NAIROBI,

05 MAY 2017

“The National Coalition of Human Rights Defenders – Kenya (NCHRD-K) welcomes the judgment entered, on 4th may 2017, by the High Court in Nairobi granting Ms. Lucy Hannan a two year work permit as she finalizes her application for citizenship. Justice Isaac Lenaola ruled that the decision by the government not to renew Ms. Hannan’s work permit in 2013 was unprocedural and in violation of the Constitution.

This positive decision comes after a protracted four year court battle where Lucy Hannan, a British journalist and human rights defender who has been resident in Kenya since 1988, sued the State in December 2013 for refusing to renew her work permit on grounds that she was a “subversive”, a ‘threat to national security’and ordered she be removed from the country.

“At a time when the prevailing environment for human rights defenders in Kenya can only be described as volatile, the judicial system remains an instrument of intimidation of HRDs. Therefore, this ruling inspires a level of confidence in the independence of the judiciary in ensuring justice for human rights defenders. ” Says Kamau Ngugi, Executive Director of the NCHRD-K.

The position of the NCHRD-K is reaffirmed by the findings of a report released on 3 May 2017, KENYA: 2017 Elections: Broken Promises put Human Rights Defenders at Risk, after a fact finding mission by the Observatory for the Protection of Human Rights Defenders, that human rights defenders in Kenya are often criminalized on the basis of trumped-up charges, which aim at intimidating them through episodes of frequent arrests, detentions in police stations, long trials and punitive bail and bond terms. This inevitably prevents them from pursuing their legitimate human rights activities.

Lucy Hannan with Main Kiai, the immediate former UN Special Rapporteur on the Rights to Freedom of peaceful Assembly and Association, established a human rights institution, InformAction in 2009 and have been instrumental in driving community discussions to encourage ordinary citizens to speak out and take action against human rights violations. The organization has empowered hundreds of thousands of Kenyans in rural and marginalized areas using mobile human rights clinics. Consequently, they have received numerous threats, both online and offline since 2013.

The NCHRD-K:
1. States that the work of human rights defenders is essential in upholding democracy and the
rule of law and this can only be achieved by ensuring a safe and enabling environment for human rights defenders to work.
2. Calls upon the State to support the work of human rights defenders and put in place mechanisms that will ensure the protection of human rights defenders from harassment, intimidation, threats and attacks.

For additional information contact Kamau Ngugi on dkngugi@hrdcoalition.org or Yvonne Wamari yvonne@hrdcoalition.org

Signed,
KAMAU NGUGI
Executive Director, National Coalition of Human Rights Defenders – Kenya”

EXECUTIVE SUMMARY
Findings of the Report
Several key issues emerge in the report. First, since 2003, the legal, policy and administrative space
for HRDs in Kenya has deteriorated. An increasingly antagonistic relationship between civil society
and government has prevailed, triggered by among other things Civil Society Organisations’ (CSOs)
advocacy in favour of the Kenyan cases before the International Criminal Court (ICC) and CSOs’
demands for respect for rule of law in security operations.

Second, as a result of CSOs and HRDs advocacy activities, the State has pursued retrogressive measures that curtail the work of HRDs and CSOs through the enactment of laws that criminalize their work.Legislation such as the Security Laws (Amendment) Act (SLAA) 1 and attempts to amend the Public Benefit Organisations Act2 before it comes into force, points to the State’s determination to control the operation of CSOs in Kenya.

Third, the media, including social media, has also borne a heavy burden of restrictive laws such as the SLAA, the Kenya Information and Communication (Amendment) Act, and the Media Council Act4 .

Fourth, physical attacks, killings, and intimidation of HRDs, allegedly committed by state and nonstate
agencies, have also been on the rise.

Finally, HRDs at the grassroots level also face challenges while championing for among others, accountability, respect for discriminated and marginalised groups and land rights within their localities. They have been harassed by local administrators and other private actors and in some cases they have faced what appear to be false charges aimed at intimidating them into silence. Due to the remoteness of their areas of operations, issues affecting local HRDs are not given national media attention. These trends notwithstanding, HRDs have remained unbowed and have spared no opportunity in appropriate cases to approach the courts to vindicate their rights.
Since the promulgation of the Constitution of Kenya in August 2010, several landmark judgements, relevant to the work of HRDs, have been delivered by the courts and in most cases, the courts have rendered decisions that uphold human rights. However, the prevailing state of conflict between HRDs and the State is no longer tenable and needs to be urgently addressed by all stakeholders.

In particular, the Government needs to demonstrate its commitment to uphold the human rights of
every citizen, including HRDs, and take necessary measures to enhance the social, political, legal, policy and administrative environment for HRDs in Kenya. This duty is in line with government human rights obligations as enshrined in the Constitution, international human rights treaties and regional conventions ratified by Kenya and the UN Declaration on the Right and Responsibility of Individuals Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms commonly known as the UN Declaration on Human Rights Defenders.

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Michael’s passion to join human rights work was driven by the need to see the youth take charge in the advancement of a better society. He works closely with the community empowering the young women and girls on health rights and also advocates for justice for victims of historical land injustices.

His greatest achievement was being part of a team that successfully advocated for the closure of Kenya Metal refinery,  a smelting plant whose emissions led to lead poisoning of the surrounding community. is came with threats from various actors.

Ishmael started his human rights work in 2004 when he initiated a kitty for LGBTI individuals from where they could access funds to assist each other when they were faced with challenges. This initiative led to the birth of Mombasa Brotherhood in 2006 that later grew into the current PEMA Kenya in 2008, a local organization that deals with the rights of LGBTI persons in the coastal region of Kenya.

His inspiration to join the human rights work was the numerous attacks of LGBTI persons in the area and his personal experiences.His greatest achievement is the establishment of an LGBTI movement in that works with religious leaders to champion for rights of the LGBTI community and to help Queer Muslims reconcile their Islam and sexual identities. He has also taken many budding HRDs under his wing offering them mentorship.

He was recently awarded the best Community Mobilizer for the Muslim Community by The Inner Circle, A Muslim Human Rights Organisation based in Cape Town, South Africa.Advocating for LGBTI rights in the Coast region, predominantly Muslim and highly homophobic community, has left him vulnerable to threats and forced evictions. His courage, determination, passion and hope have enabled him to overcome these challenges.

“It is my joy whenever I see the little drops of
my effort creating a ripple in the still waters of the ocean,” Ishamel

Chacha is a husband, a father and an advocate of the high court of Kenya admitted into the bar in 2001. He started his human rights work in 2006 by participating in free legal aid clinics in prisons courtesy of the Legal Resources Foundation. He also works closely with CSOs by providing legal support and relocation of displaced persons under risk after the post-election violence of 2007/8.

He focuses on access to justice for people living with HIV who were stigmatized at their places of work, victims of torture, extra judicial executions and enforced disappearances and excesses in combating terrorism.His successes include offering probono legal assistance to the indigent and the advocacy work he has done in fostering cordial relations between the suspected terrorists and the administrators of both Kamiti maximum prison and Shimo la Tewa Prison.

His work on counter terrorism carry many risks including physical and digital surveillance,threats and his home broken into.He was inspired to join human rights work as a student of history and the realization that the enjoyment of fundamental rights result of sacrifices by HRDs all over the world.

“Furqan is an Arabic name meaning that which distinguishes right from wrong…
darkness from light, I believe in this,” Chacha Mwita

Brizan Were is a HRD from Lodwar with a passion to see the members of his community and beyond acknowledge and tolerate Diversity affecting minority groups. He started his human rights work in 2007 and is the founder of a local human right advocacy group, registered as a CBO. He is also a cancer warrior.

He has achieved many successes in his line of work, including the establishment of a DROP-IN center for the marginalized members in his community in northern Kenya. Introduced writing competitions for secondary schools on human rights and even pioneered formation of Human Rights Clubs. His human rights work has not been without challenges. He is operates in a hardship area with limited resources and medical supplies. Through strategic partnerships with various stakeholders, he has managed to overcome his challenges.

“I strongly believe that discrimination and hate are all same irrespective of
the perpetrator. The day all the oppressed people will realize we share same
and common pain the world will be a better place,” Brizan

Jaqueline is a Kenyan woman and a survivor of sexual assault during the 2007/2008 post-election violence. As a result she conceived and has an eight year old daughter. Her ordeal inspired her to start helping women and children who had gone through sexual and gender based violence during that time and beyond. One notable success is that through her human rights work one survivor has fully recovered, is back in school and assists her with her advocacy activities, to support other women come forward and others come to terms with their situations and accept their children.

Focus on her vision, which is to get reparations for the survivors, has kept her going despite the challenges she faces, including lack of funding to advance her human rights work. She believes she is deserving of the award because any work is worthy of reward or benefit. She has used her experience to advocate for the justice and reparations survivors of SGBV and of children conceived out of rape.

Concerned with the handling of rape cases in Mandera County, Habiba started her human rights work as volunteer Human rights Activist 18 years ago advocating for women’s rights. She started her organization, Habiba International, in 2005 which advocates for Women Rights, Girl Child education, improved livelihoods specically access to water, Youth Aairs covering Wajir, Mandera and Garissa Counties.

Habiba managed to complete her studies despite being forced to drop out of school to be married o at a young age. From her experience, she has worked tirelessly and ensured justice for victims of Sexual and gender based violence. She has been faced with challenges particularly the hostile environment due to the culture and religion. She has thus developed a module of working with the community which places her in a safe place as she carries out her human rights work.

Paul rans a small cyber cafe along River Road and is also a hawker. He got interest in human rights during the multiparty politics of 1990s but started his human rights defense work in 2009 when he started reporting cases of extra judicial executions to various national human rights organizations.

Following arbitrary arrests, physical assault, malicious prosecutions and executions of hawkers by county askaris in Nairobi, in 2011, he actively started championing for hawkers rights. His most outstanding achievement is his documentation of the plight of hawkers which led to the arrest and prosecution of County askaris who were responsible for summarily executing hawkers.

This has put him in the lime light consequently facing threats from County askaris. He has also faced trauma as a result of the loss of close friends. He overcomes the challenges through sharing with friends and partner organisations where he gets the direction on the way to move.

Anne is a mother to three daughters and a teacher who loves human rights. She has been a HRD for the last 16 years having started her human rights work within her profession as a teacher. Her focus is on girl child rights especially right to education and advocating against harmful cultural practices.

Her greatest achievement is her continued work in rescuing girls from early marriage and harmful cultural practices and getting them back to school. In a patriarchal pastoralist society, speaking against violation of girls has not been without its challenges. She has been negatively proled, excommunicated from church and physically assaulted. Having good friends who support her and a network of partner organisations has helped her deal with the challenges.