Helpline: 0716 200 100
To champion the safety, security and wellbeing of Human Rights Defenders.
2-month-old teargassed while sleeping during curfew operation
2-month-old teargassed while sleeping during Curfew operation
A 2 moth old baby was placed under emergency oxygen therapy after a teargas canister launched by police officers during a curfew enforcement operation in Huruma area landed in her house where she was sleeping.
Image:The exploded canister hurled by police into the house of Baby Asenath
The canister that was hurled into the family home of the toddler was then taken into custody by rights defender Rahma Waqo who has been mainstreaming the plight of the family while pursuing justice for the baby.
The canister was handed over to the Independent Policing and Oversight Authority (IPOA) at the Kiamaiko Social Justice Centre on 26 May 2020 in the presence of the Defenders Coalition, media, rights activists and other civil society organizations.
The said incident happened on the night of Friday, 22 May 2020.
The teargas exploded inside her parents’ house on second floor of a residential flat as with the father’s attempt to throw it out proving too late as the baby inhaled the pain-inflicting smoke from the canister.
Later, with other HRDs Defenders Coalition accompanied Rahma and Shamsu Abdikadir( father of the affected baby) to Huruma Police Station where they recorded a statement with police of the incident.
Image: Shamsu Abdikadir father of the affected baby addressing media during the handing over of the canister to IPOA
In solidarity with Mama Rahma Waqo, Defenders Coalition assured Rahma Wako of any support, especially during this time when human rights defenders are grossly targeted by both state and non-state actors because of their work.
“We are concerned by the gross targeting of rights defenders through arbitrary arrests, enforced disappearances and use of other intimidation ploys to frustrate them in their work. Today, as we stand with Mama Rahma we want to assure HRDs of our support in the course of their work,” Said Salome Nduata, Head of Programmes-Defenders coalition
In the month of April, one human rights activist Michael Njau and his two friends went missing and continue to be missing one and half months after alarm was raised on their disappearance on 24 April 2020 in Nairobi. The missing activist is a member of the Kiamaiko Social Justice Centre.
The case which was being handled by Rahma Waqo- a member of Kiamaiko Social justice Centre, was handed over to IPOA for investigations into the near-death experience of Baby Asenath in Huruma, Nairobi.
At the time of handing over of the case, the baby was still under medication at home with complications including nose bleeding and difficulty in breathing.
Police brutality and violence that has led to the needless loss of lives of Kenyans is an age-old systemic problem, with efforts to reform the Kenya Police bearing little fruit.
She called for speedy investigations into the incident to accord the minor justice and stop the police brutality that has since created mistrust between members the public and state agencies.
“Handing over the case gives me a glimmer of hope that the family of Mr. Abdikadir will get justice. Police excesses in this neighbourhood are chocking us!” Said Mama Rahma Wako.
IPOA have since moved on with investigations and the perpetrator is yet to be charged. We await formal updates from the state agency.
REGIONAL CIVIL SOCIETY JOINT STATEMENT ON THE ONSLAUGHT OF CIVIC SPACE DURING THE COVID-19 PANDEMIC RESPONSE IN EAST AFRICA
We, the undersigned representatives of Civil Society Organizations (CSOs) operating within the East African Community and operating under the East African Community (EAC) Consultative Dialogue Framework (CDF) met through a webinar on 19th June 2020, convened by EACSOF Kenya Chapter, to discuss continued threats to civic space due to restrictions imposed as a result of the Covid-19 pandemic. The discussion was prompted by the growing need to foster a more coordinated regional approach to address the severe threats to civic space in the EAC region.
We wish to commend the EAC partner states for taking actions to control the spread of Covid-19. We are aware, however, that various challenges have undermined efforts to have a collective approach to the pandemic. We, nonetheless, congratulate governments in the region for taking the pandemic as a serious threat to the health and wellbeing of their citizens.
State of civil society amidst COVID-19.
The lack of a collective approach based on similar standards has meant that reactions to Covid-19 are largely in line with domestic governance conditions. In countries where civic space was already severely threatened, the directives have tended to be more severe. In such situations, Covid-19 restrictions have merely added to the factors that deny citizens their essential freedoms such as freedom to assemble, freedom to associate, etc.
We note further the rights to information and the freedom of expression have been threatened across the board. In their efforts to control the spread of disinformation, governments have targeted and undermined these rights. Human rights activists and social media influencers are among those who have experienced threats from the authorities due to the information shared on their social media platforms, mainly challenging the government to account for the use of funds. The media and journalists, already under severe constraints in several countries, have faced increasing challenges including threats to suspend licenses and harassment of individual journalists in the course of duty. There has been a surge in cases of police brutality in the process of enforcing restrictions thus undermining ongoing police reforms.
Even though we acknowledge the importance of necessary measures to control Covid-19, the widespread abuses of human rights especially by security forces, have undermined citizens’ faith in what governments are doing to control the spread of the virus. In several cases, this has led to demonstrations, which in turn has created conditions for further spread of the virus. We, therefore, agree with the African Commission on Human and Peoples’ rights and other human rights bodies across the world, which have emphasized that restrictions must be lawful and reasonable.
Given the above, and the need to continue building a prosperous Africa through continental and regional integration, we recommend the following to the governments of the six EAC partner states:
1. That there is a need to recognize and harness the leadership, mobilization and educational potential inherent in the civil society so that a more effective partnership approach is engendered in response to Covid-19;
2. Take immediate action to eliminate Extra-Judicial Killings (EJK) as well as other human rights abuses by security officials in charge of enforcing restrictions. Where such abuses have occurred, responsible state institutions must move with speed to investigate and bring to book those responsible. The state must also provide support to victims of such abuses;
3. That there is a need to continue working towards a collective approach to control of Covid-19 by the EAC partner states. This is partly necessitated by the need to handle practical challenges being currently experienced in the region such as the issue of truckers and movement of goods;
4. The collective approach envisioned above must be human rights friendly in line with the East African Community Treaty, which under “Establishment and Principles of the Community” (Chapter Two) emphasizes “adherence to universally acceptable principles of good governance, democracy, the rule of law, observance of human rights and social justice”;
5. Observe the principles of accountability and transparency in all processes related to control of Covid-19. This includes procurement processes through which countries are sourcing material supplies for purposes of dealing with
the pandemic. Partner States must, at all costs, mitigate against rentseeking, profiteering and other forms of corruption;
6. Support community healthcare systems (such as Community Health Workers) as the first lines of defense in controlling the spread of COVID-19 due to their role in sensitization, supporting vulnerable communities at the
village level, and in urban informal settlements. We note, for example, that community health workers and level one facilities require the provision of adequate protective gear, testing kits, and other materials; and
7. We support partner states call for debt relief to focus more resources on Covid-19. However, this does not preclude the need to bring to account those responsible for the accumulation of odious debts and large-scale looting.
In solidarity with the East African Community, partner states and Civil Society Organizations in East Africa Region.
The statement is endorsed by
1. Tanzania Association of NGOs (TANGO)
2. Defenders Coalition Kenya
3. Development Network of Indigenous Voluntary Association (DENIVA)
4. The Uganda Association of Women Lawyers (FIDA-U)
5. Rwanda Women’s Network
6. Rwanda Civil Society Platform (RCSP)
7. Burundi Journalists Union
8. Forum pour la Conscience et le Development (FOCODE)
9. Community Empowerment for Progress Organization (CEPO),
10. Freedom House, Tanzania
11. Civil Society Reference Group (CSRG)
12. Independent Medico Legal Unit (IMLU
Reflection on the Murder of George Floyd in the USA; Hussein Moyo and 21 other COVID 19 related police killings in Kenya #IcantBreath
Today, I choose to join millions of global citizens to express my outrage over the killing of George Floyd, an unarmed black citizen of United States of America by a white police officer. I strongly condemn the abhorrent killing of George and related murders, and uncalled for excessive police violence against Black people in America. I demand justice for George Floyd.
The repugnant murder of George Floyd by a Minneapolis police officer on May 25, 2020, is just but one of the many documented victims of race profiling and police violence in the United States by police officers against people of color. Ahmaud Arbery and Trayvon Martin are among many other victims of killings on the account of their skin color.
The killing of George exposes murk in race and discrimination in the society which easily permeates systems of governance. The police in the United States have been called out for the excessive targeting of not only the Black people but also such groups like religious, indigenous and ethnic minorities; racialized groups and gender minorities. George’s death and others like him is a reflection of deep rooted societal malaise that counters the imagery of social, economic and political progress and respect for democracy and human rights that the USA has proclaimed itself to be.
As an adept believer in civil rights and freedoms, I bemoan the increasing loss of a global leadership of USA in advocating for human rights respecting policing and upholding the respect for diversity of color, creed, gender, sexual orientation or class.
When one commits to champion the universalism of the UN declaration on human rights that calls on us to stand up against disrespect and violation of human rights, geographical scope and time becomes non-existent. A human rights violation anywhere the world over ought to be condemned.
With this piece, I join with national, regional and global human rights and civil society actors, to call for a thorough, independent, and transparent investigation of the killing of George Floyd and other acts of police violence, and commitment to end impunity for police perpetrators by bringing them to justice. The racial profiling is not unique to the USA alone but also in other parts of the world that have normalized black oppression from all fronts.
The murder of George Floyd has taken place in the midst of an historic global pandemic that has resulted in a serious public health and human rights crisis. It is disheartening that while condemning this travesty of justice elsewhere, Kenya cannot proudly speak of its good record in policing. Extra-judicial killings, enforced disappearance and police violence that has resulted in serious injuries particularly among economically marginalized groups in the Kenyan rural and urban slums have been the hallmark of policing during the COVID 19 crisis.
Yassin Moyo, 13, was murdered by a police officer while playing on his family home’s balcony
For instance, figures by Defenders Coalition -an organization that works on protecting human rights defenders against persecution because of their work, indicate that since the first case of COVID 19 infection was reported in Kenya in early March (until 31 May 2020), human tights monitors have documented 21 police killings and hundreds of injuries during violent enforcement of measures intended to minimize the spread of the virus in Kenya. Many more young men have been forcefully disappeared and human rights defenders have been victims of arrests, containment at quarantine facilities and malicious prosecution because of speaking out against human rights violations and other injustices.
Journalists, medical service providers like nurses and medical officers as well as lawyers who are considered as essential service providers have not been spared the violence and ill-treatment. The fear of the violence, more than infections have forced the sick and women in labour to keep off medical facilities, exacerbating the medical crisis now and in the future.
The June 2nd 2020 announcement of the approval – by the Office of the Director of Public prosecutions, of the prosecution of a police officer who is suspected of fatally shooting Yassin Moyo, a primary school pupil at the balcony of their home in Kiamaiko, Huruma in Nairobi provides a glimmer of hope for justice for the family and human rights defenders community that advocate for justice and accountability. Maybe it provides the hope that the wheels of justice in this and other cases will turn so us to slay the dragon of impunity that fuels the never ending police violence against fellow Kenyans.
The boiling outrage against the killing of George Floyd in the United States of America has poured into the streets exposing systemic injustices and discriminatory policing. The government and the American people must make the right choices to right historic wrongs against black people, minorities and open a new chapter on race relation that abhors racism and violent policing of black communities across the world.
Kamau Ngugi,
Executive Director
Defenders Coalition
Photo Credit: Reuters
Press Release: For immediate Release
Nairobi, 11th June 2020
Press Statement on the Escalating Reprisals, Intimidation and Harassment of Human Rights Defenders Including Mutemi Kiama In Kenya
Defenders Coalition, which is the National Coalition of Human Rights Defenders in Kenya associates itself with the global campaign to bring to an end systemic discrimination and police violence against black people, who have endured sustained socio-economic and political exclusion the world over.
It is therefore, abhorrent that in the wake of a global ‘I can’t breathe’ movement to bring to an end police brutality. Police officers in Kenya have not only engaged in wide spread brutality against its citizens resulting in death and serious injuries, but have also singled out human rights defenders for intimidation and persecution.
Mutemi Kiama, a human rights defender and blogger is the latest among the growing list of human rights defenders and journalists that have recently survived serious injuries, unlawful arrests conducted violently, detention and malicious prosecutions over criminal charges that were trumped up. Mutemi Kiama was unlawfully arrested on the night of Tuesday, 9 June 2020 after police officers from the Special Crime Unit (SCU) and Karen Police Station forcibly broke into his apartment. His phones, cameras and laptops were confiscated. He was detained at a police station before he was presented to court late evening the following day.
It is dreadful that officers from the Special Crimes Unit, a rebranded police unit that was historically accused for engaging in enforced disappearances, torture and extra judicial killings attempted to circumvent the lawful procedures by re-introducing Mr Mutemi Kiama to court to seek orders to detain him prior to investigation despite contrary advice from the Office of the Public Prosecutor. It took the swift action of the defense legal team comprising of Hon Martha Karua, Harun Ndubi, Lempaa Soyianka and Mbugua Mureithi and an officer from the ODPP who arrived at Kibera Court in the nick of time, where the officers had sneaked the suspect without the knowledge of the lawyers and sought orders to detain him. The defense and prosecution refused to acquiescence on application by the police to have Mutemi detained for a week as they conducted investigation over an alleged crime of Digital Piracy. The court dismissed the application and affirmed the right of the rights defender/blogger to be set free as the police conduct their investigations. His tools of trade remain confiscated.
The Defenders Coalition condemns this unlawful arrest of Mutemi Kiama. Defenders Coalition believes in the rule of law and the right of the police to conduct their work freely, but lawfully. However, the conduct of the police to forcibly enter a private residence of the defender late in the evening without court sanctioned order, the use of violence against the defender during the arrest, and attempts to hold the rights defender incommunicado following arrest and forum shopping in an attempt to seek favourable court orders to detain the blogger before preferring any charges, demonstrate keenness to circumvent the rule of law with the aim to persecute or humiliate the defender.
These deplorable actions by the SCU police fall in a concerning pattern of escalating intimidation of human rights defenders in the country in the recent months.
To highlight, Collins Ochieng and Samuel Gathanga of Ruaraka Social Justice Centre, were detained at the Central Police Station on 9 June 2020. They were arrested by police officers shortly after delivering a petition to Parliament regarding police brutality within informal settlements in Nairobi. The two were booked in with charges of failure to keep social distance and failing to wear face masks contrary to the directives given for managing spread of COVID-19. The two have insisted that they were not in contravention of the rules and that the charges were trumped up. The two were released from custody after posting cash bail. They are expected to appear in court on Tuesday 16 2020 to be formally charged.
On 12 May 2020, woman human rights defender Ruth Mumbi received a message from an unknown number, threatening to make her “d
CALL FOR EXPRESSION OF INTEREST
TERMS OF REFERENCE FOR RESEARCH CONSULTANT FOR UPDATING THE SURVEY ON COMMUNICATION SURVEILLANCE AND PRIVACY OF HUMAN RIGHTS DEFENDERS
Title: Consultancy – Survey Report reviewing and updating
Expected start date: Immediately
Contract Period: 14 working days
Who we are
Defenders Coalition (The National Coalition of Human Rights Defenders–Kenya) is a national organization incorporated in the Republic of Kenya as a Trust. Its mission is to strengthen the capacity of human rights defenders (HRDs) to work effectively in the country and to reduce their vulnerability to the risk of persecution, through protection, capacity building, and advocacy for a favorable legal and policy environment. Established in 2007, NCHRD-K is the only national organization that works primarily for the protection of HRDs.
Background:
Defenders Coalition set out a survey to assess Human Rights Defenders (HRDs) level of exposure, understanding, and perception of communication surveillance as well as identify their strategies for mitigating the same in 2018. As enshrined in the CoK under Article 31, the right to privacy is a fundamental right protected in law across the world jurisdictions. Needless to say it is essential in providing the prerequisites for the protection of human dignity and enjoyment of the bill of rights.
The report analyses the needs, concerns and areas of interest for HRDs in relation to privacy, data protection, and communications surveillance and establishes the impact surveillance has on the work of HRDs. The report also offered recommendations to various actors including HRDs to develop appropriate, timely interventions and advocacy strategies. The enactment of the Data Protection Act 2019 was a big step in the realization of the Right to Privacy and protection for HRDs especially against surveillance. A lot remains to be done especially with the proposed amendments to the Official Secrets Act which in this light seeks to negate the right to privacy and give the authorities an upper hand.
Now more than ever efforts should be made to ensure that the checks and balances which are at the heart of the DPA are enforced and implemented.
Scope of the work
The consultant’s main duty shall be based on two specific tasks:
Expected Deliverables
Timeframe: 14 Working Days
Required Expertise and Qualifications
Application Procedure
Qualified consultants must include in their application the following:
2. Financial proposal not exceeding 1 page
3. Organizational and Personnel Capacity Statement
SUBMISSION OF PROPOSAL
Interested and qualified consultants should submit their application on or before 24th July 2020 to:
Kamau Ngugi
Executive Director
Defenders Coalition
Email: info@defenderscoalition.org
Defenders Coalition is an equal opportunity employer. Persons from minority groups, indigenous groups, women and persons with disabilities are encouraged to apply. All applications will be treated with the utmost confidence.
17 May 2020
Press Release: INTERNATIONAL DAY AGAINST HOMOPHOBIA,BIPHOBIA,INTERPHOBIA AND TRANSPHOBIA (IDAHOBIT) 2020
Defenders Coalition was delighted to join Kenyans and people across the world in marking the 2020 annual International Day against Homophobia, Biphobia, Interphobia and Transphobia (IDAHOBIT).
This day May 17th was specifically chosen in 2004 to commemorate the World Health Organization’s decision in 1990 to declassify homosexuality as a mental disorder.
It is meant to draw world attention to the untold violence, stigmatization, harassment, othering and discrimination experienced by people with diverse sexual orientations, gender identities or expressions, and sex characteristics.
These people include intersex, lesbian, gay, bisexuals, transgender and gender non-conforming persons.
Defenders Coalition is happy to acknowledge the realization of key milestones in Kenya that will eventually shape the space within which this community exists. Due to a government taskforce on to interrogate the plight of Intersex Persons and give recommendations to the state, Intersex Persons who many a times a marginalized, minority and vulnerable group that continues to face a multitude of challenges and human rights violations from birth including stigmatization, ridicule and discrimination have since been recognized as a gender.
For the first time in history, they were recognized by the Kenyan government , by being counted during the 2019 National Census conducted in August 2019.
This year’s commemoration comes at a time when the world is facing a Covid-19, a pandemic that has threated not only the safety of global citizens but their livelihoods and wellbeing occasioned by a common mitigation effort “social distancing”.
COVID-19, on its advent, has imposed on LGBTI people an unprecedented dual reality – the need for community clashing with the imposed necessity for social distancing – when expressly LGBTI persons have been and continue to be victims of the most extreme forms of social, legal and religious distancing known for the longest time.
It is paramount to note that while many societies around the world have made progress in the acceptance and inclusion of LGBT+ people, Kenya continues to criminalize certain sexual orientations thus LGBT+ people are not entirely safe.
Domestic violence by close relatives and irrational family members continues to be predominant form of violence extended to LGBT+ people even in the absence of the pandemic. The situation has worsened due to teeth wrenching effects of Corona virus disease. It has been amplified now that many LGBT+ people have been forced to return to hostile family homes due to loss of livelihoods.
Defenders Coalition understands that for LGBT+ people today, the situation is dire. We endeavour to continue working to mitigate the risks, security and safety threats that have been amplified by COVID-19.
Defenders Coalition urges the Kenyan Government to expressly meet its commitment under the United Nations Universal Periodic Review (UPR) and adopt a comprehensive equality and non-discrimination law, granting protection to all individuals, irrespective of their sexual orientation, gender identity, expression and sex characteristics for a long term, comprehensive, sustainable frameworks that will ensure genuine, lasting inclusion and acceptance of LGBT+ people.
To the sexual and gender minorities, the Defenders Coalition celebrates you on this day and affirms you of our commitment to champion your rights for your holistic socio-economic wellbeing and general safeguarding of your dignity.
Defenders Coalition
INTRODUCTION
Civic space in Kenya continues to be under pressure as a range of actions is being directed against the work of Human Rights Defenders (HRD), HRDS networks and Civil Society Organizations (CSO) in Kenya. Physical attacks, criminal and administrative actions, reprisals, legislative restrictions, negative rhetoric and limitation of human rights have undermined the constitutional and international protections available to HRDs.
It is against this backdrop that the Working Group on Human Rights Defenders in Kenya, which brings together CSOs, the UN and development partners concerned with the protection of HRDs, is organizing the fifth edition of the HRD Awards on the 27th of November 2020. The aim of the ceremony is to honor and publicly recognize the important work of HRDs and HRDs groups in Kenya, by giving out awards to those who have demonstrated courage, innovation and impact in the promotion and protection of human rights and fundamental freedoms. The awards are presented in three categories: the Munir Mazrui Lifetime achievement award, the Human Rights Defender of the year award and the upcoming Human Rights Defender of the year award.
THE OBJECTIVES
The objectives of these awards are to:
SELECTION PROCESS
The Working Group on Human Rights Defenders in Kenya develops a call for nominations, which is then widely circulated by the National Coalition of Human Rights Defenders-Kenya (NCHRD-K, also referred to as Defenders Coalition) and other partners. This call outlines the criteria for eligibility for nomination. Both individual HRDs and groups/organizations can be nominated in the three categories.
A panel comprised of missions and organizations involved in the planning of the HRD Awards then shortlists five individuals/groups per category within the set-out guidelines for shortlisting candidates.
The panel verifies the HRD’s human rights work through field visits, and interviews with the nominators, the nominees and their references.
The Judging Panel, which comprises of eminent individuals in the human rights sector, makes a final decision, from the names submitted, on the recipient of the three awards and the runner up.
Will be held on the 27th of November 2020 in the presence of CSOs, the UN, the government, selected HRDs, representatives from the international missions, and the media who will cover the event.
SELECTION CRITERIA
The following will be taken into consideration:
AWARD
Three awards will be presented to the overall winners:
The winners will receive:
To nominate your favorite HRD, Download the nomination form here
or nominate online via https://forms.gle/DujVWEsXGZPo5yg56
All nomination forms should be sent back to the Defenders Coalition via advocacy@defenderscoalition.org with a clear subject line “HRD AWARDS NOMINATION” by the 15th of August 2020, 11.59 P.M
Michel Forst: My last report (and other material) as UN Special Rapporteur
Dear friends,
As you know, I have left the UN mandate on human rights defenders on 1 May 2020. I had to devote the last weeks of my mandate to finalize a number of projects that had been postponed due to the COVID19 crisis. This is now complete and I am pleased to share these latest achievements with you.
First of all, I prepared a final report, more personal than the previous ones, to reflect on these six years spent with the mandate for defenders. As this report is not officially attached to the Office of the High Commissioner for Human Rights, you will only find it on the “unofficial” website of the mandate: www.protecting-defenders.org/sites/protecting-defenders.org/files/V-EN-complet-0526.pdf
Secondly, I developed a series of videos illustrating the essential role played by defenders around the world. One general video presents the work of defenders and three other videos focus on groups of defenders at risk: women defenders, environmental defenders and defenders working in conflict and post-conflict situations. I wanted these animated videos to be as accessible as possible to defenders and the general public, so they are available in 4 languages (French, Arabic, Spanish and English) with the possibility of subtitles in the language of your choice. Please help me disseminate and share these videos!
All these videos are available on our Youtube channel: https://www.youtube.com/channel/UCpidtOxbCtw2xdEXjupPR3w?view_as=subscriber
Finally, I am happy to share with you the fruit of a collaborative work with a dozen NGOs, networks and partners to translate the UN Declaration on Human Rights Defenders into an accessible and user-friendly format. This translation is now available in more than 50 languages and dialects. Unfortunately, the posters are not yet posted on OHCHR’s website which is why I am counting on you to take hold of this tool and bring it to life as close to the field as possible!
The posters as well as all the communication materials developed over the past years are available here: : https://app.box.com/s/qbxxks6gcfi97nge9peuf2c1qvfn93pz
I would like to thank you one last time for these six wonderful years spent at your side. I am sure that we will meet again to address together the many challenges facing the human rights defenders community.
See you soon!
NAIROBI, 21 May 2020
POLICE BRUTALITY AGAINST KENYAN HUMAN RIGHTS ACTIVISTS ON THE RISE
The Kenya police from Naivasha in Nakuru county have arrested and seriously assaulted two Land Rights Activists who have been involved in ongoing legal battles with private developers over encroachment of public space and closing off public access corridors to Lake Naivasha.
Private developers that include Hotels and Flower farms, own huge tracts of land along the shoreline and thus have closed off access roads to the lake affecting livelihoods of poor local communities that engage in fishing and tourism.
Community members from Karagita have, through the White Eagle Development CBO and Haki Jamii Rights Centre, petitioned the County Government of Nakuru to intervene and ensure reopening of the access corridors to the lake.
On Friday May 15, 2020, Kongoni Police Station OCS supervised the brutal beating and arrest of seven members when they protested dumping of garbage and blocking of one of the lake access roads that took place in the night of 14 May 2020 despite a court order prohibiting such action.
Two of the activists were brutally assaulted and injured by police officers during the arrest before being detained at a quarantine facility to allegedly “teach them a lesson”. The other five arrested members were briefly detained at the Naivasha central police station before being arraigned in court the same day.
The activists were detained for five days at Naivasha Girls Secondary School, a public health quarantine facility, before they were taken to court in Naivasha on 20th May where they were charged with several criminal offenses including incitement to violence, resisting arrest, assaulting a police officer while resisting arrest, creating disturbance in a manner likely to cause a breach of peace among others. They denied the charges.
The court has ordered their release on bail pending hearing of the multiple criminal charges preferred against them. The Court further ordered that the first accused, who suffered injuries following police beating during the arrest to access medical attention.
The OCS Naivasha Central and OCPD refused one of the activists (Paul) to record a complaint of assault on 21st May 2020 and refused to issue him with P3 Form which is required to access treatment at a public hospital and pursue justice.
Defenders Coalition condemns the persecution of the human rights defenders by law enforcement officials. The violence meted on the two officials and other aggrieved community members during the arrest, their detainment at medical quarantine and the charges preferred fall into a pattern of punitive actions directed at human rights defenders who demand justice, speak truth to power or question police misconduct.
Defenders Coalition demand that:
Defender Coalition
Wednesday, 4th March 2020
Submission to the Senate: Situation of Judicial Executions (EJEs) and Enforced Disappearances (EDs) in Kenya. Human Rights Defenders, Journalists and Whistle-blowers Working on EJEs
The Defenders Coalition, which is the national coalition of human rights defenders in Kenya has in the last 12 years been receiving cases of threats and reprisals against HRDs in Kenya.
The HRDs investigating, reporting and calling out the perpetrators, they have been met with glaring life threats, intimidation and evictions by landlords who collude with the trigger-happy cops.
The Coalition is worried that the HRDs who help victims of EJEs and EDs do not get state protection as the victims they assist
The Defenders Coalition has been in the forefront in offering protection to the HRDS through, medical and psychosocial support, legal support and also relocation services.
However, the cases continue to increase with increased number of killings, media interviews, release of investigative journalism pieces and dissemination of reports consolidated by HRDs on Extra Judicial Executions and Enforced Disappearances.
In 2020 alone, Defenders Coalition has responded to 5 cases of HRDs who have either been physically assaulted by the cops, threatened and others intimidated through trailing and arbitrary arrests.
Our asks to the committee: