Nairobi, 13th July 2024. The Police Reforms Working Group Kenya (PRWG-K) and Civic Freedoms Forums (CFF) are deeply shocked and saddened by the recent discovery of at least six dismembered bodies at the Kware dumpsite near Mukuru Kwa Njenga slums in Nairobi. These dismembered bodies were found wrapped in sacks and polythene bags of assorted colours, which were tied with majorly with ligatures, and retrieved from a garbage-filled quarry pit opposite Kware police station with a similar pattern of packaging according to yesterday’s statement on the X platform of the Directorate of Criminal Investigations. This horrific incident is a mass fatality issue; it represents a grave violation of human rights and raises serious concerns about the rule of law and security in our country.

This discovery comes amid a troubling surge in cases of mysterious disappearances and abductions, particularly following recent protests against the Finance Bill 2024 that has resulted in the deaths of over 40 individuals; further, how the bodies were disposed of highlights the brutal nature of these killings and the urgent need for justice in light of the National Police Service (NPS) facing severe accusations of involvement in unlawful activities.

The government must allow for a thorough investigation into these killings to uncover the truth behind these heinous acts and determine the identities of these dismembered and unidentified female victims.

PRWG-K and CFF call for the following actions:

1. We urge the government to allow for and initiate swift, comprehensive investigations into these killings. It is crucial to determine the circumstances surrounding the deaths and hold those responsible accountable.
2. Because the bodies were dismembered, we are concerned that they may be co-mingled and, thus, will require sorting and reassociation according to forensic medical best practice.
3. To ensure that the victims’ identities are scientifically determined for accuracy, we request that the Directorate of Criminal Investigation, Division of Forensic & Pathology Services, and the National Registration Bureau prioritize the collection of the victims’ fingerprints immediately.
4. To ensure that the Forensic Death Investigation Process – that is, Postmortems should be done together with independent observers. These processes should be done in a central location. As such, the bodies should be moved to one location and preserved awaiting forensic death investigation.
5. The crime scene should be urgently secured, and competent personnel should be involved in overseeing and or conducting forensic retrieval of all remaining remains or bodies.
6. The National Construction Authority should close all open quarries.
7. Establish a National Missing Persons Database
8. Ensure that there is a clear cooperation mechanism for purposes of evidence management, between the Independent Policing Oversight Authority (IPOA) and other law enforcement agencies to expedite investigations into all reports of enforced disappearances, and deaths allegedly committed by police officers. Ensuring accountability within the police force is vital to restoring public trust and upholding justice.
9. We appeal to members of the public to come forward with any information regarding missing, abducted, or deceased victims. Public cooperation is essential in aiding investigations and bringing perpetrators to justice.

In conclusion, the discovery of these dismembered bodies dumped in this quarry pit is a stark reminder of the urgent need to address and further publicize human rights violations and ensure the safety and security of all citizens. The PRWG-K and CFF remain committed to advocating for justice, accountability, and the protection of human rights in Kenya.

For further assistance, or to report human rights violations, please call our helplines at IMLU at 0800-721-401 or the Kenya National Commission on Human Rights (KNCHR).

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. They 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).

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AFRICA’S CIVIL SOCIETY STATEMENT ON THE KENYA’S GOVERNMENT REACTION TO ONGOING PROTESTS

The Civic Space Network Africa (CSNA), the African Centre for Democracy and Human Rights Studies (ACDHRS), the Thulani Maseko Foundation (TMF), and civil society groups and individuals listed below are deeply concerned about the way the police and law enforcement agents have used and continue to use force to try and contain the ongoing protests in Kenya against the Finance Bill 2024.

We are equally concerned that the disproportionate reaction to peaceful protests has triggered the peaceful protests to turn violent and result in serious damage to property and injuries and fatalities to people. So far, 39 deaths, including the deaths of minors, have been confirmed and verified by the Kenya National Human Rights Commission and the Kenyan civil society as of 2nd July 2024. There has also been a lot of destruction of property and injuries to scores of people, and the country is currently experiencing high levels of instability and a threat to peace.

The right to protest is not only legal but also a crucial aspect of democratic engagement. This is especially so in Kenya, where the proposed bill sought to raise taxes significantly, thereby increasing the cost of living and further burdening an already struggling populace. The disproportionate use of force, including wanton use of live ammunition by the police against protesters, leading to severe injuries and the deliberate and unprovoked killings of peaceful protesters, is alarming coming from a country that is a beacon of democracy and peaceful transfer of power following democratic elections in Africa. The use of live ammunition to target protesters is unjust and a blatant violation of the rights to life, freedom of assembly, association, and expression. Credible civil society groups in Kenya, notably the Police Reforms Working Group, have raised alarm about enforced disappearances and abductions of social media activists and other human rights defenders, as well as cases of arbitrary arrests, detentions, and torture of protesters.

The situation was aggravated by the seeming irregular deployment of the army by the Kenyan authorities to deal with unarmed civilians engaged in peaceful protest. The military should not routinely be involved in law enforcement. These actions are wrongful and illegal under international human rights law obligations binding on Kenya. Everyone’s right to freedom from torture and cruel, inhuman, or degrading punishment and treatment must be guaranteed. It is also an issue of grave concern that there have been reports of internet shutdowns or slowdowns during these protests. An internet shutdown is a violation of digital rights and freedom of expression. It also impedes the ability of international media and civil society to effectively monitor the situation, creating fertile ground for further violations and for impunity to prevail. Digital rights are human rights, and Kenyans should always be able to access information efficiently and promptly.

We call on the Government of Kenya and its security agencies to cease these violations immediately. We demand that the government of Kenya must immediately account for all cases of enforced disappearances, extra-judicial killings, torture, and inhuman and degrading treatment that is happening as a response to the protests and bring the perpetrators to justice. The government must adhere to international and regional instruments, such as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights, which explicitly prohibit arbitrary arrests, detentions, and enforced disappearances and require that all detained individuals be treated with dignity and respect and be afforded their right to a fair trial and to justice. In their decision-making, the Kenyan authorities must adhere to international standards on the use of force in law enforcement that are legally binding on them.

In particular, we expect the authorities to strictly adhere to the core principles applicable in the use of force, that is, legality, precaution, non-discrimination, necessity, and proportionality. All these principles appear to have been violated in Kenya. We urge the Kenyan government, led by His Excellency President Dr. William Samoei Ruto, to listen to the voices of the Kenyan people. Protests are often the language of the unheard, a means for citizens to express their dissatisfaction and demand accountability. Suppressing these voices through violence and repression is not the solution. Instead, constructive dialogue and genuine efforts to address the underlying issues are essential. We call on the government to respect and uphold the constitutional and internationally recognized rights of its citizens to cease the use of excessive force against unarmed civilians involved in peaceful protests.

A just and democratic society must honor the voices of its people, protect their rights, and foster an environment where peaceful protest can lead to meaningful change. We stand in solidarity with the Kenyan Civil Society, all peaceful protesters, and all Kenyans fighting for their rights. Coordinated by Civic Space Network Africa, the Africa Centre for Democracy and Human Rights St .udies, the Thulani Maseko Foundation and signed by the following organisations and people.

ORGANISATIONS

1. Civic Space Network Africa (CSNA)
2. African Centre for Democracy and Human Rights Studies (ACDHRS)
3. Thulani Maseko Foundation (TMF)
4. African Initiative of Women Human Rights Defenders (WHRD Initiative)
5. SouthernDefenders
6. Network of the independent Commission for Human rights in North Africa (CIDH AFRICA)
7. Save Our Sacred Lands
8. Africa Centre for Open Governance (AfriCOG)
9. Lawyers for Democratic Reform Swaziland (LAW-DERSWA)
10. Protection International Africa
11. Chapter 4 Zimbabwe
12. National Coalition of Human Rights Defenders Uganda (NCHRD-U)
13. Burundian HRD Coalition
14. Human Rights Defenders Network-Sierra Leone
15. La Coalition Burkinabè des Défenseurs des Droits Humains (CBDDH)
16. Réseau Nigerien des Défenseurs des Droits Humains RNDDH
17. Coalition Togolaise des Défenseurs des Droits Humains (CTDDH)
18. Institut des Médias pour la Démocratie et les Droits de l’Homme (IM2DH)
19. Tanzania Human Rights Defenders Coalition-THRDC
20. Chapter One Foundation- Zambia
21. Zimbabwe Lawyers for Human Rights
22. DITSHWANELO -The Botswana Centre for Human RightS

23. Access Justice Point -Uganda

INDIVIDUALS

1. Tanele Maseko – Eswatini
2. Hannah Foster – Banjul
3. Simphiwe Sidu – South Africa
4. Arnold Tsunga – Zimbabwe
5. Tito Magoti – Tanzania
6. David Mburu – Kenya
7. Mary Pais Da Silva – Eswatini
8. Constance Vimbai Mukarati – Zimbabwe
9. Sheila Nhancale – Mozambique
10. Norman Tjombe – Namibia
11. Blessing Gorejena – Zimbabwe
12. Deprose Muchena – Zimbabwe
13. Washington Katema – Zimbabwe
14. Tauriq Jenkins – South Africa
15. Sithembile Dingake – Botswana
16. Maxwell Nkambule – Eswatini
17. Francis Ndegwa – Kenya
18. Clemence Manyukwe _ Zimbabawe
19. Bob R. Kirenga – Kenya
20. Charles C Chimedza – Zimbabwe
21. Ndifuna Mohammed – Uganda

Memorandum Addressees
This memorandum has been sent to the following office bearers in their official capacity H. E the President of Kenya, Cabinet Secretary for Interior & National Administration, Cabinet Secretary Defence, The Inspector General of Police, Director General National Intelligence Service, The National Police Service Commission, The Independent Policing Oversight Authority, The Kenya National Human Rights Commission.

Email:
feedback@president.go.ke  – The President

feedback@interior.go.ke – Ministry of Interior publicaffairs@mod.go.ke -Ministry of Defence nps@nationalpolice.go.ke – Inspector General

info@npsc.go.ke – The National Police Service Commission info@ipoa.go.ke – The Independent Policing Oversight Authority haki@knhcr.org -The Kenya National Human Rights Commission
For any follow up action contact the following coordinators of this initiative

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FOR IMMEDIATE RELEASE

STATEMENT CONDEMNING VIOLENCE DURING RECENT PROTESTS AND CALLING FOR PROTECTION OF CIVIC SPACE.

Nairobi, 4^th July 2024.

We, The Police Reforms Working Group Kenya (PRWG-K), extend our sincere condolences to the families and friends of the 39 individuals who lost their lives in the recent protests. We also pass our condolences to police officers who has lost their lives and others critically injured during these protests. We also express deep concern and solidarity with the 361 injured, 627 arbitrarily arrested, and 32 forcibly disappeared, as reported by the Kenya National Human Rights Commission (KNHRC) on 1^st July 2024. These numbers may have gone up following the protests on Tuesday 2^nd of July 2024. Our thoughts are with all those affected during this difficult time. We stand with you, offering our support and unwavering solidarity and commitment to seeking justice.

We strongly condemn the violence witnessed during the recent protests in Kenya, which has resulted from both the excessive use of force by law enforcement and the presence of what appears to be hired goons. The police’s use of lethal crowd control weapons like water cannons, tear gas, and live ammunition against peaceful demonstrators has led to unnecessary injuries and fatalities, escalating tensions and undermining the citizens’ rights to assemble, demonstrate, picket and petition which is enshrined in Article 37 of the Constitution of Kenya, 2010.

This comes on the backdrop of a recent court order which barred police from using water cannons, tear gas, live ammunition, rubber bullets or other crude weapons or draconian measures and from deploying brute force or any other form of violence or committing any extra judicial killings, arrests, abductions, detentions, harassment, intimidation, torture, cruel, inhuman and degrading treatment against peaceful protesters.

Moreover, under the Public Order Management Act, the police have a fundamental obligation to uphold public safety and facilitate peaceful protests while enforcing regulations to prevent disruptions. However, we express deep concern over recent events where the police have failed to uphold this duty, resulting in the involvement of hired goons committing robberies, assaults, and looting. Who is hiring the goons to discredit and delegitimatize protestors and justify the use of excessive force by the state that has contributed to widespread chaos? Such actions undermine the credibility of peaceful demonstrations and constitute severe violations of human rights and democratic principles. Immediate accountability is imperative to restore order and uphold the rule of law. It is essential that the Independent Policing Oversight Authority (IPOA) ensures those responsible for these actions are held accountable swiftly and transparently, ensuring that citizens’ rights to peacefully assemble and express their grievances are protected and respected.

We strongly condemn the actions of these hired goons who have engaged in looting and destroying property, resulting in wanton destruction and significant loss of livelihood for thousands of

individuals and businesses. These reprehensible acts not only undermine public safety but also inflict severe economic and emotional harm on our communities. We stand in solidarity with business owners who have suffered losses due to these criminal activities. It is essential that those responsible for these actions are swiftly brought to justice to restore confidence, protect businesses, and ensure that such incidents do not recur.

Moreover, the deepening infiltration and deployment of these goons has had severe consequences, including the assault of police officers, which we strongly condemn as per Section 103(2) of the National Police Service Act. The infiltration has also led to the withdrawal of the services of Medics for Kenya, a volunteer group of doctors and other medical personnel who were providing emergency services during the protests. This withdrawal has left many without critical medical support, as these medics were forced to cease their operations across the country.

Further, the continued state attack on Kenya’s civic space through increased targeting of human rights defenders and activists is a deeply troubling development documented extensively in the media. This escalating scrutiny threatens to stifle the vital role that civil society plays in a functioning democracy. By targeting those who advocate for justice, transparency, and accountability, the state is not only infringing on individual freedoms but also eroding the foundation of democratic governance. The intimidation and harassment of activists and human rights defenders create an environment of fear and repression, effectively silencing critical voices and closing the civic space essential for holding the government accountable. It is imperative that the state respects and protects the rights of these individuals to ensure the continued health and vibrancy of Kenya’s democracy.

We remind the state of its duty to ensure that during protests, the police have a critical duty and obligation to maintain public order and safety while respecting and protecting the rights of citizens to assemble and express their views peacefully. As enshrined in Article 244 of the Constitution of Kenya, law enforcement officers are mandated to adhere to the principles of transparency, accountability, and respect for human rights. This includes ensuring that their response to protests is proportionate and lawful, avoiding the use of excessive force, and distinguishing between peaceful demonstrators and those engaging in criminal activities. The police must facilitate peaceful protests, protect protestors, medical, media and other professionals from any harm, and prevent infiltration by malicious actors. Upholding these responsibilities is essential to fostering trust between law enforcement and the community, and to safeguarding the democratic principles that allow for free expression and civic engagement. This is part of the obligation and commitment of the government under the recently commenced Public Benefits Organisation Act.

Therefore, we call on the government to:

1. Protect Kenya’s civic space and ensure the safety of human rights defenders and
2. Instruct law enforcement officers to uphold their duty to protect public order and safety during assemblies and demonstrations as per Article 244 of the Constitution of Kenya.
3. Ensure accountability for those responsible for the violence and opportunistic crimes during the protests.
4. Facilitate open dialogue with citizens to address the root causes of the protests and work towards meaningful solutions.

The state must act decisively to restore peace and order while respecting the fundamental rights of its citizens. Together, we must strive to build a society that values justice, transparency, and the protection of human rights for all. Together, we must strive to build a society that practices National Values and Principles of Governance and UTU.

This statement is signed by the Police Reforms Working Group-Kenya, an alliance of national and grassroots organizations 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), Kenyan Section of the International Commission of Jurists (ICJ Kenya), International Justice Mission (IJM-K), HAKI Africa, Inuka Ni Sisi, Democracy Without Boarders-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)