For Immediate Release October 18, 2021 

Consortium Applauds Court Judgement Declaring Huduma Cards Illegal; Calls for Further Reforms. 

On 14 October, the High Court struck down the Government of Kenya’s decision to roll out Huduma Cards due to violations of the Data Protection Act, 2019. The Court found that the government had started collecting personal data from Kenyans without first determining how it would protect that data and that the Government has “not appreciated the import and the extent of the application of the Data Protection Act with respect to the collection and processing of data under the National Integrated Identity Management System” (NIIMS). 

The court has compelled the Government to complete a data protection impact assessment, as required by the Data Protection Act (2019), prior to processing of data or rolling out Huduma Cards. 

As a consortium of organizations working on citizenship, identification, human rights, and data protection, we applaud this judgment and the enforcement of the Data Protection Act by the courts. It is paramount that relevant legal frameworks are in place and followed before collecting and managing data. We call on the Government of Kenya to comply with this judgement by conducting a robust and thorough Data Protection Impact Assessment to protect the rights of all citizens and residents in Kenya. 

A Data Protection Impact Assessment is designed to identify risks that may occur through processing of data and put in place proper mitigation measures. A Data Protection Impact Assessment is critical to ensure compliance with both data protection laws as well as human rights obligations. Such assessments should involve mapping of all data processing and data flows, conducting consultation with stakeholders – which for a national initiative like NIIMS should include widespread public consultation on the purpose and risks of the system, completing a detailed risk assessment, and developing a range of measures to address the risks and ensure compliance with the law. If designed and implemented properly, a Data Protection Impact Assessment can reduce the risk of data breaches and intrusion of privacy. 

We call on the Government of Kenya to follow legal requirements and international best practices on Data Protection Impact Assessments as they complete the exercise. 

In addition to carrying out a proper Data Protection Impact Assessment, Kenya’s identification system and data protection regime must be reformed and strengthened in several other ways to protect the rights and serve the needs of all Kenyans. In particular, we call on the Government of Kenya to: 

1. Ensure a fully inclusive identification system: The Government must ensure all Kenyans can access identification documents such as birth certificates and national identity cards prior to moving forward with Huduma Namba. If Huduma Namba is rolled 

out, it must be done in phases, with a clear transition period to eliminate discriminatory treatment and expand access to documentation under the current system. There must be options for all to enroll and safeguards to protect against denial of services for those within and outside the system. By focusing on reform and access to the identification system first, the Government will reduce the risk that millions of Kenyan citizens will be left behind in the transition to digital. 

2. Establish a robust legal framework and governance body via country-wide public participation: Given the extensive nature of Huduma Namba and the impact it will have on the lives of all Kenyans, there is need for a national discussion about the future of identification in Kenya, including public input into the development of anchoring legislation, the system design, a governing body for NIIMS that can be held accountable for implementation and give effect to rights enshrined in the Constitution and other applicable laws. 

3. Ensure the full realization of the right to privacy and data protection: The Government must ensure Kenya has a financially independent and well-resourced data protection authority, capable of discharging its mandate under the Data Protection Act. The government ought to ensure the swift adoption of the draft Data Protection Regulations (2021). Likewise, the government must realize its responsibility to comply with the Act by guaranteeing threats to human rights are sufficiently mitigated and all necessary data protection safeguards have been implemented. 

In conclusion, the Government of Kenya should not push Huduma Namba forward in blatant disrespect of the law but instead ensure the creation of an identification system and data protection scheme that protects and gives effect to all Kenyans’ rights enshrined in our Constitution. 

Signed by: 

1. Katiba Institute 

2. Kenya Human Rights Commission 

3. Heralding Development Organization (Paranet) 

4. ARTICLE 19 Eastern Africa 

5. Centre for Minority Rights Development (CEMIRIDE) 

6. Defenders Coalition 

7. Namati Kenya 

8. Nubian Rights Forum 

9. Access Now 

10. Haki Centre 

Full report here WHRD Mental Wellbeing

This study aimed at carrying out a needs assessment of the status of WELLBEING, MENTAL HEALTH and SELF CARE practices from a sample of 200 Women Human Rights Defenders (WHRDs) in Kenya to inform future interventions that are meant to prevent or mitigate mental health issues which arise as a result of their ‘work’.

WHRDs play a big role in fighting a myriad of human rights injustices and in so doing they expose themselves to the risks of developing mental health problems due to the traumatic situations they constantly face while challenging the status quo. Despite being at the forefront in defending the human rights of others, WHRDs tend to receive little or no support from formal support systems; instead, they seek support from their colleagues, as they are more often than not unattached to formal organizations. Others engage in dangerous behaviours such as alcoholism to relieve stress and relax from ‘work’.

During Focus Group Discussions, it was also revealed that some participants’ families were fearful for their physical safety, especially after the death of an activist Caroline Mwatha in 2019. This research was conducted using desk review and qualitative data analysis. Library and online sources proved crucial to this study when conducting literature review on the gaps that exist in providing support for the wellbeing, mental health and self-care of WHRDs in Kenya.

During the conduct of the qualitative research, the author collected, analyzed and interpreted the non-numerical data in a bid to understand how individual WHRDs subjectively perceive their work and the associated challenges, and how it gives meaning to their social reality1 . In the field, the researcher collected perspectives from WHRDs in several counties regarding the kind of support, services or skills that they would need to continue to address injustice, while at the same time securing their self-care and wellbeing, in order to remain mentally and physically healthy to do their advocacy. The findings from this study show that as they work to defend the rights of others, WHRDs in Kenya experience a variety of challenges such as insecurity threats, violence including (S)GBV and detention of self or family members from the government or the private sector.

Most of the respondents indicated that they or other WHRDs they are familiar with had experienced at least 80% of the mental health conditions that the researcher had listed in the study questionnaire. The challenges that WHRDs encounter at ‘work’ coupled with the strenuous and potentially trauma-inducing work puts them at risk of developing mental health problems. WHRDs in Kenya lack enough support for their mental wellbeing and selfcare from the formal support systems (most do not have a steady income), from both government and NGOs which further complicates their activism.

It was also concluded that the Kenyan government has not prioritized mental health support for its population let alone for women human rights defenders. The researcher hopes that the findings of this study will function as a bridge between the current state of affairs and the desired future – where WHRDs’ physical as well as mental needs are catered for and prioritized. It is hoped that the ultimate outcome of this assessment will be the provision of support to WHRDS where findings indicate a need for their mental health and general wellbeing be prioritized.

Thus, the main goal of this research is to mainstream mental health support for WHRDs, owing to the strenuous and potentially trauma-inducing ‘work’ they engage in. effects of such conditions by taking care of their mental health and nurturing their emotional wellbeing.

Full report here WHRD Mental Wellbeing

Today, we speak as environmentalists, conservationists, civil society organizations and advocates of the earth to demand action from our leaders, starting with the President of Kenya, the Directorate of Criminal Investigations (DCI), the Kenya Forestry Service and the Ministry of Environment and Forestry, to thoroughly investigate the murder of Joannah Stutchbury. This Kenyan Environmental Defender was killed yesterday, 15th July 2021, at around 16h35 (EAT) just outside her home. Kenyan authorities must ensure that the killers, who dared to murder her in broad daylight, face the full force of the law. 

The preamble of our Constitution states that we are “RESPECTFUL of the environment, which is our heritage, and determined to sustain it for the benefit of future generations” Article 42 guarantees all Kenyans the right to a clean and healthy environment. 

Unless environmental defenders are effectively protected, we will be forced to continue to attend their burial ceremonies. Their only crime was to stand and protect the Constitution that we dearly love. 

Crimes against the environment are the fourth largest criminal enterprise – only drugs, counterfeiting, and human trafficking beats it. Environmental crimes (experts prefer the term ecocide) ranks higher than the sales of illegal arms. Threats to active environmental protectors have claimed the lives of the courageous ivory investigator Esmond Bradley Martin, Esther Mwikali, Sengwer Robert Kiprotich, and forced Phyllis Omido and other environmental defenders into hiding recently. 

We are alarmed at the rate at which human rights activists, environmentalists, and conservationists are threatened, harassed, and killed each day in Kenya and worldwide. At the same time, the perpetrators continue to scour the country free from any repercussions. 

Joannah was a dedicated and committed conservationist and an ambassador of the forest who never turned a blind eye when she saw illegalities within the Kiambu forest. We believe this is the reason why she was killed. 

We are fully cognizant and applaud the President, His Excellency Uhuru Kenyatta, for condemning this act of cowardice from the perpetrators. Indeed, they saw no other way to silence our beloved Joannah – who made bold statements favouring the environment, including protecting our forests – but by killing her. 

For this reason, we, as organizations from all parts of the country, the African region, and the world, condemn this senseless killing and call for justice for Joannah and all the other environmental and human rights activists who have lost their lives while defending the integrity of our environment and natural heritage. These fierce and courageous defenders have met their untimely death while trying to leave behind a better world for the next generation, for being the voices and guardians of the trees in the forests that give us the oxygen that we breathe and the wildlife that attracts billions of shillings as foreign currency from the tourists that visit this nation. 

Protecting our environment, wetlands, and forests is not optional. It is a precondition for the survival of Kenya. 

It is for all the above reasons that we demand: 

A. The President 

1. Ensure the DCI takes this matter seriously and proper investigations are done. 

2. Direct the Ministry of Environment and Forestry, as well as the Kenya Forestry Service, to come up with a plan of protecting and, where appropriate, gazetting all forest lands in Kenya to shield them from land grabbers who see the forests as opportunities to enrich themselves at the expense of our environment and all Kenyans. 

3. Nurture, protect and enhance the capacity of forest-dwelling and indigenous communities, like the Ogiek and Sengwer, to defend and protect our forests, lakes, and rivers. 

4. To direct, with immediate effect, environmental activists to stop being labelled as anti-development, nay-sayers, disruptors, or a nuisance. 

B. The Directorate of Criminal Investigation 

1. To thoroughly investigate Joannah’s murder and not leave any stone unturned in their pursuit of the perpetrators. Further, to make public their status report within 14 days henceforth (by 30th July 2021) 

2. To prosecute the perpetrators, including their agents and accomplices, of this cowardly and heinous act and ensure that justice is met. 

C. The Ministry of Environment and Forestry 

1. Coordinate with other relevant ministries and government departments to ensure our environment and forests are not afterthoughts whenever any decisions (be it development projects or otherwise) are made. 

2. Work with environment activists, conservationists, forest-dwelling, and indigenous communities to reach a grassroots – grass tops solution to protect our environment, forests, rivers, and swamps from land grabbers. 

This statement has been endorsed by the organizations and entities below: 

1. deCOALonize Campaign Kenya 

2. Wildlife Direct 

3. Amnesty International Kenya 

4. The Defenders Coalition 

5. Center for Justice Governance & Environmental Action 

6. Daima Coalition for Green Spaces protection 

7. Centre for Natural Resource Governance – Zimbabwe. 

and 67 other human rights organizations

 The Police Reforms Working Group-Kenya acknowledges and appreciates the preliminary investigation report from the Independent Police Oversight Authority (IPOA) that led to the arrest of the six police officers by the Office of the Director of Public Prosecution (ODPP) for the murder of the Kianjakoma brothers Benson Njiru Ndwiga and Emanuel Marura Ndwiga who were arrested in Kithangari Village in Embu County on 1st August 2021 – for allegedly violating curfew orders. 

As the investigations progress we urge the investigators to: 

a. Ensure that the specific individuals responsible for the actual assault an torture to death are identified among the six and, or any other officer; 

b. Ensure that officers who are complicit for witnessing and protecting the actual assault and torture suspects are identified; 

c. Ensure command responsibility for the killing and dumping the bodies, and failure to report deaths in police action as required by IPOA and NPS Acts.. 

We are however disappointed that no police commander who bears the highest responsibility was arrested and charged. Neither the Ward, Sub-County, County nor Regional Commanders are on the list of those brought to court yesterday. While pursuing individual criminal responsibility is critical in this case, we believe that by accountability at command level will send a strong and unequivocal message that criminality within the Service will no longer be tolerated. 

We commend Kenyans from all walks of life for rising up and speaking about brutality of police officers against civilians, and the systemic nature of this criminality. This is a sure testament that if we come out as a country and speak out on what is wrong, swift action will be taken, but we shall save many more lives. We call upon Kenyans not to drop the baton on their quest for human rights and better policing. 

We are cognizant that even after the murder of the two brothers, there was still another unwarranted killing and serious gunshot injuries to 4 persons in Kianjokoma as a result of unnecessary and excessive use of force and firearms’ against protesting citizens. We urge for speedy conclusion in this case including identifying: 

We call for speedy conclusion of investigations into the; 

a. specific officer (s) who fatally shot and killed Moses Kimathi Njiru 

b. specific officer(s) involved shooting and serious injury of 4 persons who are still in the hospital; 

c. command responsibility for the indiscriminate shooting and violence against pubic demo, including the operation order issued with regard to the demonstrations 

We call for the arrest of the Ward Commander (OCS) and Sub-County Police Commander (OCPD), County Commander and Regional Commander for their role in the entire incident, and resultant actions and decisions. 

We also reiterate the need for immediate placement of all witnesses under the Witness Protection Program for their own safety and security, to facilitate objective investigations and safeguard the integrity of the investigation. 

While the effort of IPOA and ODPP are to be appreciated for their role in the investigation and prosecution, we at the Police Reforms Working Group-Kenya, still feel there is more that ought to be done to ensure future deterrent of rogue police officers engaging in wanton murder of the youth. 

Once more we are disappointed by the delays of the Office of the Attorney General in operationalizing the National Coroners Service Act 2017, which continues to undermine the criminal justice system in professionally investigating suspicious deaths in police custody and police operations. The Office of Coroner-General would have been called upon to carry out an autopsy, preservation and analysis of other evidence to ascertain the cause of death 

including whether they were tortured. Tragically, the National Coroners Service Act 2017 remains inoperational for the last four years. We reiterate our call to the Attorney General to immediately operationalize the National Coroners Service Act 2017. 

This statement was signed on 18th August 2021 by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional and rule of law policing. They include: 

1. Amnesty International Kenya, 2. Constitution and Reform Education Consortium (CRECO), 3. Defenders Coalition; 4. HAKI Africa, 5. Independent Medical-Legal Unit (IMLU). 6. International Centre for Transitional Justice (ICTJ-Kenya), 7. International Justice Mission (IJM-K), 8. Katiba Institute, 9. Kariobangi Paralegal Network, 10. Kenya’s for Peace, Truth and Justice (KPTJ), 11. Kenya Human Rights Commission (KHRC), 12. Peace Brigades International (PBI), 13. Shield For Justice (SJF), 14. Social Welfare Development Program (SOWED), 15. The Kenyan Section of International Commission of Jurists (ICJ Kenya), 16. Transparency International Kenya (TI-Kenya), 17. Usalama Reforms Forum, 18. Wangu Kanja Foundation, 19. Women Empowerment Link (WEL), 20. Social Justice Centre Working Group.