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.

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:

  2024 June 22 Content Creators Statement

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.

Civic Space Research Terms of Reference

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

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. 

MALINDI HCCRA NO. E040 OF 2021 – JOEL OGADA (1)

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

.

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.

Read Full report here