By Wallace Nderu
Research and Advocacy Advisor-Defenders Coalition
Human Rights Defenders play a significant role in championing rights and freedoms within their communities. Through monitoring, documentation and reporting, HRDs utilise these tools to seek justice for victims or their families, redress for violations and abuses and call for accountability. Despite the significant work HRDs do, there is a growing concern on the abuse of existing laws and institutions, by the state, aimed at harassing and intimidating them,as seen following the
protests witnessed in the country in 2024 and 2025.
The Computer Misuse and Cybercrimes Act, 2018 has been the go-to legislation to charge HRDs
especially in the context of freedom of expression, particularly in online spaces. It can be recalled that
Rose Njeri was arrested and after a prolonged detention, charged under Section 16 of the Cybercrimes law on abuse of a computer system, only for the charge to be dismissed by the court. The Penal Code Cap 63 and the Public Order Act are abused in the context of peaceful assembly and demonstrations. HRDs have been arbitrarily arrested. Of great concern has been the abuse of the prevention of terrorism laws in the country. They also face terrorism related charges, with a majority of them being arraigned at the Kahawa Law Courts-a court primarily setup to deal with terrorism related offences.
The Prevention of Terrorism Act Cap 59 B, through the state, is being utilised to threaten critical voices and in particular HRDs. The Office of the Director of Public Prosecutions has come under scrutiny for preferring and rubber stamping trumped-up charges and far-fetched offences. The Judiciary, on its part, is viewed as aiding the persecution of HRDs, through issuing of hefty bails and bonds and in some cases, granting detention of defenders for prolonged periods of time, guised as time for conducting investigations. The role of the National Police Service cannot be ignored, through arbitrary arrests, detentions, threats and intimidation.
We need to engrain a culture that speaks against the utilisation of such laws and institutions to harass HRDs as they work towards championing rights and freedoms. Institutions should resist being used
and abused to advance injustices within our communities, and especially
The article was published in the Star Newspaper on 18th JULY, 2025