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PRESS STATEMENT: POLICE BRUTALITY AGAINST KENYAN HUMAN RIGHTS ACTIVISTS ON THE RISE
NAIROBI, 21 May 2020
POLICE BRUTALITY AGAINST KENYAN HUMAN RIGHTS ACTIVISTS ON THE RISE
The Kenya police from Naivasha in Nakuru county have arrested and seriously assaulted two Land Rights Activists who have been involved in ongoing legal battles with private developers over encroachment of public space and closing off public access corridors to Lake Naivasha.
Private developers that include Hotels and Flower farms, own huge tracts of land along the shoreline and thus have closed off access roads to the lake affecting livelihoods of poor local communities that engage in fishing and tourism.
Community members from Karagita have, through the White Eagle Development CBO and Haki Jamii Rights Centre, petitioned the County Government of Nakuru to intervene and ensure reopening of the access corridors to the lake.
On Friday May 15, 2020, Kongoni Police Station OCS supervised the brutal beating and arrest of seven members when they protested dumping of garbage and blocking of one of the lake access roads that took place in the night of 14 May 2020 despite a court order prohibiting such action.
Two of the activists were brutally assaulted and injured by police officers during the arrest before being detained at a quarantine facility to allegedly “teach them a lesson”. The other five arrested members were briefly detained at the Naivasha central police station before being arraigned in court the same day.
The activists were detained for five days at Naivasha Girls Secondary School, a public health quarantine facility, before they were taken to court in Naivasha on 20th May where they were charged with several criminal offenses including incitement to violence, resisting arrest, assaulting a police officer while resisting arrest, creating disturbance in a manner likely to cause a breach of peace among others. They denied the charges.
The court has ordered their release on bail pending hearing of the multiple criminal charges preferred against them. The Court further ordered that the first accused, who suffered injuries following police beating during the arrest to access medical attention.
The OCS Naivasha Central and OCPD refused one of the activists (Paul) to record a complaint of assault on 21st May 2020 and refused to issue him with P3 Form which is required to access treatment at a public hospital and pursue justice.
Defenders Coalition condemns the persecution of the human rights defenders by law enforcement officials. The violence meted on the two officials and other aggrieved community members during the arrest, their detainment at medical quarantine and the charges preferred fall into a pattern of punitive actions directed at human rights defenders who demand justice, speak truth to power or question police misconduct.
Defenders Coalition demand that:
Defender Coalition
Wednesday, 4th March 2020
Submission to the Senate: Situation of Judicial Executions (EJEs) and Enforced Disappearances (EDs) in Kenya. Human Rights Defenders, Journalists and Whistle-blowers Working on EJEs
The Defenders Coalition, which is the national coalition of human rights defenders in Kenya has in the last 12 years been receiving cases of threats and reprisals against HRDs in Kenya.
The HRDs investigating, reporting and calling out the perpetrators, they have been met with glaring life threats, intimidation and evictions by landlords who collude with the trigger-happy cops.
The Coalition is worried that the HRDs who help victims of EJEs and EDs do not get state protection as the victims they assist
The Defenders Coalition has been in the forefront in offering protection to the HRDS through, medical and psychosocial support, legal support and also relocation services.
However, the cases continue to increase with increased number of killings, media interviews, release of investigative journalism pieces and dissemination of reports consolidated by HRDs on Extra Judicial Executions and Enforced Disappearances.
In 2020 alone, Defenders Coalition has responded to 5 cases of HRDs who have either been physically assaulted by the cops, threatened and others intimidated through trailing and arbitrary arrests.
Our asks to the committee:
I have no doubt in my mind that Covid-19 is a devastating disease. It is a pestilence of mass decimating capacity, comparable perhaps to the Spanish Influenza. The Government’s financial ability to deal with the emergency is undisputed. There is more than enough money to deal with the virus. I, however, have profound misgivings in the Government’s commitment in containing the pandemic.
The question is capacity, commitment, accountability and public trust. Does the Government have the savoir faire and wherewithal to save us? Who or what should we truly fear? It commenced with self-isolation and moved to forced quarantine. Then came the curfew and restrictions of movement. All these were undertaken without a legal framework or in disregard of the law. Covid-19 Rules and Regulations were hurriedly drawn and gazetted in a rushed attempt to cure the illegality of the Government’s actions after commencement of court action. Parliament was not consulted and when later consulted, rubberstamped without inquiry.
Today, the Covid-19 Emergency Response Committee mandated the IG of Police to do the unthinkable. The IG is to establish a containment camp for curfew violators. Should this be challenged in Court? Will the case be belittled as populist, insensitive and ignorant? Will the Court endorse the transgression because the Government is combating an emergency whose effects we do not know? Will it say that the Government knows what is best in the circumstances?
The penalty for violating a curfew is prescribed by law. It is a fine not exceeding ten thousand shillings or to imprisonment for a term not exceeding three months, or to both. Police subjected violators to corporal punishment on the first day of the curfew. Many were maimed, several died. The Court found in favour of the LSK on this issue. It however, did not hold the IG personally liable. Who else should be responsible for police overreach if not their Commander?
The hyena told the rock, “even if you don’t answer back, I know you have heard me.” Indulge me as I speak to you about containment camps. You may listen and respond. Even if you don’t, you would have heard me. There were concentration camps in NAZI Germany. At first, every patriotic German believed the camps were lawful because they did not target the Arian race. Martin Niemoller spoke about it in the end. He said, “First they came for the Communists and I did not speak out because I was not a Communist. Then they came for the Socialists and I did not speak out because I was not a Socialist. Then they came for the trade unionists and I did not speak out because I was not a trade unionist. Then they came for the Jews and I did not speak out because I was not a Jew. Then they came for me and there was no one left to speak out for me.” Command responsibility rested culpability for the holocaust both on political and military leaders.
In 1952, Sir Evelyn Baring declared a state of emergency in Kenya to contain the Mau Mau uprising. Sir Baring closed down Nairobi. Concentration camps were set up outside Nairobi, mainly in Central Kenya. Murder, imprisonment, torture and inhuman conditions defined the enforcement of the curfew then. These atrocities are yet to be remedied.
There have been more brutalities perpetuated in the name of concentration camps. The horrors of the Hola concentration camps are well document in history. The Wagalla massacre and many others are chronicled in the Truth Justice and Reconciliation Commission Report. Will there ever be reprieve?
One cannot know where he is going unless he remembers where he has come from. On 15th March, 2020, the IG was given power to decide the rights of arrested suspects. It took the intervention of the LSK to remedy the dereliction of duty and infraction of the Constitution. Many innocent people had suffered in the hands of police by the time the decision was reversed on 15th April, 2020.
The Emergency Response Committee has no power to mandate the IG to establish a containment camp for curfew violators. How can such a preposterous and unlawful idea even be contemplated in a constitutional democracy? A while back, the Cabinet Secretary in charge of Health declared that anyone found outside during curfew hours will be deemed to have been infected with Covid-19 and quarantined. Many have been so quarantined notwithstanding the illegality of the declaration. Victims of this action may have no reprieve if the Court decision on the curfew is anything to go by.
It is high time Kenyans started questioning the propriety of some of the measures taken in containing Covid-19. Parliament and the Judiciary are reluctant to intervene. While no one knows where the river comes from or where it goes, everyone knows when the river has broken its banks. It is then that one must run to higher ground. You are on your own, headed to Covid containment camps. The river has broken its banks
30 April 2020
Nairobi, Kenya
Report on the situation of Human Rights Defenders in Kenya in the wake of COVID -19: Violence, Impunity and Retrogress to police state
Following a declaration by the World Health Organization (WHO) on March 11 2020 on Corona virus disease as global pandemic, speed and nature of its spread, the government of Kenya has put in place a raft of measures to keep her citizens safe by curbing the spread of the virus. These measures include advising citizens to stay at home, corporates to minimize crowds at places of work, banning all public and social gatherings, implementing measures as advised by WHO and the a nationwide dusk to dawn curfew between 7pm to 5 am to be observed by all citizens except for a select institutions and professions classified as essential service providers that took effect on Friday 27th March 2020. This directive, consequently, omitted the recognition of fundamental oversight and watchdog institutions who play a critical role in monitoring the implementation of such directives.
The curfew directive has been the direct cause of numerous human rights violations. Majority of these violations, as you will see below, are cases perpetuated by police officers who are on a wave of using excessive force while enforcing the presidential directive. On the first day of the curfew (27th March) innocent and unarmed home-goers were brutalized, treated with indignity, whipped, battered, violently assembled- an action that was contrary of social distancing directive- and tear gassed even before clock of curfew time.. Horrific images and videos circulated in the media as Kenyans called on the government to bring to book the perpetrators and respect human rights. This incident happened in Mombasa where 16 people were injured as per data.
On the onset of a steady increase in confirmed cases of COVID-19 in Kenya, the government further announced even stringent and stiff measures to contain the spread of the virus. President Uhuru Kenyatta announced a 21-day partial lockdown (cessation of travel) at four counties (Nairobi, Mombasa, Kwale, Kilifi and Mandera on 24th April) that had indicated infection numbers going through the roof and therefore regarded as COVID-19 hotspots.
In his address that was televised on 6th April 2020, the President warned that “We must be ready to go even further if necessary.” Movement of food supplies and cargo was, however, to continue moving in and out of the partially locked down counties through road, rail and air.
Defenders Coalition has put together a report illustrating the impact of Covid-19 on human rights defenders in Kenya.
Read full report here
Photo Credits: Daily Nation
Cartoon artwork: @iGaddo
April 9,
Nairobi, Kenya
Women human rights defenders’ efforts against covid-19 bolstered
Defenders Coalition applauds the timely and critical responses that human rights defenders are taking within their communities to ensure awareness, adoption of the highest hygiene practices and upholding of human rights during this COVID-19 pandemic despite the numerous challenges they face while at it.
Women from Sengwer Indigenous Women during a soap making activity
Defenders Coalition supported women human rights defenders (WHRDs) networks’ efforts geared towards promoting personal hygiene and access to water for handwashing during COVID-19.
The networks that benefited from the support include Maringo Finest in Makadara, Magharibi Social Justice Center, Feminists for Peace, Human Rights & Justice Centre in Kibera, Turudi Nyumbani in Korogocho, Coalition for Grass-root Human Rights Defenders-Kenya in Mathare, Sengwer Indigenous Women, Nakuru Human Rights Network in Nakuru county, Faiya Women Group from Marsabit and Samburu Women Trust in Samburu.
Support at Coalition for Grass-root Human Rights Defenders-Kenya in Mathare
The support commenced by enhancing the capacities of the WHRDs in the networks on a sustainable model of self-soap production for household use and distribution amongst community members.
After their capacities were enhanced, the women would then scale up the support by transferring the skills to their constituents.
Women from Feminists for Peace, Human Rights & Justice Centre in Kibera duing a soap making demonstration
Some networks also received support to acquire water tanks for setting up public hand washing stations within their communities.
Moreover, the WHRDs were provided with personal protective equipment (PPEs) for personal and loved ones’ safety against corona virus disease while monitoring human rights violations within their communities.
Following the support, the networks are actively engaged in making soap that they distribute door to door or have placed on public handwashing stations within their communities.
You can support these initiatives through sending donations via
Mpesa Paybill Number: 810896
Account: COVID-19 HRD Support Fund
NCBA Bank Account Number: 1001188727
Account Name: National Coalition of Human Rights Defenders – Kenya.
Packaged soap ready for distribution in Maringo
16 March 2020
Nairobi, Kenya
Climb For Justice second hike in 2020 held, other campaign activities suspended due to covid-19
The second activity of Phase II of Climb for Justice Campaign got underway on 14 March 2020 in Eburru Forest in Nakuru County.
Bracing the scorching sun, twenty-one Kenyans hiked a 21 kilometer trail path of the scenic Eburru Forest which led to a spectacular summit in the form of a waterfall!
The twenty-one hikers bring the number to 444 – the total number of climbers that have so far participated in the initiative directly through regular hiking.
The campaign which was launched in August 2019 aims to not only raise funds for setting up a centre for human rights defenders in Kenya but also celebrate human rights and social justice champions on the frontline doing the work of defending human rights in Kenya and beyond.
The facility will offer services such as safety, security, training, research and general wellness to human rights defenders and civil society groups.
The initiative by Defenders Coalition aims to give Kenyans and friends of Kenya an opportunity to lend a hand in championing for human rights and social justice.
The initiative has so far raised 10 Million out of its target of 50 Million shillings.
The critical aspect of the campaign this year is to raise a deficit of Kshs. 40 Million that it had fallen short in 2019 after mobilizing funds up to a tune of Kshs. 10 Million from local philanthropy.
Speaking during the hike, Defenders Coalition’s Executive Director Mr. Kamau Ngugi appealed for Kenyans and friends of Kenya to join hands and contribute towards the initiative.
“This second phase will attempt to raise the deficit of the Kshs. 50 Million target through local philanthropy. We appeal to Kenyans to contribute to the cause because the dream is about a just society for all Kenyans,” adds Mr Ngugi.
The first phase of the activities culminated to summiting of Lenana Peak on Mount Kenya on Jamhuri Day, with 28 climbers making it to 4985 meters above sea level.
The second phase aims to expand the campaign to East Africa and purposes to be culminated by summiting the tallest mountain in Africa- Mount Kilimanjaro in Tanzania- later in the year.
The campaign activities have been suspended due to COVID-19 pandemic and will resume once the Government of Kenya lifts its measures aimed at containing the pandemic or gives members of the public a green light on the conduct of social activities and public gatherings.
You can support #ClimbForJustice Campaign through sending donations via
Mpesa Paybill Number: 810896
Account: Your name
NCBA Bank Account Number: 1001188727
Account Name: National Coalition of Human Rights Defenders – Kenya.
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