right support, we can scale up our efforts and reach even more people who need help.”

 

As he continues his journey, Dennis remains dedicated to amplifying the voices of the vulnerable and pushing for systemic change. Whether through his advocacy for children’s rights, his legal aid work, or the mobile app that now connects marginalized communities to justice resources, Dennis Orengo Juma’s mission is clear: to empower the voiceless and ensure that justice is within reach for all. His story is one of resilience, collaboration, and an unwavering belief in the power of community, and he continues to inspire others through his tireless efforts to make the world a more just and equitable place.

 



Sweden




Kenya: 25 June 2024: End Police Use of Unlawful Force, Time for Accountability and Justice


Today, marks three months since the June 25 protest. 12,00O people have signed an Amnesty International petition calling for a Judicial Commission of Enquiry and accountability for the deaths and injuries arising from the use of unlawful police force against protesters in Kenya.

We wrote to the Ministry of Interior, the Attorney General, the Inspector General of Police and the Independent Policing and Oversight Authority concerning the findings in this Extended Press Release. However, at the time of this release, we had not received any feedback from the government agencies.

25 June is the most significant of the many protests held nationwide between June and August. It was the first time protesters in Kenya accessed parliament, an area considered a critical infrastructure, in response to the passing of the Finance Bill 2024.

Six human rights, legal and medical associations, including Amnesty International Kenya, The Law Society of Kenya, Defenders Coalition, Article 19, Medics for Kenya and the Independent Medical Legal Unit releases this based on interviews with 23 eyewitnesses, lawyers and medical professionals and analysed over 45 videos and 100 photographs taken in Nairobi on 25 June.

Documented between 8 July and 9 August, the evidence confirms Kenyan police unlawfully used lethal and less lethal weapons, including tear gas, water cannons and batons. Kenyan police fired tear gas at protesters, bystanders and medics, arbitrarily arrested and beat peaceful protesters, and fired live ammunition at crowds.

They did this in violation of international human rights law and standards, including the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials and the United Nations Human Rights Guidance on Less-Lethal Weapons in Law Enforcement. The use of unnecessary and excessive force against protesters led to the killing of at least six people and injury of hundreds.

“The right to protest in Kenya is protected under the constitution. It is unacceptable that, rather than facilitating and protecting protesters, police resorted to using deadly force,” said Irũngũ Houghton, Executive Director of Amnesty International Kenya.

“We only had flags, whistles and our phones”

On 25 June, thousands of protesters gathered in Nairobi’s central business district and other counties across the country to protest a finance bill that proposed increased taxes, including some regressive taxation measures amid high living costs. The bill was scheduled for a third reading in parliament that afternoon. Apart from isolated incidents of some protesters throwing stones or teargas canisters back at the police, the protest was peaceful.

Video footage shows police firing tear gas at a small group of protesters in Nairobi at 10:30 am. This investigation confirmed that police repeatedly shot tear gas grenades or canisters directly at protesters, sometimes at head-level, or straight up in the air, risking severely injuring people when they landed.

Videos shared on social media and broadcast by TV channels showed tear gas canisters were deployed as small groups of protesters started to gather in the morning (upper left image), shot at head-level (upper right image) and at two medical camps (bottom images).

Videos shared on social media and broadcast by TV channels showed tear gas canisters were deployed as small groups of protesters started to gather in the morning (upper left image), shot at head-level (upper right image) and at two medical camps (bottom images).

 

Malik*, a 28-year-old protester, told investigative researchers: “ I felt a sharp pain on my hand, then saw a tear gas canister dropping in front of me. That’s when I realised the canister had hit me, and my hand was bleeding. I have lost three fingers on my right hand.  I will not be able to function the same.”

Doctors managing a medical camp that treated at least 300 people, including at least four police officers, said that injuries included lacerations; breathing issues related to the inhalation of tear gas; itching from chemical irritants in the water shot from, at times, high-pressure water cannons; and serious injuries as a result of impact from a range of less lethal weapons.

“Tear gas should never be used against peaceful protesters, and isolated acts of violence do not justify the use of tear gas, since it has a wide area effect. Under no circumstances should it be fired directly at individuals. It should only be used in situations where there is generalised violence, and after clear warnings are given, which evidence confirms, police failed to issue,” says Faith Odhiambo, President of the Law Society of Kenya

Attacks against medical personnel

According to two witnesses, and visible in videos, tear gas was fired into at least two medical camps, and several times near the camps as injured persons were receiving treatment. A medic said they witnessed a tear gas grenade fall into a building at a third medical camp used as a room to treat patients.

Despite medics wearing identifiable clothing, a medical doctor was shot by a kinetic impact projectile in the chest while another was arrested and later released.

Deployment of lethal firearms and ill-adapted crowd control equipment

Police were armed with lethal and less lethal weapons, which Amnesty International weapons experts identified to be, among others, G3-, AK-, and Galil-pattern rifles, CZ Scorpion EVO 3 submachine guns, various types of shotguns (loaded with kinetic impact projectiles), and impact rounds.

Photos and videos show the use of ill-adapted equipment such as grenade launcher cups mounted on lethal ammunition-capable systems (G3 rifles), which appears to have caused panic among protesters. These launcher cups require blank rounds to function, and these can be easily confused as lethal rounds by protesters, as can be seen in several videos analyzed by our researchers. According to medics, they treated serious injuries likely caused by kinetic impact projectiles fired at close range.

Unlawful use of lethal firearms and failure to provide medical assistance

By around 12:30 pm, videos show that protesters had reached the Supreme Court; 900 meters away from the parliament buildings. The next 90 minutes was characterized by growing numbers of protesters and increased use of tear gas and water cannons by the police. Footage analysed shows that officers appeared to lack guidance and did not effectively communicate with each other, advancing, retreating and firing weapons at their own will. Four witnesses said the police seemed overwhelmed by the large number of protesters.

The parliament protest was announced several days in advance. Authorities had adequate time to facilitate the protest and minimize the potential for injury to any person and damage to property. Precautionary measures, for example by cordoning off parliament buildings while facilitating the protests nearby should have been taken. Videos show that police neither formed a clear cordon around parliament nor facilitated the protesters.

At approximately 2:30 pm, after members of parliament approved amendments to the finance bill, videos show protesters advancing towards the building and what sound like gunshots. Researchers were not able to determine if these shots came from rifles equipped with tear gas grenade launcher cups, or rifles firing live ammunition. Firearms with live ammunition are not an appropriate tool for the policing of assemblies. They must only be used when strictly unavoidable to protect life.

Videos show a police truck was set on fire next to parliament’s entrance. At least three bodies are seen lying on the sidewalk opposite parliament. Three protesters tend to the bodies, while three others try to carry an injured person towards the ambulances parked next to the police. One of them raises his hand, likely trying to indicate that they were unarmed.

 

Police fail to provide medical assistance as required by Principle 5(c) of the United Nations Basic Principle on the Use of Force and Firearms by Law Enforcement Officials. Instead, they fire tear gas canisters directly at the group, who flee, leaving the injured person lying on the ground. A tear gas grenade can be seen exploding next to the injured person. It is unclear if the explosion is due to defective equipment or if dangerous immediate-release tear gas grenades, loaded with small quantities of explosives, have been used. As the smoke recedes, two protesters manage to carry one of the bodies towards the ambulances – it is unclear whether the person survived.

At about 2:45 pm, videos show police retreating, leaving unattended a section of the fence around the parliament grounds that had fallen earlier. Protesters entered the area at about 2:56 pm. Most had their hands up, likely to indicate they were unarmed. Men dressed in civilian clothes responded by firing shots – at least four men are seen on camera firing rifles and handguns towards the crowd and in the air. Researchers counted at least 45 shots fired within 56 seconds. Three eyewitnesses said they saw at least six bodies of protesters who they believe had been shot dead. From evidence assessed, the protesters were unarmed.

Joseph*, a protester, told researchers: “What traumatised me is when I, I saw my friend [Eric] going down. … He was shot [outside the parliament gate]. That was not [gunshot] fire to disperse us. …  We were just there dancing and singing.”

Jared*, a man whose son was killed by a police bullet shot into his chin, said: “It is so painful to lose your firstborn son. I sold land to educate him so that he could have a bright future, but all this has been in vain because he is now dead. His employer brought us his first salary, and we used that salary to purchase his coffin.

Two witnesses inside parliament told researchers that protesters did not attack MPs, and some helped them leave the building. Videos show a small number of protesters breaking windows and taking flags. Videos also showed smoke coming from a section of parliament, and a picture showed the burned area. It is not clear what caused the fire.

Disguised law enforcement officials

Our researchers could not establish a clear command structure responsible for policing the protests. Videos and photos taken throughout the day show that most officers, including those in identifiable police fatigues, were not identifiable by their service numbers as required under Section 10 of the National Police Service Act. Most hid their faces and wore masks or balaclavas. Images also show groups of men in civilian clothes carrying weapons working alongside the police and riding in unmarked vehicles.

International human rights standards require police to be uniformed and have identifying markers, including name tags or service numbers.

Arrests, arbitrary detentions and abductions

According to the Kenya National Commission on Human Rights (KNCHR), human rights organisations facilitated the “release of over 300 persons illegally detained” on 25 June. As of end August, the Law Society of Kenya had documented 72 people that had been abducted, released or were still missing in relation to the protests. Thirteen disappeared on the 25 June and a further twenty-three went missing within seven days of this protest.

Researchers have researched three cases of abductions, which may amount to enforced disappearances. Kuria*, a human rights defender, lost consciousness after accessing parliament. He regained consciousness in a dark room guarded by two men. Kuria told researchers that the men interrogated him about how the protests were funded or facilitated before they drove him blindfolded and dumped him by the roadside in Nairobi. Kuria was held for over 24 hours. Two other youth leaders testified that unidentified men snatched them off the street and forced them into vehicles while they were protesting before parliament was breached. They were released more than a day later. Police actions violated article 49 of the Constitution, which protects the rights of arrested persons.

“Kenyan authorities must conduct prompt, thorough and independent investigations into all human rights violations committed in the context of the protests, including the killing of protesters and hold those responsible fully accountable. Victims of unlawful police use of force and family members of those who have been killed must be compensated,” said IMLU Executive Director Grace Wangechi.

We revisit the government ‘s failure to stipulate guidelines and timelines for the deployment of the Kenya Army to protect critical infrastructure in the aftermath of the 25 June protests. This failure violates international human rights standards and is subject to a court order by the High Court in Law Society of Kenya v Attorney General & 4 others (Petition E307 of 2024) [2024] KEHC 7702 (KLR) (Constitutional and Human Rights) (27 June 2024) (Ruling). We call upon the government to gazette the revocation of the deployment of the Kenya Army.

*Names changed to protect identity

ENDS`



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