1 July 2024: Six national associations of content creators, journalists, lawyers, medical practitioners, and human rights defenders issue this statement to pronounce our stand on the current state of human rights in the country, clarify our position on the call for policy dialogue, and suggest what we think is the way out of Kenya’s current crisis.

As of last night, 24 human beings had been killed by police officers, and at least 361 people have reported several injuries. One of the youngest fatalities is twelve-year-old Kennedy Onyango (12). There have been 627 arrests and 32 abductions. Abduction and detention differ from an arrest. Many of those abducted by state officers were not read the charges against them or booked into a police station. Tens have been held incommunicado and denied access to their families, legal representation and medical assistance.

The last two weeks have been very stressful for our staff. Medical personnel have come under fire, arrested by state officers and had their patient lists stolen from mobile emergency centres serving the injured. Lawyers have been denied access to their clients, arrested, and intimidated by officers of the state to drop cases. Journalists covering the protests have had their cameras confiscated, arrested and beaten in broad daylight. Staff operating helplines and funds set up to support legal representation and medical assistance have faced several experiences.

We note the State House’s announcement of a multi-sectoral conversation to address policy issues raised by the Youth for Kenya (Gen Z) protest movement. Youth for Kenya (Gen Z) has clearly spoken on the urgent need for the state to arrest public theft and a bloated cabinet, invest in essential services, act on those who fired upon unarmed protestors, release those arbitrarily arrested and put an end to extrajudicial killings among other demands. Many of their demands, in our view, do not require policy dialogue but decisive executive action.

Decisive executive action, not a state-led national conversation, will restore this generation’s faith in the Kenyan state. It will restore confidence in our constitution and governance institutions and create a nation united and driven by our constitutional values. We call on the national administration and 47 county administrations to listen to and act on Gen Z’s considerations and demands. Numerically, they represent the majority of Kenyans and those with the greatest stake in re-directing the current crisis to a more hopeful future for us all.

We end by reaffirming our role to protect all the rights and freedoms in our constitution without fear or favour. We ask that the Kenyan authorities respect our mandates and stop the harassment of our staff and the interruption of legal, medical and other public services. Security officers must cease the attacks on emergency medical centres and medical personnel. The Government must provide necessary supplies, including ambulances, and guarantee the safety of caregivers during the planned protests for this week. Further, the state must meet the medical costs of the injured. The government’s constitutional duty is to provide health services to all, including protestors.

The National Police Service must stop criminalising protestors and cease using camouflaged, non-uniformed officers and unmarked cars with concealed license plates. We ask that the police and military strictly operate within the constitution and our bill of rights during the protests called for this week.

Signed by the Kenya Medical Association, Bloggers Association of Kenya, Law Society of Kenya, Kenya Union of Journalists, Medics for Kenya and the Police Reforms Working Group, a coalition of 21 organisations including the Kenya Section of the International Commission of Jurists, Independent Medical and Legal Unit, Kenya Human Rights Commission, Defenders Coalition and Amnesty International Kenya

June 27, 2024, Nairobi, Kenya—The Finance Bill, 2024, aimed to raise taxes on various items and services, sparking significant opposition due to its punitive nature. Various sectors presented their objections to the Finance and National Planning Committee, but government- allied MPs dismissed these concerns, insisting the bill would pass unchanged.

As public outrage intensified, some proposed taxes were removed from the bill. Young Kenyans turned to social media to organize efforts to prevent the bill from becoming law. This online movement quickly evolved into large, peaceful street protests nationwide, starting on June 18, urging MPs to reject the bill. Subsequent protests increased the pressure on the regime to abandon the bill.

Nevertheless, MPs passed it on June 25. The determined Kenyan youth continued pushing President William Ruto to veto the bill or resign. Police responded with lethal force, killing dozens and injuring hundreds. Initially, Ruto was defiant, but on June 26, he announced from the State House that he would not sign the bill.

Deaths

During this address, Ruto alleged that “six people lost their lives”. Ruto’s statement was intended to downplay the tragedy that struck the nation when police opened fire and killed innocent and peaceful protesters opposing the bill.

The Police Reforms Working Group-Kenya (PRWG-K) reported a nationwide death toll of 23 due to police shootings as of the evening of June 25. These deaths occurred this week alone, excluding the two fatalities recorded last week. Similarly, the Kenya National Commission on Human Rights (KNCHR), a state body, reported that police killed 22 people nationwide.

Injuries

Ruto further claimed that only 214 people were injured during the tax protests. However, PRWG-K and KNCHR data indicate that the police injured 300 protesters, 86 more than Ruto’s figure.

Arrests

Still, Ruto did not disclose the number of protesters arrested by the police during protests, merely stating that “all were processed and released” to avoid backlash over the regime’s misconduct. The Independent Medical Legal Unit (IMLU) reported that police unlawfully arrested 98 people. Of these, 56 were bailed out by the Kenya Human Rights Commission (KHRC), the Law Society of Kenya (LSK), and the Defenders Coalition, while the police released the rest unconditionally. During last week’s protests, police arrested 385 people, who were later released unconditionally.

Enforced disappearances

Between June 21 and June 25, security agencies abducted 22 people, according to PRWG. Ruto omitted the number of abductions in his speech. The number of abductees could be higher, as PRWG-K is verifying two more possible abductions reported after Ruto’s address. According to LSK President Faith Odhiambo, on June 26 and 27, respectively, Nyamweya Oginga and Regis Wanjala were abducted, reportedly connected to the tax protests.

Ruto underreported the number of deaths and injuries and failed to provide accurate figures on arrests and enforced disappearances. This is tantamount to avoiding accountability for the actions of the security agencies.

Illegal KDF deployment

When Ruto spoke, he did not announce the Kenya Defense Forces (KDF) withdrawal from the streets despite their illegal deployment. The law requires National Assembly approval for such deployments, but Defense Cabinet Secretary Aden Duale deployed the military on June 25 and sought MPs’ approval a day later.

Even if Duale had followed the law, deploying the KDF to harm Kenyans is immoral, unacceptable, and unnecessary. This misuse of the military follows a pattern; Duale deployed the KDF on February 15, 2023, to fight banditry in the North Rift without parliament’s approval.

Access to information

In violation of Article 35 of the Kenyan constitution, the regime responded to these peaceful protests with misinformation, false accusations, and limited access to public information about the casualties.

‘Withdrawal’ of Finance Bill, 2024

The Finance Bill, 2024 and its subsequent passage fueled protests. Ruto, however, failed to follow Article 115 of Kenya’s constitution when he announced that he and government-allied MPs had “agreed to withdraw the bill.” Ruto’s statement usurped the legislative process.

Despite claiming to have withdrawn the bill, Ruto was the first to thank MPs for passing it, indicating a lack of commitment to listening to Kenyans’ concerns.

We, therefore, demand the following:

1. Ruto must take political responsibility for all the atrocities committed under his leadership during the
2. The regime must ensure police atrocities that have caused deaths and injuries
3. Those accountable for the atrocities against peaceful protesters, including Inspector- General of Police Japhet Koome, Director of Criminal Investigation Mohamed Amin, former Nairobi Police Commander Adamson Bungei, and all police commanders in areas where atrocities took place, must face prosecution. Individual police officers involved must also be held accountable under the law.

4. The regime must uphold freedom of expression and assembly, ensuring that Kenyans can protest peacefully without facing police brutality, as Article 37 of the Kenyan Constitution
5. The regime must cover medical expenses and psychosocial support for injured protesters. It should also bear the burial costs for those who lost their lives during the
6. Any protesters still in unlawful police custody due to arrest or abduction must be
7. MPs must reject the Finance Bill, 2024, per Article 115 of the
8. The regime must provide full redress to all individuals harmed by police violence during the protests, in line with the UN guiding basic principles and guidelines on the right to remedy and
9. KDF must immediately return to the barracks, and arbitrary deployments must CS Duale must be relieved of public duty for violating the law.
10. The Commission and Administrative Justice must ensure unfettered access to information. KNCHR should continue to document and respond to human rights
11. To ensure a guarantee of non-repeat, the regime must adhere to Article 4 (2) of the Constitution, affirming Kenya as a multi-party democratic state founded on national values and principles of governance in Article 10.

Signed

1. PRWG-K

PRESS STATEMENT
Immediate Release of #OccupyParliament Protestors and Condemnation of Police Brutality
18th June, 2024

Twenty-one human rights and governance organizations under the Police Reforms Working Group Kenya (PRWG-Kenya) are deeply alarmed and outraged by the mass arrests of 210 peaceful protestors, journalists and our own staff observing the #OccupyParliament protest this morning. The use of excessive force, intimidation of civilians, and violation of privacy through physical searches and arbitrary arrests is an outright infringement of the constitutional rights of the people of Kenya.

The right to peaceful assembly and protest is enshrined under Article 37 of the Constitution of Kenya, 2010 and is a fundamental pillar of any democratic society. The right to speak on public affairs is vital for any democratic and accountable society. However, once again, the National Police Service has acted in blatant disregard for these rights to silence dissent through force and intimidation.

We demand the immediate and unconditional release of all arrested protestors and observers. We call on the National Police Service to uphold its duty to protect and respect the rights of Kenyan citizens and to assemble peacefully. The use of excessive force and intimidation must cease immediately.

Furthermore, we urge the National Police Service to facilitate and safeguard the right to protest. This includes ensuring that protestors can express their views without fear of arrest or violence. The actions witnessed today are not only a violation of human rights but also a stark reminder of the ongoing struggle for justice and freedom in Kenya.

We stand in solidarity with all those who bravely exercised their right to protest and call on all Kenyans to join us in demanding accountability and respect for our constitutional rights. We reiterate our commitment to upholding the rights and freedoms of all Kenyans. The Police Reforms Working Group is documenting the situation closely, providing direct support to those affected, and already exploring legal action for redress.

This statement is signed by members of the Police Reforms Working Group-Kenya, an alliance of national and grassroots organisations committed to professional, accountable and human rights-compliant policing. They include:

Independent Medico-Legal Unit (IMLU), Kariobangi Paralegal Network, Defenders Coalition, Katiba Institute, Social Justice Centres Working Group (SJCW), The 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), Social Justice Centres Working Group (SJCW), 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).

For more information and interviews, contact Mathias T. Kinyoda on

Mobile: +254723424802 | Email: mathias.kinyoda@amnesty.or.ke

President William Ruto arrives for a high-level meeting in Bürgenstock, Switzerland, to forge peace Ukraine, on June 15, 2024. Ruto surprised more than 2,000 delegates at the UN Civil Society Conference by announcing commencement of the PBO Act 2013.
Image: PCS

Kenya has variously been described as a promising, stable, and progressive state in Africa signalling the opportunity for Kenya to positioning itself as a top Africa economy and political leader.

The Energy and Petroleum Regulatory Authority (EPRA) describes Kenya’s energy landscape as a mix of hydropower (34 per cent), geothermal (47 per cent), wind (one per cent), bioenergy (two per cent) and solar energy sources (four per cent). This portrays a deficit in energy supply needs currently and in the future.

Faced with the challenge of meeting rising electricity demand driven by economic growth and urbanisation, nuclear energy was proposed as a possible avenue to fill the energy gap. The Nuclear Power and Energy Agency (NuPEA) was established in 2019 through an Act of Parliament to oversee the ambitious undertaking.

Nuclear power remains relatively unknown to the majority of Kenyans although it has been described by political actors as a reliable source of energy with low carbon emissions.

NuPEA announced plans to set up a Sh500 billion nuclear power plant in Kilifi, sparking uproar from locals and human rights activists. The community has expressed concern over their safety, environmental impact, and the socio-economic consequences of such a project. The community is concerned that developed economies like Japan and Germany with well-developed infrastructure for nuclear energy are scaling down or transitioning to other less risky sources of energy altogether.

They wonder why Kenya with less developed infrastructure would contemplate such a risky undertaking that everyone else is shying away from.

At a recent event at Uyombo in Kilifi county the local community protested attempts to introduce the project to the community without adequate prior public engagement and informed consent. It was met with brute force by the police, leading to injuries to more than 20 community members and the arrest and detention of three human rights defenders. This raises serious concerns regarding the imposition of such a sensitive project within the community without regard to their concerns.

Germany, for example, decided to phase out nuclear power following the Fukushima disaster. Germany’s “Energiewende” (energy transition) strategy focuses on replacing nuclear and fossil fuels with renewable energy sources, improving energy efficiency, and reducing greenhouse gas emissions. This transition aims to create a sustainable and resilient energy system.

It should be recalled that Japan, a country that is heavily invested in nuclear power, experienced the Fukushima Daiichi disaster in 2011. The earthquake and tsunami that struck Japan triggered catastrophic failures at the nuclear plant, leading to widespread radiation release and long-term environmental and health impacts. This disaster highlighted vulnerabilities in nuclear safety protocols and the severe consequences of inadequate disaster preparedness.

RENEWABLE ENERGY: A nuclear power plant in Brazil.
Image: FILE

For a country like Kenya, the Fukushima incident emphasises the need for vigorous safety measures and strict regulatory frameworks. It also requires sustained open and frank conversation with communities regarding the potential long-term environmental and health impacts of nuclear energy and on the level of investment in technologies that can mitigate potential risks. This would likely help assure the country and affected communities of the safety and sustainability of Kenya’s nuclear energy ambitions.

Residents of Oyombo have decried the secrecy and lack of information regarding the proposed project, which has fuelled fears over mass displacements, disruption of their pristine ecosystem and risk of radiation in case of a leakage. Sadly, the relevant authorities have failed to grant the community adequate hearing of their concerns and information about their plans.

This has incubated tension and fear. The deployment of state security to attack the community that exercised their right to protest and make demands for public participation as required by the Constitution would not succeed in forcing such infrastructure on the people.

Building public trust through transparency and effective communication about the risks and benefits of nuclear energy is also vital. Ensuring community engagement and public participation in decision-making processes can address concerns and foster acceptance, thereby building a solid foundation for energy development. The duty bearers must make the bold step to reach out to the community, their leadership, and human rights defenders to a round table to discuss this and other issues affecting them. Alternative sites should be explored should the community be unconvinced.

While nuclear energy has been described as a low-carbon alternative capable of providing stable base-load power, the experiences of Japan and Germany suggest that Kenya should carefully weigh the benefits and risks. Developing a balanced energy strategy incorporating nuclear and renewable energy sources could be the most effective approach to achieving energy security and sustainability.

Germany’s experience should be explored for the potential of other renewable energy sources as viable alternatives to nuclear power. Kenya is blessed with abundant geothermal, wind, and solar resources. Kenya can focus on expanding and integrating these renewable sources into its energy matrix. Successful energy transitions require strong policy frameworks and significant investment in development and infrastructure.

Kenya is blessed with academic giants who have studied widely on various forms of energy that are beneficial, and are generated with the least risks. They should take leadership in facilitated robust public conversation on required safety standards, robust regulatory frameworks, and a commitment to environmental and public health to guide Kenya’s journey towards adopting nuclear energy.

At the same time, the potential for renewable energy to meet the country’s electricity needs should not be overlooked. By learning from the successes and challenges faced by Japan and Germany, Kenya can navigate its path toward a sustainable and resilient energy future.

As Kenya contemplates enhancing its energy capacity to meet its demands for a rapidly growing energy needs, the country must prioritise public participation regarding their concerns, and balance the benefits and risks. This might require going back to the drawing board to exhaust the available renewable energy options such as Geothermal Energy whose current Capacity: stands at 800 MW and has a potential of to 10,000 MW. Wind Energy production stands at 310 but bears the potent of producing approximately 3,000 MW, especially in northern and coastal regions. Solar Irradiance levels stand at 4-6 kWh/m²/day due to its equatorial location and this equally bears potential for growth to thousands of MW. Kenya’s total installed large hydropower capacity is 826.23 MW. Small hydro potential is estimated at 3,000MW, of which it is estimated that less than 30MW have been exploited and only 15MW supply the grid.

Executive director, Defenders Coalition

A Kenyan Mountaineering giant, Cheruiyot KIRUI has rested at his heart’s chosen paradise, the Peak of the world’s tallest Mountain -Everest. Scaling Everest is not the kind of feat that mere world mortals would dream of, let alone dare it. But Kirui ascended to over 8,800 feet above sea level, a few meters to or from the summit without the use of supplemental oxygen! He died while on a very special mission. He never quit, he died trying.