On Saturday, 14 September 2019  was an awesome day for human rights protection. 55 human rights defenders from Nakuru, Nairobi, Kiambu and Kajiado counties Climbed the Beautiful Mount Longonot. The climb was the first in a series of mountain Hikes under the #ClimbForJustice campaign to raise funds to set up a Rights Defenders Centre for wellness, research, creativity and training. All the climbers made it up to the top of My Longonot. This was achieved by determination and team-work by all the climbers. There were no reported accidents/injuries. We thank all comrades who cheered the climbers online and via phone calls.

30 Aug 2019
Nairobi,Kenya

DEFENDERS COALITION CONDEMNS THE ENFORCED DISAPPEARANCE AND KILLING OF HUMAN RIGHTS DEFENDER, ESTHER MWIKALI WAMBUA

The United Nations declared 30th August as the day that would be observed globally as International Day for Victims of Enforced Disappearances to raise awareness that enforced disappearance is a crime, should not be used as a tool to deal with conflict and as reminder about the victims and the impact that the disappearance have on the families and communities.

Sadly, the killing of Land Rights Activist Esther Mwikali (57) whose body was discovered on Tuesday 27 August 2019 dumped in a farm near her homestead, other human rights defenders and escalating extra-judicial killings is a reminder that this crime is routinely practiced in Kenya with impunity.

As we mark the International Day of Victims of Enforced Disappearances, the National Coalition of Human Rights Defenders – Kenya (Defenders Coalition) calls on relevant state agencies, more so the National Police Service and Office of Public Prosecutor to bring to an end the culture of enforced disappearances and extra- judicial killing that has creeped into regular policing and settling scores by non-state actors.

Enforced disappearances is a tactic used to subjugate people and put communities in fear and involves kidnapping individuals who speak out against oppression and other injustices. Human Rights Defenders (HRDs) in Kenya have been regular target of enforced disappearance, torture and other traumatising experience which has culminated into deaths. In February 2019 human rights defender Caroline Mwatha of Dandora Justice Centre was disappeared and later found dead. Some arrests were made and individuals charged. Human rights lawyer Willie Kimani together with his client Josephat Mwendwa and their taxi driver Joseph Muiruri were disappeared before their bodies were found dumped at Oldonyo Sabuk in June 2016.

Defenders Coalition strongly condemns the disappearance on Monday, 26th August 2019 and eventual killing of Esther Mwikali. The search party comprising of human rights defenders and local people from Murang’a county found her dead in a thicket. Her eyes had been gouged out and sticks inserted into her private parts. She was killed alongside another individual.

Mwikali was a renowned land rights human rights defender from Mithini, Makuyu, Murang’a County who led other community members to defend their ancestral land from being evicted from a piece of land that was claimed by local tycoons in the area.

Like other HRDs families, Esther and her family were subjected to threats from unknown people as a result of her work. Her community members who are squatters in the area have also been subjected to these threats.

NCHRD-K thus calls on:

1. The Inspector General of Police and the Director of Public Prosecutions to expedite the investigations of the brutal torture and killing of human rights defender Esther Mwikali and ensure those culpable face the full force of They must assure Kenyans through demonstrable action against the killers of Esther that the right to life is sacrosanct irrespective of social status in Kenya
2. The Director of Criminal Investigations and other relevant agencies to investigate on ownership of the contested land, threats to the leaders and members of the community to avert another killing and also assure the community of their
3. The National Land Commission to investigate and give a report on the ownership of land to manage conflict and ongoing violent evictions conducted by private individuals with
4. The Government of Kenya to bring an end to criminalization of individuals and groups in society that defend human rights, the constitution and rule of law in Kenya.

For more information or to arrange for interviews contact |Francis Ndegwa| francis@hrdcoalition.org|    0721443397    |    Communications    Officer    at    NCHRD-K| www.defenderscoalition.org|

Submitted on 18 July 2019 by:

National Coalition of Human Rights Defenders-Kenya and Defend Defenders (East and Horn of Africa Human Rights Defenders Project) 

Introduction

The National Coalition of Human Rights Defenders-Kenya (NCHRD-K), is a Kenyan CSO established in 2007. It works to strengthen the capacity of HRDs to work effectively and reduce their vulnerability to the risk of persecution, including by advocating for a favourable legal and policy environment in Kenya.

DefendDefenders (The East and Horn of Africa Human Rights Defenders Project) is a regional civil society organisation (CSO) established in 2005 and based in Kampala, Uganda. It seeks to strengthen the work of human rights defenders (HRDs) throughout the East and Horn of Africa sub-region by reducing their vulnerability to the risk of persecution and by enhancing their capacity to effectively defend human rights.

In this submission, DefendDefenders and NCHRD-K examine the Government of Kenya’s compliance with its international human rights obligations to create and maintain a safe and enabling environment for HRDs, including civil society. Specifically, we analyse the Government of Kenya’s fulfilment of the rights to freedom of association, peaceful assembly, and expression, and unwarranted restrictions on HRDs since the second cycle of the Universal Periodic Review (UPR) in 2015. To this end, we assess Kenya’s implementation of recommendations received during the second UPR cycle relating to these issues and provide a number of specific, action-orientated follow-up recommendations.

DOWNLOAD THE SUBMISSIONS HERE

June 2019

Nairobi Kenya

The National Coalition of Human Rights Defenders – Kenya (NCHRD-K) strongly condemn the recent threats to human rights defenders from the Ogiek People’s Development Program (OPDP) in Nakuru County. There has been death threats against Mr. Kobei, the Ogiek People’s Development Programme Director, two other colleagues from the community leaders and threats against the closure of the organization.

On May 26 2017, OPDP went to the African Court to petition the Ogiek case which had seen perpetrators want to pave way for an easy settlement in the Mau forest, ignore and ensure a non- implementation of their case. Following an eight year legal battle, this right was however affirmed by the decision of the African Court that has asserted community right to land.

The OPDP and its leadership has for many years received threats because of their active agitation of the land rights of indigenous Ogiek community living in the Mau Forest.. The recent threats started when despite delayed implementation of the decision, the Kenyan government set up a taskforce to receive views from various stakeholders to inform the implementing the court decision. OPDP mobilized its members who have articulated their claim to land right, plans for rehabilitation of the forest and recommended annulling of titles deeds issued to private citizens following excision of the forest.

The beneficiaries of the forest land have vowed to reverse this through various legal and extra-judicial strategies including threats and intimidation of Indigenous peoples rights activists.

The National Colaition of Human Rights Defenders-Kenya call on:

1. National Police Service and the Office of the Director of Criminal Investigations to investigate the threats reported by the Human Rights Defenders from the Ogiek Community.
2. The government of Kenya to investigate the destruction of property belonging to the Ogiek community that happened last week and hold the perpetrators into action.
3. The Kenya National Commission on Human Rights (KNCHR) to conduct thorough investigation to ongoing human rights violations of the Indigenous peoples living in the Mau and other forests in Kenya.

Signed:

Kamau Ngugi

Executive Director,
National Coalition of Human Rights Defenders – Kenya

For more information or to arrange for interviews contact |Francis Ndegwa| francis@hrdcoalition.org| 0721443397 | Communications Officer at NCHRD-K

19th June 2019

Nairobi, Kenya

The National Coalition of Human Rights Defenders – Kenya (NCHRD-K) strongly condemns the arrest of two Human Rights Defenders (HRDs), Davis Malombe and Julius Kamau, who were taking part in a peaceful demonstration, (#IAmTheSudanRevolution) in solidarity with the people of Sudan, calling an end to the mass atrocities being committed by the Sudanese Armed Forces and the Transitional Military Council (TMC) .The constitution of Kenya Article 37 clearly encourages the Rights and fundamental freedoms of assembly, and demonstration.

In the last one month, the people of Sudan have been subjected to brutal crackdowns on peaceful demonstrators, sexual violence for both women and men, media and internet shutdown amongst others. Human Rights Defenders and the public drawn from the most African and West African countries have come together to form the #Africans4Sudan movement to help lobby the governments and African and International Bodies to exert pressure on the Sudanese military to ensure a civilian led transitional authority established.

NCHRD-K is concerned with the growing disregard of notifications to demonstrate, by security agents in the country. On 14th June 2019, HRDs had notified the OCS central police station about the demonstration and requested for security. The arrest comes barely two months after the arrest of Kenyan Activist Beatrice Waithera on 30th April 2019 while participating in an anti-corruption protest in Nairobi. NCHRD-K is also concerned with the threats to curtail the freedom of association by the various government officials including through legislation.

We therefore call for:

1. The Inspector General of Police to unconditionally release the arrested human rights defenders.
2. The office of the attorney general to do an advisory to the government departments to uphold human rights and especially the Right to Freedom of Assembly.

Signed

Kamau Ngugi,
Executive Director, National Coalition of Human Rights Defenders Kenya

For more information or to arrange for interviews contact |Francis Ndegwa| francis@hrdcoalition.org| 0721443397 | Communications Officer at NCHRD-K

Although democratic and governance structures in Southern and East Africa unquestionably have transformed since the advent of multi-party democracy, true political inclusion remains an aspiration and not an achievement. This is evident from the increasing suppression by the State of civil and political rights such as the right to freedom of assembly and related rights to freedom of information and expression.

Moreover, more than ever we see in the region the importance of understanding the inter-sectional nature of rights violations, where those whose socio-economic rights are violated, also experience the violation of their civil and political rights. People who have no or limited access to socio-economic rights are usually denied their civil and political rights.
People living in poverty, for example, are usually arrested for protesting against the lack of water and sanitation; mineworkers, protesting economic ‘unfreedom’, are killed by police for ‘unlawful’ gatherings; students living in poverty are tear-gassed for demanding the right to education.

Read the full report here