ANNUAL REPORT 2023: HIGHLIGHTS OF OUR IMPACT AND ACHIEVEMENTS

In the face of mounting challenges to democracy and civil liberties, 2023 was a pivotal year for human rights defenders in Kenya. The Defenders Coalition witnessed the impact of sustained attacks on the civic space, which manifested in unlawful restrictions on fundamental rights such as the right to protest, associate, and engage with the government. However, amidst these adversities, we also witnessed remarkable resilience and progress in the fight for justice and accountability.

Some of the consequences of unchecked assaults on the civic space took the form of a surge in abuse of power, corruption, and disregard for the rule of law. These factors compounded the risks faced by human rights defenders across the country. Despite these challenges, the Defenders Coalition remained steadfast in its belief that concerted efforts could reverse these dangerous trends.
Throughout the year, human rights defenders from diverse backgrounds came together in powerful coalitions and networks to advocate for change. Whether advocating for ecological justice, minority rights, social justice, or good governance, defenders united under international human rights laws and systems and their voice resonated loudly, challenging complacency and demanding accountability from those in power.

In September 2023, hundreds of human rights defenders protested the government’s inaction on climate change’s impact and its impact on the safety of environmental defenders. Part of this vigilance was robust pursuit of a petition in court on rights of sexual minorities and marginalized groups. Their advocacy yielded significant wins, including affirmations of LGBTQ+ rights and legal accountability for alleged perpetrators of extrajudicial killings.

Further, precedent-setting rulings, such as the case involving environmental rights defender Joel Ogada, a human rights defender who has faced several persecutions because of his stand against the incursion into his farm and those of other farmers at Kanagoni area in Malindi by a Salt Company. Among the challenges that he has faced are multiple criminal and civil cases engineered against him, which is a form of harassment, intimidation and tactic to subdue him. In one of the cases he was sentenced to 7 years in prison for alleged arson of property of the Kurawa Salt company, which was reduced to 2 years when Defenders Coalition appealed the sentence. When he served time, his family
home and food crops were destroyed. This case underscored the importance of judicial protection for defenders facing persecution.

Reflecting on these victories, we recognize four key factors that contributed to our success: the tireless work of human rights defenders who protested bad governance and advocated for the implementation of the 2010 constitution, the collaboration with networks of like-minded peer organizations, the strategic leveraging of international human rights mechanisms and lastly, the sovereignty of the Constitution of Kenya. As we celebrated milestones such as the 75th anniversary of the Universal Declaration of Human Rights and the 25th anniversary of the Declaration on Human Rights Defenders, we reaffirmed the integral role of defenders in realizing human rights.
As the Defenders Coalition commemorates its 16th anniversary of excellence, professionalism and utmost reliability to the needs of human rights defenders, the need to support human rights defenders has never been greater. Our strategic plan emphasizes the importance of empowering rights holders, collaborating with partners, and embracing innovation to address evolving challenges effectively as well as seeking the full implementation of the CoK 2010.

We sincerely thank human rights defenders, partners, donors, and stakeholders for their unwavering support. Let us stand in Solidarity with defenders, recognizing their invaluable contributions to advancing human rights in Kenya and beyond.

This annual report provides a comprehensive overview of our work and impact. Let us reaffirm our commitment to upholding human rights and supporting those who defend them, for they drive our collective pursuit of justice and equality.

Read Full Report Here

On todays installment of “Persecution Will Not Silence Us”, we learn of the inspiring story the impact the Defenders Coalition has had on Marcus Gavi, a Final Year Law student at the University of Nairobi who has in the past faced several fictitious charges of unlawful assembly. His story is one of resilience and sacrifice and a reminder that being a HRD comes with great risk but we should never give up.

The Story of Marcus Gavi

In the eighth story of “Persecution Will Not Silence Us,” we meet Kelvin Yusuf, a dedicated Human Rights Defender (HRD) whose unwavering commitment to justice has placed him in the crosshairs of oppressive tactics. Despite the numerous challenges he faces, including arbitrary arrests, Kelvin remains resolute. These arrests are often wielded as tools of intimidation, aimed at silencing HRDs like Kelvin who dare to speak out against injustice. His story is not just about the personal trials he endures, but a broader narrative of resilience and the relentless pursuit of justice in the face of systemic oppression.

Through Kelvin’s story, we gain a deeper understanding of the daily struggles faced by HRDs worldwide. His resilience underscores the importance of continued support for those who risk their lives to defend the rights of others. Kelvin’s narrative is a testament to the enduring spirit of those who, despite facing great adversity, remain steadfast in their mission to uphold justice and human dignity.

The Story of Kelvin Yusuf

FOR IMMEDIATE PRESS RELEASE

NAIROBI, Kenya, July 22nd 2024 – The PBOs Regulatory Authority Must Act within the Law

Civic Freedoms Forum (CFF) through its members are concerned with the statement released by PBORA. While the PBORA has the authority to institute investigations against any PBO, PBO Act provides that it should act independently and without direction from any agency. Seeing PBORA act on state allegations and direct attack on civil society and based on smear campaign by the Executive is a worrying trend.
We are also shocked at the illegal directive that all organizations engaging in public must either seek PBO status or register with the Authority. We want to emphasize that the PBO Act does not make it compulsory for those charities registered in other regimes to seek PBO status or register under the Act – it is purely voluntary.
It is also surprising how the current Board of the Authority has continued to be in office while paragraph 1 of Third Schedule provides that the Cabinet Secretary ought to have declared the seats vacant and call for applications. This means that the Board continue to be in office illegally and therefore their actions void and null.
The call by the Authority against unregistered CSOs is not only unconstitutional but also based on ignorance. The Freedom of Association provided under Article 36 of the Constitution and international laws which Kenya is a signatory envisions both registered and unregistered entities. The Authority cannot purport to suspend parts of the Constitution to please the Executive.
We would also want to remind the Authority that they may not purport to be implementing the PBO Act without Regulations to guide those actions and interventions.

We call upon the Authority to:

1. Host the PBO Act and PBORA under ministry responsible for planning and national development as prescribed by the Act
2. Publish the draft regulations for public engagement
3. Establish the PBOs Dispute Tribunal to ensure that all excesses of the Authority can be reviewed
4. Halt illegal and partial implementation of the PBO Act
5. Establish the Joint Committee of 15 members as provided by the PBO Act to allow for oversight towards implementation of the principles of collaborative partnerships.

Signed by
1 ARTICLE 19 Eastern Africa
2 Constitution and Reform Education Consortium – CRECO
3 Defenders Coalition
4 Independent Medico-Legal Unit – IMLU
5 InformAction TV
6 Initiative for Inclusive Empowerment – IIE
7 Kenya Human Rights Commission – KHRC
8 Muslims for Human Rights – MUHURI
9 Partnerships 4 Empowerment and Networking in Kenya (PEN
KENYA)
10 Inuka Kenya Ni Sisi!

“Haki” celebrates the champions of equality and inclusion in Kenya. From fighting against gender marginalization to breaking gender barriers, Florence Diba is paving the way for a more equitable society. In a world where women and children often face systemic discrimination, Florence’s efforts are creating meaningful change. Her work inspires others to stand up and demand their rights, fostering a culture of empowerment and justice.

The Story of Florence Diba

Read Here

Dear Partner, Colleague and Comrade,

STATEMENT 17 JULY 2024.

Call for the Competitive Recruitment of the next Inspector General

The Police Reforms Working Group (PRWG-K) acknowledges the resignation of the Inspector General of the National Police Service, Japhet Koome, amid the several cases of deaths, serious injuries and abductions in the context of the protests that began as Anti-Finance Bill protests. These protests were marked by several cases of human rights violations by the National Police Service (NPS), including extra-judicial killings, abductions, torture and other ill- treatment, and arbitrary arrests.
In November 2022, following his nomination, the PRWG-K submitted a detailed memorandum opposing the appointment of Former IG Japhet Koome, citing concerns about his integrity and accountability during his time as Nairobi County Commander. These concerns were ignored, and Parliament proceeded to appoint him based on the nomination of President William Ruto.

As the process of appointing the next Police Inspector General begins, it is important to note that Kenya’s struggle for democracy, the rule of law, and human rights has been marred by gross human rights violations. It was the violations highlighted in the Philip Waki Report on Post-Elections Violence and the Philip Ransley Report on Police Reforms which led to the current policing framework under the Constitution of Kenya 2010.

The Waki and Ransley reports and the Constitution advocated for democratic policing focused on community engagement, accountability, professionalism, and human rights. As part of the reforms introduced after 2010, several institutions were established. The National Police Service Commission (NPSC) was established to handle human resources issues and exercise disciplinary control over members of the NPS. The Office of the Inspector General of the NPS was created to lead the Service with an Internal Affairs Unit to receive and investigate complaints and disciplinary matters against the police. The Kenya Police Service and Administration Police Service were made independent, and the Independent Policing Oversight Authority was formed to provide civilian oversight by and investigate serious complaints against police officers.

Initially, Section 12 of the National Police Act mandated the NPSC to competitively advertise, shortlist, interview, recruit the Inspector General following parliamentary vetting. The 2014 Security Laws Amendment Act altered this process, giving the President sole authority to nominate the IG for parliamentary vetting, bypassing the NPSC. The amendments also changed the procedure for the removal of the IG-NPS, leaving the President with little power in law to remove the Inspector-General from office.
This change continues to undermine police independence, accountability and the spirit of the constitution. It has fueled widespread and systemic police corruption, extortion, criminality, widespread human rights violations and lack of public accountability. The Maraga National Taskforce on Police Welfare and Reforms whose report has been submitted to the President recommends the reinstatement of competitive recruitment processes for the IG, Directors of Internal Affairs and Criminal Investigations, and Deputy Inspector Generals of KPS and AP.

We call on His Excellency Dr William Samoei Ruto to act on this recommendation and competitively recruit for the next IG and restore NPSC’s role in recruiting all senior police officers. As provided for under Article 245 (2a and b), the appointment of a progressive Inspector General who will exercise independent command over the National Police Service and perform any other functions prescribed by national legislation remains in the public interest.

The appointee must meet the key qualifications enshrined in section 11 of the National Police Service Act. These include being a citizen of Kenya, holding a degree from a university recognised in Kenya; demonstrated distinction in their career; meeting the requirements of Chapter Six of the Constitution; having served in a senior management position for at least fifteen years and has knowledge and experience in matters relating to any of the following disciplines; criminal justice; policy development and implementation; finance and public administration; strategic management; security; law; sociology; or Government. In line with these key qualifications, we urge the President to strongly also consider competitively appointing a civilian to head the National Police Service.

Accountability for human right violations committed by police officers
The lack of accountability and the belief that their superiors will protect them emboldens police officers to use unlawful force against protesters and members of the public. To break this cycle, superiors must be held criminally liable in line with the principle of command responsibility, especially where the violations committed satisfy the threshold of international crimes under the International Crimes Act (2008). The Baby Pendo case, where a 6-month-old baby was fatally assaulted during a police operation to counter-protests that took place following the release of the results of the 2017 presidential election, is a case in point.

After an inquest, the Office of the Director of Public Prosecutions (ODPP) in 2022 charged 12 senior officers pursuant to the International Crimes Act under the principle of command responsibility. This marks the first time a crime against humanity case has been brought to Kenyan national courts. It is the first case that investigates a crime committed in the context of policing protests under the principle of command responsibility. Tragically, similar incidents have been repeated in the 2023 and 2024 protests, with reports of police officers unlawfully using firearms against protesters.

We maintain that even when the violations do not meet the threshold of international crimes, prompt, independent, transparent, effective, and thorough investigations must still be conducted to identify individual perpetrators and hold them criminally accountable. Cooperation by the National Police Service with investigative authorities is particularly crucial. The Presidential nomination of the next Inspector General will either raise the bar for professional and human rights-based policing or lower it even further.
We strongly urge the Office of the Director of Public Prosecutions (ODPP), the Director of Criminal Investigations (DCI), and the Independent Policing Oversight Authority (IPOA) to adhere to their mandates and urgently investigate and prosecute police officers and their commanders who have violated Kenyans’ rights during the ongoing protests. It remains a matter of public concern that no single officer, as yet, has been arrested for the arbitrary arrests, abductions or unlawful killing of Kenyans in recent weeks.

Signed:
This statement is signed by the Civic Freedoms Forum (CFF) and Police Reforms Working Group-Kenya, (PRWG-K) an alliance of national and grassroots organizations committed to professional, accountable, and human rights-compliant policing. The members of the PRWG include: Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Amnesty International Kenya, Women Empowerment Link, Social Welfare Development Program (SOWED), Kenya Human Rights Commission (KHRC), Federation of Women Lawyers (FIDA- Kenya), International Centre for Transitional Justice (ICTJ – Kenya), Transparency International Kenya, Shield For justice, Wangu Kanja Foundation, Constitution and Reform Education Consortium (CRECO), Kenyans for Peace, Truth and Justice (KPTJ), Peace Brigades International Kenya. (PBI Kenya).

In “Haki,” we delve into the empowering journey of Hasna Abdi, a remarkable advocate who refuses to be silenced over the pervasive notion that disabled children are cursed. Through her unwavering advocacy and relentless activism, Hasna Abdi challenges societal misconceptions and fights against the stigmatization of disability. Her inspiring story is a beacon of hope and courage, motivating us all to speak up for what is right and just. Her efforts not only uplift the voices of marginalized communities but also highlight the importance of inclusivity and acceptance in our society. Join us in the #HakiSeries as we celebrate the extraordinary impact of Hasna Abdi and her commitment to making a difference.

The Story of Hasna Abdi

“Haki” isn’t just a comic series—it’s a powerful call to action. It invites each of us to stand in solidarity with human rights defenders across Kenya, who dedicate their lives to creating a more just and equitable society.

We spotlight the inspiring journey of Vero Nyar Vihiga, a relentless advocate for justice and equality. Her unwavering commitment and courage in the face of adversity embody the very essence of what it means to be a human rights defender. Through her story, we see the profound impact that one person can have on their community and beyond.

The “Haki” series serves as both a tribute to these brave individuals and a rallying cry for everyone who believes in the power of unity and action. It reminds us that change is possible when we come together with a common purpose and a shared vision for a better world.

Download here: The Story of Vero Nyar Vihiga

As the “Haki” series unfolds, we witness the transformative power of solidarity and collective action through the inspiring story of David Ras, a dedicated photographer in Dandora. David’s journey highlights the resilience and determination of those who fight for justice and human rights in challenging circumstances.

Through his lens, David captures the struggles and triumphs of his community, shedding light on the issues that often go unnoticed. His work serves as a powerful reminder that the fight for human rights is not just an individual effort but a collective endeavor that requires the support and involvement of all.

By uniting our efforts, we can amplify the voices of human rights defenders like David and drive meaningful, lasting change in Kenya and beyond. The “Haki” series underscores the importance of standing together in solidarity, advocating for justice, and ensuring that every voice is heard.

Join us in supporting the cause and spreading awareness about the crucial work being done by human rights defenders. Together, we can create a more just and equitable society.

Download here:  The Story of David Ras (1)