To champion the safety, security and wellbeing of Human Rights Defenders.
NGUGI: Rest easy Cheruiyot Kirui, we celebrate you.
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.
COURAGE: Cheruiyot Kirui stands above 8,000 metres in the ‘death zone’ near the summit of Mt Manaslu, Nepal. Image:CHERUIYOT KIRUI
The death of the giant unfortunately brings to the fore the ignorance or lack of awareness and recognition of hiking and nature excursion as an extraordinary sport or passion. In many parts of the world, hikers are celebrated heroes and sheroes.
For me, the death of comrade Kirui is a personal loss of an acquaintance, mentor and above all a supporter of the Climb for Justice Initiative which was kicked off in 2019 by the Defenders Coalition.
The organisation mobilised hiking enthusiasts to climb mountains with the noble purpose of raising funds to build a home for a group that it serves: frontline human rights advocates committed to the realisation of the 2010 Constitution and citizens’ enjoyment of fundamental human rights and freedom without discrimination.
True to their word, they have achieved a major milestone of purchasing land in Kajiado, where the training, innovation and respite centre for activists will soon be set up once their fundraising target of Sh50 million is met.
Kirui was our surprise guest for two hikes at the picturesque Elephant Hill and Rurimeria in the Aberdare ranges. The first time we hiked together Kirui had just arrived from hiking at the base camp on Mt Everest. He was simply one of us but he stood out for being calm, and nonchalant while some of us were loud, exuding confidence and excited about conquering Mt Kenya in 2019 and later Mt Kilimanjaro in 2021.
In hindsight, I now reflect that Kirui must have been amused by our ignorance and kindergarten bravado. We were a world apart in terms of athletic exploits and global hiking experience.
It is hard to explain the allure, fascination and adrenaline rush around climbing mountains which is a risky undertaking. But the same can be said about deep-sea diving, surfing or even top speed motorsport. It is no secret that Mt Everest is the everlasting home of more than 200 mountain climbers who never descended from this most challenging but rewarding excursion. We have similarly said goodbye to others closer home in comparatively less challenging Mt Kenya and Mt Kilimanjaro.
Most hiking enthusiasts love outdoor excursions, need time to reflect and want to challenge themselves to something exciting and exceptional. So it’s understandable that Kirui’s fascination for Mt Everest was that it was done without supplemental oxygen except in life threatening situations.
Towards this objective he invested heavily in months of preparation, had a supportive team, medication and the right gear. Other people, albeit countable, have successfully achieved this feat that he felt ready and was determined to realise it. However, some things are simply beyond the best preparation and precautions. Like all of us who take hiking challenges, we are pretty much aware of the risks and that is why we invest considerably in preparations to the best of our abilities.
As we condole with family and friends of Kirui and as we ponder as to whether his body will be brought home for burial, I know for sure that he rested in one of the most beautiful places on earth: on a pure sheet of snow and breathtaking views where only a few that the mountains allow savour and live to tell.
His successful hiking career is awe-inspiring and calls for those in authority to make hiking experience better through installation of basic amenities like toilets, rescue pathways and liveable facilities.
As my team and I look forward to another walk on Kenya and Africa top summits of Mt Kenya and Mt Kilimanjaro later in the year, we shall be buoyed by Kirui’s courage, determination and resilience.
Rest well my hero Kirui. Continue watching over Mt.Everest as it watches over you.
Executive director, Defenders Coalition
This story was first published by The Star. This is not a reproduction but an amplification of the message.
STATEMENT ON THE ARBITRARY ARREST OF CONTENT CREATORS
Twenty-five human rights associations of content creators, lawyers, medical officers, and human rights defenders across the country have called on the Directorate of Criminal Investigations to clarify the whereabouts of content creator Billy Simani, also known as “Crazy Nairobian”. The agencies include the Bloggers Association of Kenya, The Law Society, the Kenya Medical Association, the Defenders Coalition, the Independent Medical Legal Union, and Amnesty International Kenya. Reports from family and friends that Billy Simani has been arrested and is currently detained by the National Police Service in an undisclosed location. Read the full statement below:
REQUEST FOR PROPOSALS – RESEARCH CONSULTANCY CIVIC SPACE STUDY
REQUEST FOR PROPOSALS AN ASSESSMENT OF THE CIVIC SPACE IN KENYA DEADLINE: 25TH JUNE 2024
The Defenders Coalition invites qualified applicants to express interest in a consultancy to assess Kenya’s Civic Space. This is a valuable opportunity to contribute your expertise towards safeguarding fundamental rights and civic freedoms for all in Kenya.
For more information please review our Terms of Reference below.
STATEMENT ON THE ASSAULT AND ARREST OF KILIFI RESIDENTS AND HUMAN RIGHTS DEFENDERS IN UYOMBO.
PRESS STATEMENT
FOR IMMEDIATE RELEASE
STATEMENT ON THE ASSAULT AND ARREST OF KILIFI RESIDENTS AND HUMAN RIGHTS DEFENDERS IN UYOMBO.
Nairobi, 22nd May 2024.
The Independent Medico-Legal Unit (IMLU) and the National Coalition of Human Rights Defenders Coalition) to strongly condemn the recent violent actions, assaults, and arrests of residents and human rights defenders in Uyombo, Kilifi county when they exercised their right to peaceful protest. The community was opposed to a ground-breaking ceremony organized for the commencement of the proposed Sh500 billion nuclear power plant. The local community have long opposed the project due to its potentially devastating environmental and socio-economic impacts.
Eyewitness reports and footage from the area reveal armed police officers used excessive force including the use of tear gas, the beating of men, women, and children using batons and destruction of property. Numerous community members sustained injuries that required medical attention. They were detained at police stations without access to medical personnel. Some human rights defenders and family were also arrested when they went to check on their detained colleagues.
IMLU and Defenders Coalition is concerned with the use of violence, arbitrary arrest, and detention to punish and intimidate the community and activists for voicing their concerns over environmental impact of the project. We demand the immediate release for the detained or be accessed by their family and lawyers.
The proposed nuclear project or any other project require community engagement and the government to address community concerns. The concerns raised by the community are profound, given the proposed site is an ecologically sensitive area, encompassing the Watamu Marine National Park, Mida Creek, and the Arabuko Sokoke Forest. The community is further concerned with the nuclear plant’s negative impact on tourism and the livelihoods of local residents. The community is further concerned with their displacement without proper or adequate compensation or consultation.
IMLU and Defenders Coalition stands in solidarity with the residents of Uyombo, Kilifi County and their call for environmental justice and human rights. The government approach in Uyombo, undermines the principles of transparency and accountability that should guide such significant projects. We urge the government, the Nuclear Power and Energy Agency (NuPEA) to halt the project until a comprehensive and inclusive consultation process is undertaken. The voices of the affected community must be heard, and alternative energy sources, such as geothermal, solar, and wind, should be explored to ensure sustainable and less controversial solutions.
We call on local leaders to be at the forefront demanding an inclusive stakeholders consultations that include relevant government departments, environmental institutions and defenders, and concerned citizens, to join us in advocating for the rights of Uyombo residents. The use of underhand tactics, force, and intimidation to impose the nuclear power plant project is unacceptable and must be condemned in the strongest terms.
IMLU and Defenders Coalition remains committed to advocating for justice, accountability, and the protection of human rights for all.
Signed
Wangechi Grace Kahuria
Executive Director
Kamau Ngugi
Executive Director
Celebrating World Press Freedom: Sustainable Journalism for Human Rights
In a world where the pursuit of justice often faces daunting obstacles, the Defenders Coalition stands as a steadfast advocate for human rights and equality. Recently, we had the privilege of convening a two-day training on sustainable journalism for human rights where twenty journalists were trained on human rights and how to ensure their security in the line of duty. The training began with an opening speech from the Executive Director of the Defenders Coalition, Kamau Ngugi, whose impassioned remarks shed light on the crucial role of journalists in shaping a more just society.
As his speech unfolded, the Executive Director emphasized the urgent need to expand the reach of press clubs and grassroots initiatives, empowering journalists to be at the frontline in the fight for justice. “We need to build a wider press club and implement them at the grassroots level so that they can be the Defenders Coalition’s point of entry,” he remarked. “This grassroots approach ensures that the voices of the marginalized are heard and their rights protected.”
On the eve of World Press Freedom Day, the Executive Director issued a reminder to the government: “The government must protect everyone, including journalists, and not harass and persecute them.” It’s a clarion call for accountability and respect for freedom of the press, a cornerstone of democratic societies.
Furthermore, the Executive Director called upon journalists to join forces with human rights defenders in shedding light on injustices. “Human rights defenders also report these injustices, but they do not have a platform similar to what journalists have to amplify these stories as they represent the voices of their communities,” they noted. This rallying cry underscores the importance of solidarity and collaboration in amplifying marginalized voices and holding power to account.
As we commemorate World Press Freedom Day this year, he reflected on the critical role of journalism in addressing the environmental crisis facing our planet. Under the theme “A Press for the Planet: Journalism in the Face of the Environmental Crisis,” he recognized the vital role journalists play in raising awareness, holding leaders accountable, and driving action to protect our environment.
Kenya is facing unprecedented environmental challenges, from the ongoing floods to the concerns of land loss in areas inhabited by marginalized communities such as the Mau and the emerging grey area of carbon credits. These issues pose significant threats to ecosystems, communities, and future generations. Journalists have a crucial role to play in reporting on these issues, raising public awareness, and driving meaningful change.
Journalism has the power to shine a light on injustices, amplify the voices of affected communities, and hold governments accountable for their actions. Through investigative reporting and compelling storytelling, journalists can inspire action to address the root causes of environmental degradation and other human rights issues.
However, journalists often face significant challenges in reporting on these issues. As highlighted in the sessions on digital and physical security, they may encounter censorship, threats, and intimidation from governments or individuals, and vested interests seeking to suppress information. Despite these obstacles, journalists continue to courageously uncover the truth and advocate for accountability and better governance.
On this World Press Freedom Day, let us reaffirm our commitment to defending press freedom and supporting journalists who are at the forefront of the fight for justice. Together, we can harness the power of journalism to call for better leadership and build a brighter future for all. We also make a clarion call to all journalists to work closely with human rights defenders who simply lack a platform to amplify the stories and the voices of their silenced and suppressed communities.
Joel Ogada: Malindi High Court Comes to the Defense of Land rights activist Joel Ogada
UNLAWFUL ARRESTS IN KENYA: Kenya exposes its human rights record to the world with uncalled for arrest of 27 HRDs from their Justice Centre Office
Kenya exposes its human rights record to the world with uncalled for arrest of 27 HRDs from their Justice Centre Office on the eve of UN Civil Society Conference
8 May 2024, Nairobi, Kenya
The Defenders Coalition strongly condemns the storming of Mathare Social Justice Centre and Ghetto Foundation Offices by National Police Service Officers from Pangani Police Station and the subsequent arrest of 27 Human Rights Defenders (HRDs).
The arrested HRDs were meeting in their offices to discuss issues around the government’s negligence and forceful eviction of poor families that had survived the deadly floods that claimed many lives including that of woman human rights defender Benna Buluma.
We are appalled that on the eve of the United Nations Civil Society Conference, an international conference with eminent human rights delegates from across world converging in Nairobi, the Kenyan government can resort to a new low of arbitrariness of arresting, harassing and intimidating any dissenting voice.
The actions by the law enforcement agencies are unlawful and shameless. It is shocking that the national police Service, an agency mandated to serve and protect citizens, went against their very mandate and targeted community volunteers and human rights defenders who have been offering lifesaving support to flood victims in Mathare.
26 of the arrested HRDs are being held in Pangani and 1 Ruaraka Police Station respectively and trumped up charges of incitement to violence have been preferred against them. Their arbitrary detention is an outright violation of their rights and an abuse of the rule of law. Their safety and wellbeing is a matter of concern to us as many of them are without warm clothing.
The Defenders Coalition calls for the immediate release of the detained HRDs and calls for thorough investigations into the attack on the Mathare Social Justice Centre. Individual perpetrators of violence and those responsible for the unlawful arrest of HRDs must be held accountable for their actions.
We urge all Human Rights Defenders, Civil Society Organizations and the public to stand in solidarity with the arrested HRDs at their arraignment in Madaraka Law Courts on 9th May 2024 at 9.00AM.
Defenders Coalition reiterates that attacks on human rights defenders will not deter us from our mission to promote and protect human rights for all.
Signed
Kamau Ngugi,
Executive Director
.
Status of Persons with Disability Human Rights Defenders in Kenya
Persons with disabilities face enough social barriers as aforementioned in the introduction of this report. With these barriers already in their day-to-day life, the challenges that come with being a Human Rights Defender are double fold for these individuals. Stigmatization of people living with disabilities contributed majorly to the formation of biases and prejudices which put them into the disadvantageous position compared to people, who are not with disability. Such biases and prejudices have contributed to the discrimination of people with disabilities which various initiatives by both the government, non-governmental organizations and HRDs have consistently tried to eliminate consistently. Nonetheless, the problem of people with disabilities and their discrimination persists because many biases and prejudices are resilient.
In addition, modern life has created several technologies like modern cities where stairs, trains, cars, doors, and elevators are designed to simplify movement. However, despite the existence of these technologies, it has not made life any
easier for the PWDs. Many of them find that they cannot climb stairs, drive cars or even access trains without help from someone else. Therefore, while the rest of the world is enjoying the benefits of technology, a disabled person, including those that are trying to fight for their rights would still have to overcome these challenges in order to move from place to place. Hence, difficulties in mobility among the disabled also testify to their hardship Additionally, following limited resources due to lack of engagement of PWDs in economic activities, some of the best assistive technologies for the disabled are quite expensive, and average
citizens cannot afford them.
Finally, the challenge confronting policy and law formulation to promote, protect and safeguard the rights of persons with disabilities needs to be viewed in a broader context beyond a single piece of legislation. The same emphasis during policy formulation on PWD issues should be adhered to at the implementation level. Without thorough implementation of the stipulations of the policies in regards to promoting equity and equality towards this marginalized group, then PWDs and PWD HRDs will continue to live and work in a hostile environment. According to WHO report on disability which stipulates that; lack of equitability access to resources such as education, employment, health care and the social and legal support system resulting in person with disabilities having disproportionately high rates of poverty (WHO Disability Report 2012). Sustainable equitable progress in the agreed global development agenda cannot be achieved without the inclusion of persons with Disabilities.
Today, the Missing Voices Coalition launches its 2023 Annual Report. This is the fourth report and a great milestone for the Coalition. The theme of the 2023 report is “End Police Impunity.”
The launch coincides with another public statement made the by President of the Republic of Kenya, William Ruto. On Sunday, 21st April, 2024, the President reiterated his commitment to end extrajudicial killings and political assassinations.
The report records five significant developments, which are likely to have an impact on future trends in extrajudicial killings and enforced disappearances.
The first one is the reporting of a reduced number of police killings and enforced disappearances from the figures Missing Voices Coalition recorded in 2022.
This signifies some level of success in the concerted advocacy interventions. However, it also demonstrates a growing observable trend where police have changed the ways and methods they use to carry out extrajudicial killings and enforced disappearances.
Sadly, at the same time, we have noted increased police impunity and increased killings during demonstrations as occasioned during the Maandamano period.
The Missing Voices Coalition is studying these new trends and will soon inform the public about them, even as it builds the capacity of its members to confront this emerging reality.
The number of police killings in 2023 were 118 in total compared to 130 in 2022. This represents a reduction of 9.2%. Further, the number of enforced disappearances recorded were 10 in 2023, compared to 22 in 2022. This represents a reduction of 54.5% in recorded cases.
In total, 128 people were killed or forcefully disappeared in 2023. This is a 15.8% drop compared to a total of 152 cases recorded in 2022.
Most of the killings occur during police anti-crime operations by state security agencies. In 2023, 58 people were killed because of anti-crime operations compared to 91 cases during the same period in 2022.
Anti-riot killings, however, increased in 2023 due to the Maandamano protests against high cost of living in March and July. Anti-terror related killings decreased from 18 in 2022 to 1 in 2023. Either the government has implemented a softer approach to dealing with terror-related cases or they have found more discrete ways of executing victims, which do not raise alarm in the wider public.
In terms of gender, men continued to be more vulnerable to police killings and impunity. The proportion of men killed in 2023 remained high, at 94% of all victims, compared to 95.3% in 2022. The proportion of women was recorded at 4.7% in 2022, compared to 6% in 2023, a slight increase.
The finding above is significant. Whereas more men continue to be killed, the proportion of women victims rose slightly. This slight increase cannot be ignored, given rising concerns over the phenomenon of “femicide” across the country.
In terms of age, young men aged 19-35 continue to be the main victims of extrajudicial killings and enforced disappearances. This was the case in 2022 as well even though the proportion in 2022 was slightly higher than that in 2023. Out of the 130 recorded cases, young men in this age group made up 40% or 52 cases.
As has been the case consistently, very few police officers who carried out extrajudicial killings and enforced disappearances in 2023 were arrested or prosecuted. Only five (5) police officers were arrested in 2023, while those involved in the other cases (roughly 113) still carry on with their duties, hence increasing the risk of more extrajudicial killings and enforced disappearances due to impunity.
It is notable, that all the five arrests were related to incidents of Gender Based Violence where police officers were engaged in altercations with loved ones and shot them.
Nairobi County continues to record a large proportion of police killings and enforced disappearances. It accounted for 46 out of the 130 recorded cases or 35.4%. This was a slight drop from the recorded cases in 2022, which numbered 53 in total. Kisumu County, which came second, recorded 9 cases.
We must, at this point, express our grave concerns with the impunity exhibited by the office of the Inspector General of Police in dealing with the Internal Affairs Unit of the National Police Service that acts as an internal accountability arm of NPS. Early this month (April) the IG recalled the IAU Director and transferred over 50 investigators in that office. In the last one-year IAU has had over five directors, a clear demonstration of ill motive on the side of the IG in handling police accountability. The regular reshuffle of the Directors has led to stalling of cases involving police impunity.
The third significant happening in 2023 was the release of the report of the National Task Force on Improvement of the Terms and Conditions of Service and Other Reforms for Members of the National Police Service, Kenya Prisons Service and the National Youth Service (Maraga Report). The report was presented to the Head of State on Thursday, November 16th 2023, at State House, Nairobi.
The Task Force was set up to identify the legal, policy, administrative, institutional, and operational constraints on effective service delivery by the three services. The report reiterated some of the structural issues that have led to police impunity over the years such as systemic corruption.
The fourth significant happening was the commitment made by the Attorney General, Justin Muturi, on Kenya’s possible ratification of the International Convention for the Protection of All Persons From Enforced Disappearance (ICPPED).
Muturi made the commitment during the celebration of the 75th Anniversary of the Universal Declaration of Human Rights (UDHR) at Gigiri, Nairobi.
Missing Voices Coalition has been at the forefront, advocating for the ratification of the Convention, which Kenya signed in 2007. The delayed ratification of the Convention has continued to deny MVC and other stakeholders an important tool in fighting against enforced disappearances.
The fifth major development was the arraigning in court of police officers, most notably, Ahmed Rashid, on charges of murder. Rashid was charged with the murder of Jamal Mohamed and Mohamed Dahir Kheri that happened in 2017.
The charging of Ahmed Rashid is significant in causing deterrence, this is backed by a significant decrease in police killings by Pangani Police station where Ahmed Rashid ran the Pangani six squad. Police killings by Pangani police station reduce from 30 cases in our 2021 report to 11 killings in the 2022 report and now seven cases in the 2023 report.
Though the arraignment of individual suspected perpetrators cannot, in itself, deal with the structural causes of police impunity, it advances the fight against police impunity by assigning individual responsibility.
A call to action:
Attorney General:
Operationalise the National Coroners Services Act and the Prevention of Torture Act in consultation with the CS National Treasury.
Fast-track the payment of court awards and reparations to victims of unlawful police killings in consultation with the CS National Treasury.
Work with the CS National Security to increase budgetary allocation to facilitate the operationalization of the National Coroners Service under the National Coroners Service Act.
Inspector General:
Enhance the operation of Internal Affairs Unit of The NPS that is a shell of what it was before 2022 elections by giving the unit sufficient and independent budgetary allocation and security of tenure of the director.
To the DPP:
Expedite cases on extra-judicial executions and enforced disappearances in court and work with the judiciary to provide a realistic timeline for when they will be resolved.
Develop a habeas corpus guideline with state oversight agencies, the judiciary, and civil society organizations.
Develop ODPP guidelines on the investigation of enforced disappearances.
Fast track the development of jurisprudence on prime responsibility and command of responsibility.
Judiciary:
Expedite and finalize the cases of enforced disappearances and police killings before the court and habeas corpus before the court.
Prioritize the need for law reform on sanctions for government officials’ failure to obey court orders for production in habeas corpus cases.
—-(Ends)—-
Mama Victor -Statement on the Passing of Benna Buluma “Mama Victor”
It is with profound sadness that the Defenders Coalition and the human rights defender’s community mourns the passing of Benna Buluma, a courageous activist and leader in the fight for justice. Mama Victor joins a long list of Kenyans that have lost their lives recently following high rainfall, whose flow is casually, recklessly or simply not managed at all by the relevant government authorities and its wanting leadership.
Mama Victor’s life was marked by resilience, and her commitment to seeking truth and justice for victims of police impunity will forever inspire us. She chose to speak up about cold-blooded killing by police of her two sons – Victor and Benard in August 2017. Despite the unimaginable pain of losing her sons Mama Victor inspired countless others who have suffered similar losses to develop a Network of Justice Worriors of Mothers whose Sons were victims of Police killings and impunity.
The Mothers of Victims and Survivors Network supported families affected by extrajudicial killings. Under her leadership as the network’s co-convenor, the Network expanded its reach to communities across Nairobi, including Kayole, Mukuru, Kasarani, Kibera, Kariobangi, and Dandora. Mama Victor’s tireless efforts to amplify the voices of the victim’s families and demand accountability from those in power have left an unforgettable mark on Kenya’s human rights landscape.
The conspicuous absence of Mama Victor at the April 24, 2024 Launch of 2023 Missing Voices Coalition Report on State of Extra Judicial killings in Kenya triggered uncomfortable murmurs regarding her whereabouts and safety as her phones were unanswered. HRDs attending the launch kicked off a search at Mathare North where she lived with her family. That the government officials and its leadership was unavailable to support the HRDs who eventually traced hers and other bodies victims of flooding is deeply concerning.
As we mourn the loss of Benna Buluma, let us also honor her memory by reminding ourselves of the pursuit of justice for the victims of extrajudicial killings and their families.
The Defenders Coalition and the human rights defenders community stands in solidarity with Benna’s family, friends, and colleagues, and we pledge to continue the work that she so passionately championed. Benna may no longer be with us, but her legacy will endure as a beacon of hope and resilience for those dedicated to the quest for justice.
