Rapper Smallz Lethal (centre) on a screen capture from his viral video song I am Offended
29th April 2020
Nairobi Kenya
Defender Coalition condemns unwarranted intimidation of artivists working on issues of governance and social accountability
Defenders Coalition strongly condemn the increased threats to human rights defenders – artivists- working on issues of governance, transparency and social accountability in Kenya with the most recent incident being the intimidation of rapper Jim Nyamwaka Nyakundi alias Smallz Lethal, a Kisii-based artist and activist.
In the incident, Smallz Lethal was arrested and taken into custody by both plain-clothed and uniformed police officers on 27th April 2020 for releasing a viral rap video dubbed I am offended.
Just like any other Kenyan, Smallz Lethal is entitled to enjoy his constitutionally-endowed right to freedom of speech and expression to express community grievances to duty bearers and seek to hold them to account for their conduct and performance in terms of delivering services, improving people’s welfare and protecting people’s rights.
Defenders Coalition condemns the use of the Kenya Police Service Officers by duty bearers and other non-state agencies as a tool for instilling fear, mayhem, panic, detaining, charging on tramped up charges, harassing and intimidating human rights defenders.
In a similar incident on 15th December 2019, rapper Kennedy Ombima alias King Kaka was intimidated by a duty bearer after releasing a song dubbed Wajinga Nyinyi, in which the said duty bearer was promiscuously mentioned for taking part in one of Kenya’s biggest corruption scandals during her tenure as the helm of one of the government’s powerful ministries. Defenders Coalition calls on the:
Support to Creative Human Rights Defenders’ efforts of sensitizing communities on Covid-19 intensified
Crisis and uncertainties calls for innovation and creativity to parturition solutions meant to keep communities hopeful, informed and rally their support behind those engaged in efforts aimed at finding solutions to mitigate the effects. COVID-19 pandemic has not been an exception. Human rights defenders from different parts of Kenya are devising innovative and sustainable ways of sensitizing their communities on corona virus disease to keep them safe.
One of the many ways that HRDs have resorted to is through erection of murals on walls within informal settlements in Nairobi. In the month of April 2020, Human Rights Defenders from the Social Justice Centres Working Group-Arts and Sports Department were supported by Defenders Coalition to erect murals on walls in Maringo Estate in Makadara and Kibera area in Nairobi, as an alternative mechanism of sensitizing community members of the corona virus disease.
The first wall painting activity took place on 30 April 2020 at Maringo Estate, where, two walls were painted. On one mural, two medical practitioners clad in protective medical equipment including face masks, are seen holding what seems to be a representation of a globe in their hands and shielding it from what can be interpreted as the dangerous virus of the corona virus disease.
On this mural, the message is to celebrate the resilience of medical personnel, their resilience, risking their lives and sacrifices of not going home to their loved ones at the end of the day so that we stay safe. Moreover, it encourages community members to be part of the efforts aimed at curbing the spread of the disease such as wearing a face mask.
On the same wall, writings such as nawa mkono ukinge jamii, wear a face mask, observe social distance, observe respiratory etiquette while sneezing or coughing were also written to persuade community members on the best practices during this time. Also standing out is a writing meant to address sexual and genders based violence during COVID-19 period which have gone through the roof within the past three months.
On a second wall, a calligraphy was erected with words #FindActivistNjau- an appeal to the public and government agencies’ efforts to address the recent disappearances of Activist Michael Njau alongside his two friends Adan Mohammed Saibu and Samuel Mungai.
On 1st May 2020, Defenders Coalition supported another team of local artists from Kibera to erect a mural on a wall located on one of the busiest street leading in and out of the slum area.
Here, the artists erected murals of two people going through their daily activities; the first one is pulling a mkokoteni while the second one is riding a bodaboda – a motorcycle taxi. Both people are wearing a face mask. Similar messages as those erected on branded walls in Maringo Estate were also written on this wall.
Prior to the wall painting, Defenders Coalition had supported women human rights defenders’ networks in the areas in efforts aimed at enhancing personal and public hygiene and respiratory etiquette during their work.
Defenders Coalition realizes that the effects of measures meant to mitigate COVID-19 are disproportionate between communities thus a need to sensitize them in a way that each community can relate to and act as required.
Human rights defenders, who are local leaders understand their communities well thus a pivotal point in determining the most appropriate way of packaging messages that communities can easily understand for action.
Defenders Coalition will continue to support human rights defenders’ creativity and innovativeness as they play the critical role of sensitizing community members, monitoring human rights violations and supporting the vulnerable to keep community members safe.
Twenty human rights organisations under the auspices of the Police Reforms Working Group have raised alarm following the disappearance of Michael Njau, Adan Mohammed Saibu and Samuel Mungai.
Reported missing on 24th April 2020 to Thika Police Station, the three men have been mysteriously missing for six days. The three were last seen in Thika town while driving back to Nairobi. They were driving in a car hire Silver Ractis registration number KCX 843M.
The car owner reported the matter at Githurai Kimbo Police Station on 26th April 2020 and Githurai Mwiki Police Station. The vehicle has since been moved to Thika Police Station for inspection where a missing person report was initially filed.
It has been close to a week since their families have reported their disappearance to the police. There has been no official information on the progress of the investigation. The twenty human rights organisations remind the law enforcement agencies of a number of cases of disappearances of human rights defenders. Michael Njau is an active community leader and member of the Kiamaiko Social Justice Centre.
Family, friends and human rights defenders are engaged in an active search for the three men. They have visited twenty-six police stations and twelve hospitals and morgues across Nairobi, Kiambu, Kajiado and Machakos in the last five days.
Every moment now counts. We acknowledge current efforts by the combined arms of the investigation, police and law enforcement agencies. We call on them to intensify their actions to ensure the safety and return of the three missing persons. We also call on the public to report any information to the local Police Station and 0716261113/0722926732.
Watch media coverage on their disappearance here https://www.youtube.com/watch?v=9i7VPxdq1Pc
This statement is endorsed by members of the Police Reforms Working Group, an alliance of several organisations
committed to professional and rule of law policing. They include the Social Justice Centres Working Group,
International Justice Mission, Independent Medical Legal Unit, Katiba Institute, Kenya Human Rights Commission,
Defenders Coalition, Haki Africa, Amnesty International Kenya, International Centre for Transitional Justice, The
Kenyan Section of International Commission of Jurists (ICJ Kenya), Usalama Reforms Forum, Federation of
International Women Lawyers (FIDA-K) Legal Resources Foundation, Transparency International Kenya, Shield For
Justice, Wangu Kanja Foundation, Peace Brigades International and Katiba Institute
CALL TO UPHOLD HUMAN RIGHTS AND CLASSIFY HUMAN RIGHTS MONITORING AND OVERSIGHT BY CONSTITUTIONAL AGENCIES AS ESSENTIAL SERVICE PROVIDERS
Defenders Coalition welcomes measures that the government is implementing to contain the spread of the Corona Virus. We are however concerned that the exclusion of critical human rights actors and state oversight institutions from this classification will likely undermine public trust in a process that lacks sufficient assurance and oversight over respect for fundamental human rights in the country during this difficult time.
Today, Friday 27 March 2020, Defenders Coalition received an alert on excessive use of force by police officers in Mombasa County. The same was covered by media houses pointing at excessive use of force by National police service officers to disperse members of the public at Likoni Ferry Crossing. The victims of this unfortunate incident were innocent Kenyans who were headed home to beat the set time for the curfew that was commencing today at 7.00 pm. The incident happened at around 6.00 pm
On March 25, 2020, The Presidency addressed the nation on a raft of measures that the government was putting in place to combat the spread of Coronavirus Disease COVID-19 in Kenya. Standing out among them is the nationwide curfew between 7pm to 5am to be observed by all citizens except select institutions and professions classified as essential service providers.
With the WHO database indicating over 509,164 cases worldwide as of 27th March 2020, majority being reported within the past few weeks, and Kenya’s own cases rising rapidly from 1 to 31 within 14 days. The COVID-19 pandemic could meet the restriction threshold on certain rights and freedoms. However, even in the event of such restrictions, human rights safeguards, sufficient oversight and accountability mechanisms must be put in place.
The constitution of Kenya and international human rights law, specifically the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights, which binds Kenya, guarantees everyone the right to the highest attainable standard of health and obligates governments to take steps to prevent threats to public health and to provide medical care to those who need it. The same law also recognizes that in the event of serious public health threats and public emergencies threatening the life of a nation, restrictions on some rights can be justified when they have a legal basis, are strictly necessary, based on scientific evidence and neither arbitrary nor discriminatory in application, of limited duration, respectful of human dignity, subject to review, and proportionate to achieve the objective.
Defenders Coalition is concerned on the measures being put in place for protection of at-risk populations. The government must realize that a broad-based curfew is difficult to impose and enforce uniformly, thus we fear that this measure might further expose these populations to a new murky depth of inequality, violations and marginalization. We call on the Government of Kenya to take into consideration the disproportionate impact on specific populations or marginalized groups as a result of the curfew.
We call for the classification of human rights organizations and other actors like the Law Society of Kenya (LSK), Kenya National Commission on Human Rights (KNCHR) and the Independent Police Oversight Commission (IPOA) as critical actors in the monitoring the implementation of government directives being implemented by state actors.
“By classifying these actors as essential service providers in the monitoring the implementation of government directives being implemented by state actors, that if not closely monitored may result to abuse of other fundamental human rights and freedoms. From today’s and previous experiences, this has proven the case,” says Kamau Ngugi, Executive Director, Defenders Coalition.
In addition to our call for their classification as essential service providers, we ask that they should be facilitated to respond to human rights violations unhindered.
Defenders Coalition
Emmanuel is a facilitator in the spirit of ensuring logistics and successes of Climb For Justice activities.
Emmanuel has successfully summited Point Lenana on Mount Kenya, Eburru Forest and Kudu hills.
Tafari is a photo journalist who uses art to to advance activism within communities in informal settlements in Nairobi.
He regularly covers Climb For Justice campaign through his talent and profession as a photographer. Tafari has successfully hiked Elephant Hill-Aberdares, Kudu Hills and Eburru Forest.
Njoroge is a human rights defender who works on duty bearer accountability and transparency in governance in Kenya.
Njoro has successfully hiked Kudu Hills and Eburru Forest.
Kamau Ngugi is a human rights defender and Executive Director at Defenders Coalition.
Kamau has successfully summited Mt. Longonot, William Hill, Elephant Hill- Aberdares, Lenana point on Mount Kenya, Kudu hills and Eburru Forest.
Patrick Kimanthi is a videographer and photojournalist who works to cover Climb For Justice Campiagn.
Patrick has successfully hiked Eburru Forest.
Apopo is a sports journalist and doubles as a human rights activist. He covers the campaign through mainstream media and tells the story to the world about the campaign and its purpose.