Helpline: 0716 200 100
To champion the safety, security and wellbeing of Human Rights Defenders.
FLD
Defenders Coalition has for the last two months been in a process to develop its next 6 years strategic plan. The new plan will not only give the strategy direction for the organization but also human rights defenders approach in executing its new programs.
The process of developing the new Strategic Plan is being spearheaded by Defenders Coalition, our service providers and human rights defenders drawn from various human rights sectors with the guidance of a lead consultant. The development and validation of the new SP is being undertaken. The final SP document will be shared with human rights defenders, partners and other actors after its launch at a date to be announced.
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:
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.
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:
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:
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.
PRESS STATEMENT
2nd May 2019
The Police Reforms Working Group-Kenya would like to strongly condemn the gruesome murders of Kamaindi Location Chief Japheph Mayau Mukengu and the Chuka Officer in Charge of Police tation Mr Joshua Kinyua.
According to media reports, Chief Mayau was hacked to death by angry locals from Kamaindi who allegedly accused him of killing his neighbor in 2018, detaining goats of a local after they had grazed on his farm and diverting water from the drying River Thuci to their land at the expense of those living downstream.
OCS Kinyua was in the company of twelve other police officers and had gone to effect the arrests of one of the suspects who they had traced at Ugweri trading center in Embu. The suspect raised an alarm attracting a crowd, forcing the police to shoot in the air. As the police dispersed the crowd, the suspect hacked Kinyua, who later succumbed to his injuries.
We call upon the National Police Service (NPS) and specifically the Directorate of Criminal Investigations (DCI), including the Independent Policing Oversight Authority (IPOA) to investigate the incident that also saw an alleged shooting to death of a resident by the police.
We acknowledge the swift response and action of the Government to deploy more security officers assist with maintaining law and order as these unfortunate incidents being investigated. In doing so, we call upon security personnel involved in the operations to work within the confines of the law and with respect to the 6th Schedule of the National Police Service Act 2011 on the use of force.
We strongly differ with the views of the Eastern Regional Commander Ms Eunice Kihiko who has allegedly condemned the entire community. We caution that her remarks may lead to collective punishment and unwarranted use of excessive force by the Police. No matter the justification, there should be other avenues of conflict resolution instead of attacking chiefs or police officers. There should be effective complaints and redress mechanisms that aggrieved civilians can use to channel their grievances and seek justice whenever they feel wronged by government officers and the police.
We call on the locals in Kamaindi to cooperate with and share any relevant information with security personnel investigating these unfortunate incidents.
…………………………………ENDS…………………………………
Signed by Members:
National Coalition of Human Rights Defenders Kenya (NCHRD-K)
Independent Medico-Legal Unit (IMLU)
Kenya Human Rights Commission (KHRC)
International Centre for Transitional Justice (ICTJ-K)
International Commission of Jurists –Kenya (ICJ-K)
Legal Resources Foundation (LRF)
International Jurists Mission (IJM)
Kenya National Commission on Human Rights (KNCHR)
Rights Promotion and Protection Centre (RPP)
Federation of Women Lawyers in Kenya (FIDA-K)
Coalition on Violence against Women (COVAW)
Kenyans For Peace, Truth and Justice (KPTJ)
Usalama Reforms
Amnesty International – Kenya
Transparency International – Kenya
Katiba Institute (KI)
Peace Brigade International (PBI)
The Institute for Social Accountability (TISA)