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INTRODUCTION

Civic space in Kenya continues to be under pressure as a range of actions is being directed against the work of Human Rights Defenders (HRD) and Civil Society Organizations (CSO) in Kenya. Physical attacks, criminal and administrative actions, reprisals, legislative restrictions, negative rhetoric and limitation of human rights have undermined the constitutional and international protections available to HRDs.

It is against this backdrop that the Working Group on Human Rights Defenders in Kenya, which brings together CSOs, the UN and development partners concerned with the protection of HRDs, is organizing the fifth edition of the HRD Awards on the 26^th of November 2021. The aim of the ceremony is to honor and publicly recognize the important work of HRDs in Kenya, by giving out awards to men and women who have demonstrated courage, innovation and impact in the promotion and protection of human rights and fundamental freedoms. The awards are presented in three categories: the Munir Mazrui Lifetime Achievement Award, the Human Rights Defender of the Year Award, the Upcoming Human Rights Defender of the Year Award.

THE OBJECTIVES

The objectives of these awards are to:

1. Honor the extraordinary work of HRDs in the promotion and protection of human rights;
2. Profile the work of HRDs and the challenges they face as agents of social change and transformation;
3. Recognize and appreciate the human rights work of young and upcoming HRDs in Kenya and support talent;
4. Enhance the safety and protection of all HRDs in Kenya.
5. Recognize innovation in engaging with human rights work

SELECTION PROCESS

• Nomination:

The Working Group on Human Rights Defenders in Kenya develops a call for nominations, which is then widely circulated by the National Coalition of Human Rights Defenders in Kenya (also referred to as Defenders Coalition) and other partners. This call outlines the criteria for eligibility for nomination. Individual HRDs can be nominated in the three categories.

• Shortlisting:

A panel comprised of missions and organizations involved in the planning of the HRD Awards then shortlists five individuals per category within the set-out guidelines for shortlisting candidates.

• Verification:

The panel verifies the HRD’s human rights work through field visits, and interviews with the nominators, the nominees and their references.

• Selection:

The Independent Selection Panel, which comprises of eminent individuals in the human rights sector, makes a final decision, from the names submitted, on the recipient of the three awards and the runner up.

• Award ceremony:

Will be held on the 26^th of November 2021 in the presence of CSOs, the UN, the government, selected HRDs, representatives from the international missions, and the media who will cover the event.

SELECTION CRITERIA

The following will be taken into consideration:

• Demonstrable impact of the HRD’s human rights work to the community.
• The role of the HRD in promoting human rights, especially the rights of marginalized and vulnerable groups
• Courage of the HRD in his/her human rights work
• Demonstrated leadership, innovation and creativity in his/her human rights work
• Contribution to development of a human rights-based approach within his/her county with regards to the thematic area of focus
• Future goals and likely impact
• HRD’s acceptance on the universality of human rights
• Degree of difficulty of the achievement and sacrifices made
• Visibility derived from the award to enhance the work of the HRD to promote human rights and active citizenship
• The HRD should have a link to the community and his/her work should have built or is working towards building a movement

AWARD 

• Three awards will be presented to the overall winners: the Munir Mazrui lifetime achievement award, the HRD of the year award and the upcoming HRD award.

The winners will receive: 

• A cash award of $ 1,000
• A plaque with the HRD’s or the group/organization’s name on it
• Will be a guest at the HRD award ceremony 2022

WITHDRAWAL OF AN AWARD

The Selection Panel can revoke an award given to past winners if they violate human rights or go against the selection criteria of the HRDs Awards after being awarded.

To nominate your favorite HRD, download the nomination form here

OR Nominate them online here

All nomination forms should be sent back to the Defenders Coalition via advocacy@defenderscoalition.org with a clear subject line “HRD AWARD NOMINATION” by the 31^st  of July 2021, 11.59 P.M

Nominate a HRD now

DEFENDERS COALITION SOLIDARITY STATEMENT ON THE 2021 IDAHOBIT CELEBRATIONS

17th May 2021

The 2021 IDAHOBIT celebrations have come at a time where SOGIE HRDs and organizations are mourning and alarmed of their safety and security. Defenders Coalition is concerned about the recent killing of a respected human rights defender in the coast region, Joash Mosoti. We condemn this act and witnessed rising insecurity amongst SOGIE HRDs and organizations in the country. We pass our condolences to the immediate family, friends, HAPA Kenya and all organizations affiliated with Joash. We extend our solidarity and support to you during this difficult moment.

Since 17th May 2020, Defenders Coalition has responded to more than ten cases comprising of SOGIE organizations office break-ins, home break-ins, physical injuries, negative profiling forced evictions and threats to HRDs across the country. These paints a gloomy picture in the recognition of the important work carried by HRDs to respond to the needs of their community members.

The effects of COVID 19 have also affected individual HRDs family life. In our monitoring of the situation of HRDs during the pandemic, there has been reported domestic and gender-based violence that has resulted to family disintegration and targeted attacks to HRDs. COVID 19 has also seen some organizations miss out on funding for their projects and activities. This has seen some of the organizations close down, scale down their interventions and also delay in responding to human rights cases reported to them. We have also noted with the rising scapegoating instances both physical and online platforms.

The witnessed delay by the government to acquire and disburse ARVs has been an up hill task for SOGIE organizations and HRDs who have been at the forefront to support people living with HIV/AIDS. This has created a mistrust between the organizations and their clients, something that has affected service delivery in this sector.

However, despite all this challenges, we cannot fail to celebrate the successes and good practices witnessed in the past year. We recognize the agility of organizations and individual HRDs rise to occasion to mitigate the effects of COVID 19 in their communities. Whereas some out of the way to do personal donations and humanitarian support for the SOGIE community, some went online to fundraise and highlight the situation of their communities.

We celebrate organizations that went ahead to organize webinars, entertainment and online games that kept their staff, volunteers and supporters engaged during the lockdown, curfews and restrictions to in person gatherings. We also recognize organizations that initiated income generating incentives for their members and other social-economic activities that kept them engaged and also creating community ownership.

In addition, we cannot forget the great work done by organizations who initiated a free toll number for counselling and wellbeing activities in their area of work. We appreciate your support, solidarity and hospitality to colleagues, peers and community members who are suffering repression in their countries. This affirms your commitment to ensuring a safe and conducive environment for the LGBTQ+ communities across board.

These successes indicate that we care about each other and are willing to stand in for our communities. In line with this year’s theme: “Together: Resisting, Supporting, Healing, Defenders Coalition wishes to affirm our support to the noble work done by SOGIE HRDs and organizations through strategic engagements/interventions, rapid response and advocacy initiatives led by the movement. We are just a call away in fulling the mandate you have bestowed on us of ensuring safety, security and wellbeing of HRDs in Kenya. VIVA!

POWER OF MERCY- CHALLENGES FOR BENEFICIARIES

What factors should be considered prior to release of an offender through the power of mercy?

•  Introduction. 

When offenders leave penal institutions on any ground, whether through completion of sentences or through power of mercy; they face important challenges. The following presentation focuses on important issues that should be considered when the Power of Mercy Advisory Committee (POMAC) considers petitions by offenders in penal institutions. 

•   Challenges:

1. 1. Certificate Of Good Conduct:

In Kenya, police clearance certificate also referred to as the certificate of good conduct issued by the Directorate of Criminal Investigations (DCI) is a very important document since it determines ones suitability to be employed and enjoyment of other important social, economic and political opportunities. The certificate is generated based on the past criminal records as determined by existence or non-existence of archived finger-print database. 

Lately, the certificate of good conduct has become a source of pain especially for people who may have come into conflict with the law despite interventions done by various actors including the Probation and Aftercare Services and Civil Society Organizations (CSOs).

Due to the growing concerns raised by the affected, it has thus emerged that there is a need to critically analyze the situation and come up with strategic actionable proposals that will ease the process of acquiring the certificate of good conduct devoid of unwarranted details obtained from the DCI database.

Background of good conduct certificate.

The history of police clearance certificate goes back to the colonial period when suspected offenders would have their fingerprints taken and archived by authorities. This was continued by the subsequent regimes in the post-colonial period whereby someone’s history in relation to conflict with the law could be archived and retrieved in case of any need. 

The certificate of good conduct has its basis on the premise of the constitution and other legal framework which governs the criminal justice system, especially the need to establish a previous conviction during sentencing. These include the Judicial Service Act and a raft of other policies such as sentencing policy, bail and bond policy, among others. The Judiciary works with other agencies that are guided by relevant statutes such as Penal Code, Probation of Offenders Act, Prison Act, and Kenya Police Service Act among others.

The Directorate of Criminal Investigations (DCI) under the National Police Service (NPS) keeps the historical data of past offenders; which is used to determine the entries to be made in the certificate of good conduct as indicated in section 55 of the National Police Service Act. Further, the National Police Service on their website inform the public that;

A certificate of good conduct means that the particular Kenyan holder has been searched in the criminal records of Kenya, and no criminal record has been traced. The validity of a certificate of good conduct is based on the information provided as from the date of issuance of the certificate.

Though acquiring a certificate of good conduct in Kenya has eased over the years, it still remains a challenge to many Kenyans. The matter is further complicated by the fact that if one has been in conflict with the law, the certificate captures the details of the offences committed. This makes it difficult for holders to acquire employment opportunities and other state and non-state social and economic opportunities whether they are released after the end of the sentence term or are beneficiaries of power of mercy. 

1. Lack of preparation for post penal interventions. 

Aside from the good conduct certified clearance, other challenges include; (i) restorative Justice and mediation taking in account the family, victim, community and offender, (iii) Mental health assessment of the offender at pre-release stage, (iv) offender rehabilitation and psychosocial support at pre-release and after prison (who follows up?) 

There have been cases where a person released through power of mercy faces challenges associated with stigma. The good intentions of POMAC are at times affected by such hostility and this promotes recidivism which further complicates the situation.

Post penal period is associated with great mental anguish because so much usually has changed during the period of incarceration. In the current set up, there is no follow up mechanism in place for those who leave penal institutions through POMAC. When pardon has been granted; there seems to be no legal basis to continue  such follow up. 

•  Impact of challenges on released offenders and need for interventions  through POMAC

The impact of the foregoing challenges can summarized as follows:

1. Exclusion-  A person who leaves a penal institution on POMAC or completion of sentence may be barred from holding important social and political positions either for decision making or representing subjects. This includes social and political positions in the society.  Such negates the impact of pardon and its intentions. The big question is; can a person who has been pardoned hold political offices or get jobs that require clearance by the department of criminal investigation?  

We hold that in as far as that certificate bears records of past offences even after pardon, or completion of a sentence it aggravates exclusion of the holder to fully achieve the intentions of pardon or any other decision arising through power of mercy. 

1. Discrimination- A person who holds a certificate with information which portrays a negative past character may suffer prejudice and therefore fail to capture employment opportunities, grants, business opportunities and academic privileges in certain contexts. This impacts more negatively for the rest of their lives, on the young people who might have had come into conflict with the law.

1. Stigma- A person whose identity is defined by negative past deeds may suffer prejudice on the basis that his past, whether he or she complied with judicial directives and or by mere fact that records held by the DCI indicate so, will stand as forever vindicated by society. This is because there is a lack of community awareness of the various reasons and circumstances under which a person can leave a penal institution.  This stigmatization negates the spirit of penal releases especially when done through power of mercy options. 

1. 1. Recidivism– With limited opportunities, it is possible that one might go back to crime so as to fend for him/herself and family or siblings.

• Nullification of power of mercy: Where a person has been released under power of mercy; the same appears to be an exercise in futility since the power of mercy does not address the issue of the archived data, post penal institution support (such as psychosocial support, addressing accommodation needs). The Power of Mercy Act no 21 of 2011 has no provision that addresses what happens when a person is released from a penal institution under power of mercy. In as far as there lacks defined post penal arrangement, release of an offender under power of mercy may appear a null exercise due to failure to achieve its important role of enabling the person to regain their civility.

• Recommendations to cure the identified challenges

Understanding that there is great need to support those who leave the penal institutions on completion of sentences or through power of mercy; we propose the following remedies:

1. There is a need to redefine the legal, policy and administrative circumstances under which a certificate of good conduct can be populated with past offences details. That while the original intent of certificate of good conduct is that of ensuring citizens abide to law and order, the same has the potential to achieve the exact opposite as many people issued with certificates reflecting their past offences whether petty or for which they served prison sentences continue to face the above mentioned challenges.  

Anyone leaving a penal institution has undergone some level of correction or intervention to correct the past wrongs.  Consequently, the  legal or policy framework;

1. Should define under what circumstances the good conduct certificate can be populated with past offences- should it be before conviction, during trial or after conviction. There are good certificates that contain past records even without a conviction in court.
2. Should define who should access the said information- whether it is for public safety reasons or for the sake of general knowledge. Should employers ask for a certificate of good conduct when all they could be interested in are competencies? 
3. Should classify the data held by DCI used to populate a good conduct certificate as protected data and therefore any person should have control on when to disclose the same if not it does not affect public safety. To aid proper reintegration, the past records should remain confidential and should only be disclosed in cases where public safety is at risk.
4. Should define what agencies should keep such data and for what reasons- preferably neutral agencies. The DCI is the one charged with prosecuting offences in court. Should they be the custodian of such private information and can the same affect their impartiality in serving the citizens. The policy/legal framework should provide for a neutral agency that can hold such information. 

1. In addition to the functions of the POMAC, there is a need to establish a prison pre-release throughcare checklist guide that would monitor client behavior and mental health prior to release. The establishment of the same will pave way for correctional agencies to validate the process of client reintegration. Ultimately, the gaps identified during client, shall be addressed appropriately and effectively during throughcare procedures. 
2. The POMAC should include non-state correctional agencies in the committee. In the corrections practice in Kenya, non-state actors have worked well with  correctional agencies in a complimentary manner in management of offenders in the penal institutions.  Their inclusion in the POMAC committee would bring the much needed complimentary support especially during the post penal release period. Such inclusion would provide a structure and system for the offender reintegration and management plan and to enhance the validation of the various criteria applied by the committee when making client recommendations from the list of considerations provided to the committee under Article 133 of the constitution
3. To facilitate the realization of these recommendations, we recommend the review of POMAC governance structure which needs to be as inclusive as possible to allow citizen participation in addressing the various gaps identified during the offender reintegration and also to allow the committee to be synced to the grassroot issues as the committee carries out its National mandate in the criminal Justice Sector. 

Conclusion

The release of an offender from a penal institution on pardon or recommendation under power of mercy begins a process in restorative justice. The process may be informed by the offender’s willingness to take responsibility for harm done to the victim or society and may provide opportunity for the parties directly affected by the crime – victims, offenders and communities to identify and address their needs in the aftermath of a crime. 

Penal release may also be proof that rehabilitation has taken place and a confirmation that the offenders being released into the society are reformed persons and hence the need to offer them all the necessary support. We submit that POMAC has the opportunity to accelerate these gains by adopting our recommendations. 

Signed and submitted by the following organizations:

1. Defenders Coalition
2. Faraja Foundation
3. Clean Start
4. HAKI Africa
5. Legal Resources Foundation
6. Kenya Human Rights Commission
7. Amnesty International – Kenya

Tuesday May 4, 2021

Press release:

We comprising of human rights and civil society organizations across Africa take this opportunity to congratulate Her Excellency Samia Suluhu Hassan, the sixth President of the United Republic of Tanzania and also welcome her on her two-day state visit to Kenya for bilateral talks aimed at strengthening the diplomatic relations between Kenya and Tanzania.

We acknowledge your stature as a progressive leader to the People of Tanzania, East Africa and Africa at large. As civil society organizations, we have confidence and faith in your leadership and the good example you continue to set.

Your Excellency, we African civil society actors from all walks of life, view the citizens of the United Republic of Tanzania as our brothers and sisters. We affirm that any concern arising from your country is our collective concern. From the interactions, reports and media highlights, we have come to learn and appreciate your recent move to release over 5,000 prisoners from prison, some of who were detained during the recently concluded electoral process in Tanzania. Indeed, you have shown the way for other African leaders to follow.

On the same breadth, from our partners in Tanzania, we have come to learn that, there may still be others including human rights defenders, journalists and political activists, who may still be incarcerated in prisons across Tanzania. It is our belief that they too were arrested in relation to Tanzania’s 2020 general elections. Attached is a list of about 100 who we fear may still be held in prisons.

Through this statement, we appeal to you, first as a mother, secondly as a civil society colleague and thirdly as the President of the United Republic of Tanzania, to consider releasing and or pardoning them. These request is keeping in-line with your government’s commitment to fulfill its obligations under international laws and statutes guarding human rights, rule of law and democracy.

We further appeal to you, to publicly denounce repression of human rights defenders, journalists and political activists. We request you to be the icon of fostering the growth of a human rights society, in Tanzania, East Africa and Africa as a whole.

Signed by the following organizations who trust and believe in your leadership.

1. Defenders Coalition – Kenya
2. HAKI Africa
3. National Coalition of Human Rights Defenders Uganda
4. Friends of Uganda
5. Kiamaiko Community Social Justice Centre
6. Kayole Community Social Justice Centre
7. Ethiopian Human Rights Defenders Center
8. Concerned Citizens of Kenya
9. Umoja wa Kudai Katiba Mpya Tanzania
10. Bunge La Mwananchi
11. Grassroots Women Initiative Network -Kenya
12. Protection International – Africa
13. Sisters for Justice

2nd May 2021

For Immediate Release:

We, the Police Reforms Working Group-Kenya (PRWG-Kenya), are alarmed and utterly dismayed by the illegal arrest, detention, and killing of Collins, a youth from Mathare in Nairobi County on 29th April 2021. This is the latest killing of a Mathare youth allegedly by a most rogue police officer known as Baraza, who operates in Mathare and Pangani areas within Nairobi County.

Mathare Social Justice Centre (MSJC) meticulously documented Collins’ abduction in a timeline shared on Twitter. MSJC sent pleas for help to the National Police Service, the Inspector General of NPS, the Director of Criminal Investigations without recourse. MSJC made the following request on social media: –

Thursday 29th April 2021

Ø 3.38 pm, MSJC reported that Collins had been arrested by an officer known as Njoro. They explained that he (Collins) had witnessed the killing of another young man by the name of Dominic Kalema.

Ø MSJC identified a Toyota Probox Registration Number KCW 491N which is usually used by Baraza and his squad to detain and harm Mathare youth illegally.

Ø 5.41 pm, MSJC tweeted that Collins was in a Toyota Probox with the number plate KCW 491N, driven by Baraza and company, and was then parked in Pangani.

Ø 9.54 pm, Two more young men had been illegally detained in the Probox number plate KCW 491N — Kelvin Irungu and a friend. MSJC reported hearing that Collins may have been killed though they hoped for the best.

Friday 30th April 2021

Ø 1.11 am, MSJC confirmed that Collins was killed and his body taken to City Mortuary. Kevin Irungu and his friend are said to be still missing.

The Police Reforms Working Group (PRWG) has received a number of complaints against the same officer and others such as Ahmed Rashid of Pangani. We are shocked and perturbed that the duty bearers in the Ministry of Interior, the National Police Service and Independent Policing Oversight Authority (IPOA) have not taken steps to bring these officers to justice. We suspect that Baraza, Ahmed Rashid, Njoro and the other are serial killers in uniform.

According to the Missing Voices annual report, police officers killed 157 Kenyans in 2020 and forcefully disappeared 10 Kenyans in their custody. Collins is just one of the many cases of police killings that has continued unabated.

We demand swift action to end the reign of terror on Kenyan youth in Mathare and other informal settlements in Nairobi and across the country including Mombasa and Kisumu. Moreover, we demand the following:

1. The immediate arrest of Baraza, Njoro, and Ahmed Rashid for capital crimes, including abductions and executions committed against Collins and many others.

2. Public condemnation of extrajudicial killings by President Uhuru Kenyatta, CS Interior Dr. Fred Matiang’i and Inspector General of Police, Hillary Mutyambai.

3. The National Security Committee of the National Assembly to table a report outlining the action they are taking to curb the alarming rise in extrajudicial killings and enforced disappearances.

4. IPOA to institute urgent investigations to establish the whereabouts of Kevin Irungu and his friend alongside the circumstances that led to the death of Collins.

5. Police re-dedication to the rule of law where suspects of all crimes are arrested, prosecuted, and taken before courts of law. The same laws also bind police officers.

The PRWG-K wishes to remind the police and the government that the Constitution of Kenya 2010 guarantees the right to life, human dignity, security of the person, freedom from torture, rights of arrested persons, and fair trial. The security apparatus of Kenya is mandated to promote, protect, and fulfill these rights. A breach of these rights is an abdication of duty and illegality that we condemn in the strongest possible terms.

We wish to remind the State that the International Human Rights Law lays down obligations which States are bound to respect. By Kenya becoming a signatory to the Universal Declaration of Human Rights (UDHR) and other international treaties, it assumes obligations and duties under international law to respect, to protect and to fulfil human rights for all Kenyans. The obligation to respect means that Kenya must refrain from interfering with or curtailing the enjoyment of inalienable human rights.

The Kenyan Constitution, 2010 states that every person is equal before the law and shall enjoy equal protection by the law. All persons have the right to full enjoyment of essential rights and fundamental freedoms including the right to life and more.

As we conclude we also wish to let the police and the government know that we have noted with utter consternation the continued abduction, killing and disappearance of innocent citizens only to be found tortured and murdered as happened with the Kitengela quartet. As Members of the Police Reform Working Group we reassure the country that we shall not relent in our cardinal duty of pursuing human rights violations in our constitutional court as per the Constitution of Kenya, 2010 and International Human Rights law’s pronunciations on fundamental Human Rights.

This statement is signed on 2nd May 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.Defenders Coalition

2. Constitution and Reform Education Consortium (CRECO)

3. Amnesty International Kenya

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 Centres Working Group

21. Mathare Social Justice Centre