Helpline: 0716 200 100
To champion the safety, security and wellbeing of Human Rights Defenders.
PRESS STATEMENT ON THE ARREST OF FOUR HUMAN RIGHTS DEFENDERS
10th Oct 2019
Nairobi, Kenya
PRESS STATEMENT ON THE ARREST OF FOUR HUMAN RIGHTS DEFENDERS: KIMANI NYOIKE, KENNEDY CHINDI, ANTONY MUGENDI AND GEOFFREY MUGENDA
Defenders Coalition strongly condemn arrest and incarceration of four Human Rights Defenders (HRDs) in the afternoon of 9th October 2019 next to August Memorial Park. The four who were arrested by plain clothed officers in unmarked police vehicle had earlier on participated in a peaceful protest in Nairobi to condemn escalating youth unemployment in Kenya.
The unprovoked arrest comes in the heels of other similar arbitrary arrests of HRDs whenever they held peaceful protests despite notifying the police as required by law. Other HRDs have been victim of falsified criminal charges and other punitive measures aimed to instil fear in them to stop their work particularly in matters touching on police corruption, abuse of power or criminal activities by some officers that have increased in recent days.
Defenders Coalition is concerned that intimidation and harassment of rights defenders is becoming the norm in Kenya despite assurances by senior police and government officials of cordial engagement between police carders, ordinary citizens and rights champions in order to fight crime.
Although their unconditional release this morning after spending a night in police custody is a welcome relief, we are concerned that the police has threatened to charge the four in court with a tramped up charge of committing robbery with violence, a capital offense that not only attracts death penalty or life imprisonment but also makes it harder to access pretrial bail.
Defenders Coalition has recently raised alarm over escalating impunity of violations against human rights crusaders, violent dispersing of protests and criminalization of the Right to Protest. The police in Kenya are leading in reported cases of violating defenders’ rights through physical assault, arbitrarily arrests, and malicious prosecution of cases that are tramped up. This is unacceptable and must be stopped in a democracy like Kenya.
On 7th October 2019, 13 human rights defenders were arrested in Mombasa while holding a peaceful protest against monopoly of SGR in transportation of goods that has affected livelihoods of residents of the coastal region in the trucking business. The13 were accused of causing disturbance and incitement to violence.
On Saturday 20th July 2019, twelve human rights defenders were arrested on their way home from a team building session and Human Rights Defenders party at the New Mathare Community school in Nairobi despite timely notification to the authorities. They were presented in court to be charged with the crime of being drunk, incitement to violence and causing damages to property at the police station. The court and office of the director of public prosecutions (ODPP) found the allegations laughable and unmerited hence dismissed them.
We call on the National Police Service Commission (NPSC), Independent Police Oversight Authority and the Kenya National Commission on Human Rights to proactively enforce their mandates to ensure human rights and fundamental freedoms of Kenyans are respected and protected.
We further call on the ODPP to investigate ongoing abuse of the justice process by the police that prefer trumped charges against human rights defenders in order to curtail their work.
Signed:
Kamau Ngugi,
Executive Director, Defenders Coalition
For media enquiries or to arrange for interviews contact |Francis Ndegwa| francis@hrdcoalition.org| 0721 443 397 | Communications Officer at Defenders Coalition|
TO ALL MEDIA HOUSES
26th September 2019
The Police Reforms Working Group Kenya (PRWG-K) brings together over 23 National and International Human Rights Organizations that seek to advocate for reforms within the National Police Service. The Police Reforms Working Group-Kenya is premised on four pillars namely; Quality Service; Accountability; Public Participation and Police Welfare.
The Police Reforms Working Group Kenya (PRWG-K) recognizes the independence of the IPOA as provided for in law, and which must be guarded.
We are deeply concerned about the recent developments at IPOA, resulting in an impasse at Board level, dismissal of the Chief Executive Officer and negative consequences on the Secretariat. The latter, we are afraid, is affecting the Secretariat’s relationship with us as stakeholders, with regard to effective and efficient operations, including their independence of action as required by law.
We do believe that the process that led to the appointment of current board, and subsequent assumption of full time status may be the genesis for the current situation within IPOA.
We therefore call upon the Parliamentary Committee on Administration and National Security to institute an inquiry on the happenings at the Board of IPOA to remedy the situation. In doing so, the Parliamentary Committee must of necessity investigate and review:
In doing, we call upon the Parliamentary Committee to ensure that the services of the Secretariat continue as they carry out their investigations.
We also call upon the Public Service Commission and National Treasury to safeguard the independence and continued operation of the IPOA Secretariat to ensure that services to victims continues uninterrupted.
In our understanding, the Board of any independent body is a policy and oversight body not an operational one. The current situation in IPOA dictates otherwise and therefore the need to review the status quo with regard to the Board.
We remain supportive of the IPOA team as we recognize the critical role it plays in driving the police reforms transformational agenda.
We call on Kenyans to resist any attempts to erode the hard fought independence of IPOA for the safety and security of all.
We, the undersigned Police Reforms Working Group:
On Saturday, 14 September 2019 was an awesome day for human rights protection. 55 human rights defenders from Nakuru, Nairobi, Kiambu and Kajiado counties Climbed the Beautiful Mount Longonot. The climb was the first in a series of mountain Hikes under the #ClimbForJustice campaign to raise funds to set up a Rights Defenders Centre for wellness, research, creativity and training. All the climbers made it up to the top of My Longonot. This was achieved by determination and team-work by all the climbers. There were no reported accidents/injuries. We thank all comrades who cheered the climbers online and via phone calls.
We take this opportunity to thank all Kenyans who have joined us for this Campaign. Preparations are on high gear for the next climb at William Hills, Kereita on 5th October.
Register to join the next climb.
Call +254716200100
or
Email climb@hrdcoalition.org
or
Support a Climber via Mpesa PAYBILL 810896. Account: Your Name/Climbers Name
30 Aug 2019
Nairobi,Kenya
DEFENDERS COALITION CONDEMNS THE ENFORCED DISAPPEARANCE AND KILLING OF HUMAN RIGHTS DEFENDER, ESTHER MWIKALI WAMBUA
The United Nations declared 30th August as the day that would be observed globally as International Day for Victims of Enforced Disappearances to raise awareness that enforced disappearance is a crime, should not be used as a tool to deal with conflict and as reminder about the victims and the impact that the disappearance have on the families and communities.
Sadly, the killing of Land Rights Activist Esther Mwikali (57) whose body was discovered on Tuesday 27 August 2019 dumped in a farm near her homestead, other human rights defenders and escalating extra-judicial killings is a reminder that this crime is routinely practiced in Kenya with impunity.
As we mark the International Day of Victims of Enforced Disappearances, the National Coalition of Human Rights Defenders – Kenya (Defenders Coalition) calls on relevant state agencies, more so the National Police Service and Office of Public Prosecutor to bring to an end the culture of enforced disappearances and extra- judicial killing that has creeped into regular policing and settling scores by non-state actors.
Enforced disappearances is a tactic used to subjugate people and put communities in fear and involves kidnapping individuals who speak out against oppression and other injustices. Human Rights Defenders (HRDs) in Kenya have been regular target of enforced disappearance, torture and other traumatising experience which has culminated into deaths. In February 2019 human rights defender Caroline Mwatha of Dandora Justice Centre was disappeared and later found dead. Some arrests were made and individuals charged. Human rights lawyer Willie Kimani together with his client Josephat Mwendwa and their taxi driver Joseph Muiruri were disappeared before their bodies were found dumped at Oldonyo Sabuk in June 2016.
Defenders Coalition strongly condemns the disappearance on Monday, 26th August 2019 and eventual killing of Esther Mwikali. The search party comprising of human rights defenders and local people from Murang’a county found her dead in a thicket. Her eyes had been gouged out and sticks inserted into her private parts. She was killed alongside another individual.
Mwikali was a renowned land rights human rights defender from Mithini, Makuyu, Murang’a County who led other community members to defend their ancestral land from being evicted from a piece of land that was claimed by local tycoons in the area.
Like other HRDs families, Esther and her family were subjected to threats from unknown people as a result of her work. Her community members who are squatters in the area have also been subjected to these threats.
NCHRD-K thus calls on:
For more information or to arrange for interviews contact |Francis Ndegwa| francis@hrdcoalition.org| 0721443397 | Communications Officer at NCHRD-K| www.defenderscoalition.org|
June 2019
Nairobi Kenya
The National Coalition of Human Rights Defenders – Kenya (NCHRD-K) strongly condemn the recent threats to human rights defenders from the Ogiek People’s Development Program (OPDP) in Nakuru County. There has been death threats against Mr. Kobei, the Ogiek People’s Development Programme Director, two other colleagues from the community leaders and threats against the closure of the organization.
On May 26 2017, OPDP went to the African Court to petition the Ogiek case which had seen perpetrators want to pave way for an easy settlement in the Mau forest, ignore and ensure a non- implementation of their case. Following an eight year legal battle, this right was however affirmed by the decision of the African Court that has asserted community right to land.
The OPDP and its leadership has for many years received threats because of their active agitation of the land rights of indigenous Ogiek community living in the Mau Forest.. The recent threats started when despite delayed implementation of the decision, the Kenyan government set up a taskforce to receive views from various stakeholders to inform the implementing the court decision. OPDP mobilized its members who have articulated their claim to land right, plans for rehabilitation of the forest and recommended annulling of titles deeds issued to private citizens following excision of the forest.
The beneficiaries of the forest land have vowed to reverse this through various legal and extra-judicial strategies including threats and intimidation of Indigenous peoples rights activists.
The National Colaition of Human Rights Defenders-Kenya call on:
Signed:
Kamau Ngugi
Executive Director,
National Coalition of Human Rights Defenders – Kenya
For more information or to arrange for interviews contact |Francis Ndegwa| francis@hrdcoalition.org| 0721443397 | Communications Officer at NCHRD-K
19th June 2019
Nairobi, Kenya
The National Coalition of Human Rights Defenders – Kenya (NCHRD-K) strongly condemns the arrest of two Human Rights Defenders (HRDs), Davis Malombe and Julius Kamau, who were taking part in a peaceful demonstration, (#IAmTheSudanRevolution) in solidarity with the people of Sudan, calling an end to the mass atrocities being committed by the Sudanese Armed Forces and the Transitional Military Council (TMC) .The constitution of Kenya Article 37 clearly encourages the Rights and fundamental freedoms of assembly, and demonstration.
In the last one month, the people of Sudan have been subjected to brutal crackdowns on peaceful demonstrators, sexual violence for both women and men, media and internet shutdown amongst others. Human Rights Defenders and the public drawn from the most African and West African countries have come together to form the #Africans4Sudan movement to help lobby the governments and African and International Bodies to exert pressure on the Sudanese military to ensure a civilian led transitional authority established.
NCHRD-K is concerned with the growing disregard of notifications to demonstrate, by security agents in the country. On 14th June 2019, HRDs had notified the OCS central police station about the demonstration and requested for security. The arrest comes barely two months after the arrest of Kenyan Activist Beatrice Waithera on 30th April 2019 while participating in an anti-corruption protest in Nairobi. NCHRD-K is also concerned with the threats to curtail the freedom of association by the various government officials including through legislation.
We therefore call for:
Signed
Kamau Ngugi,
Executive Director, National Coalition of Human Rights Defenders Kenya
For more information or to arrange for interviews contact |Francis Ndegwa| francis@hrdcoalition.org| 0721443397 | Communications Officer at NCHRD-K
INTRODUCTION
Civic space in Kenya continues to be under pressure as a range of actions are being directed against the work of Human Rights Defenders (HRD) and Civil Society organizations in Kenya. Physical attacks, criminal and administrative actions, 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 and development partners concerned with the protection of HRDs, is organizing the fourth edition of the HRD Awards on the 29th of November 2019. The aim of the ceremony is to honour and publicly recognize the important work of HRDs in Kenya, by giving out awards to men and women who have demonstrated courage 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) and other partners. This call outlines the criteria for eligibility for nomination.
A panel then shortlists five individuals per category within the set out guidelines for shortlisting candidates.
The panel verifies the HRDs human rights work through field visits, and interviews with the nominators, the nominees and their references.
The Independent Selection Panel, which comprises of eminent individuals in the human rights sector, will decide who will receive the awards based on the profiles of the nominated HRDs.
Will be held on the 29th November 2019 in the presence of CSOs, the government, selected HRDs from across the country, representatives from the international missions, and the media who will cover the event.
SELECTION CRITERIA
The following will be taken into consideration:
The winners will receive:
To nominate your favorite HRD: Download the Nomination Form Here
All nomination forms should be sent back to the NCHRD-K via advocacy@hrdcoalition.org with a clear subject line “HRD AWARD NOMINATION” by 15th July 2019, 11:59 pm.
PRESS STATEMENT
2nd May 2019
The Police Reforms Working Group-Kenya would like to strongly condemn the gruesome murders of Kamaindi Location Chief Japheph Mayau Mukengu and the Chuka Officer in Charge of Police tation Mr Joshua Kinyua.
According to media reports, Chief Mayau was hacked to death by angry locals from Kamaindi who allegedly accused him of killing his neighbor in 2018, detaining goats of a local after they had grazed on his farm and diverting water from the drying River Thuci to their land at the expense of those living downstream.
OCS Kinyua was in the company of twelve other police officers and had gone to effect the arrests of one of the suspects who they had traced at Ugweri trading center in Embu. The suspect raised an alarm attracting a crowd, forcing the police to shoot in the air. As the police dispersed the crowd, the suspect hacked Kinyua, who later succumbed to his injuries.
We call upon the National Police Service (NPS) and specifically the Directorate of Criminal Investigations (DCI), including the Independent Policing Oversight Authority (IPOA) to investigate the incident that also saw an alleged shooting to death of a resident by the police.
We acknowledge the swift response and action of the Government to deploy more security officers assist with maintaining law and order as these unfortunate incidents being investigated. In doing so, we call upon security personnel involved in the operations to work within the confines of the law and with respect to the 6th Schedule of the National Police Service Act 2011 on the use of force.
We strongly differ with the views of the Eastern Regional Commander Ms Eunice Kihiko who has allegedly condemned the entire community. We caution that her remarks may lead to collective punishment and unwarranted use of excessive force by the Police. No matter the justification, there should be other avenues of conflict resolution instead of attacking chiefs or police officers. There should be effective complaints and redress mechanisms that aggrieved civilians can use to channel their grievances and seek justice whenever they feel wronged by government officers and the police.
We call on the locals in Kamaindi to cooperate with and share any relevant information with security personnel investigating these unfortunate incidents.
…………………………………ENDS…………………………………
Signed by Members:
National Coalition of Human Rights Defenders Kenya (NCHRD-K)
Independent Medico-Legal Unit (IMLU)
Kenya Human Rights Commission (KHRC)
International Centre for Transitional Justice (ICTJ-K)
International Commission of Jurists –Kenya (ICJ-K)
Legal Resources Foundation (LRF)
International Jurists Mission (IJM)
Kenya National Commission on Human Rights (KNCHR)
Rights Promotion and Protection Centre (RPP)
Federation of Women Lawyers in Kenya (FIDA-K)
Coalition on Violence against Women (COVAW)
Kenyans For Peace, Truth and Justice (KPTJ)
Usalama Reforms
Amnesty International – Kenya
Transparency International – Kenya
Katiba Institute (KI)
Peace Brigade International (PBI)
The Institute for Social Accountability (TISA)
The Sengwer are a minority and marginalized hunter-gatherer indigenous community who occupy
present-day West Pokot, Trans-Nzoia, and Elgeyo Marakwet Counties. Over the years, the Kenyan
government, through the Kenya Forest Service (KFS) and other security agencies has made
attempts to evict the indigenous group from their land in Embobut forest under the guise of forest
conservation. These forceful evictions intensified in Embobut forest in December 2017. The Sengwer
homes were torched, crops and household items destroyed and their livestock disappeared. The
Sengwer community, particularly women, cried for help that hardly came.
These forceful evictions are human rights violations of the Sengwer as well as an infringement of
their rights to customary sustainable utilization of forest resources. In addition, the evictions deprive
the community the means of subsistence, integral to their identity, cultural survival, and forest life. It
is important to note that Article 63 of Kenya Constitution 2010 prescribes that an indigenous group
cannot be evicted from their ancestral territory without their Free, Prior and Informed Consent (FPIC).
See the Fact Sheet of the Research here: https://wp.me/aagr4K-Nw
Download the full report here: Race against Extinction 20181109 (2) (1)
PRESS RELEASE
WINNERS OF THE 2018 HUMAN RIGHTS DEFENDERS AWARDS ANNOUNCED
30 November 2018 – Nairobi, Kenya.
The National Coalition of Human Rights Defenders – Kenya (NCHRD-K) and the Working Group on Human Rights Defenders announced today the winners of the 2018 Human Rights Defenders awards during a ceremony held in Nairobi at the Residence of the Belgian Ambassador.
The 2018 winners are:
For the third consecutive year, and chosen by an independent selection panel of eminent Kenyans, chaired by Dr Willy Mutunga, the three different awards were handed out to the winners for their outstanding work in the field of human rights. Some of the selection criteria included civil courage, leadership, innovation, demonstrable impact of the Human Rights Defender’s work on the community, and creativity.
“In every community, there are individuals who stand out. They defend human rights, and they do so at times under very extraordinary circumstances,” says Kamau Ngugi, Executive Director of the National Coalition of Human Rights Defenders. “The good bit is that their work is appreciated by the society but they are rarely honoured with state commendations. The awards ceremony is a special occasion to honour those courageous individuals who do excellent work within our communities.”
The objective of the Awards ceremony is to honor the extraordinary work of Human Rights Defenders in the protection of human rights while they face many challenges in their capacity of agents of social change and transformation. An important aim of the awards is to improve the safety and protection of Human Rights Defenders as they benefit from the visibility and international recognition.
“As a country, Belgium strongly believes that respect for human rights is one of the cornerstones of a democratic society, as well as of development,” says H.E. Nicolas Nihon, Ambassador of Belgium to Kenya. “Human rights and the protection of Human Rights Defenders are a very important part of our foreign policy and we believe that solidarity in this domain is essential.”
The Awards ceremony is an initiative of the Human Rights Defenders Working Group, currently presided by the National Coalition of Human Rights Defenders of Kenya and co- chaired by Belgium. The Working Group brings together civil society organizations, activists and development partners to pursue the universal goal of protecting human rights and the defenders of these rights.
For more information, or interview requests, please contact:
Notes to the Editors:
Further details on the 2018 Winners:
Anastacia Nambo
Anastasia is a mother, a preacher by profession and an avid advocate of environmental rights. She started her human rights defence work in 2009 when a metal refinery was established in the Uhuru Owino slums without community consent or consultation. The adverse effects of the metal refinery led to active advocacy and lobbying by Anastasia and community members. Their struggle bore fruit in 2014 when the refinery was closed. Anastasia and the community have undergone various challenges including demolition of their homes, she has faced verbal attacks, threats through texts and attempts to break into her home. To deal with these challenges she sought refuge in Uganda for some time. She also realized that she had to have resilience to overcome some of the challenges. However, these challenges do not deter her from her quest for justice. The award will encourage members of her community that despite the challenges and struggles involved in advocating for what is right, there is hope of celebrating their successes with the world.
Is’haq Abubakar
Is’haq was born and educated in Lamu County where he is a public relations manager working with the indigenous community. He is also a human rights defender focusing on environmental rights issues. Is’haq was initially involved with the Wanaharakati Okoa Lamu Community Based Organisation (CBO), which his father founded together with Imams in Lamu. He however then went on and co-founded Save Lamu, an umbrella of CBOs established in Lamu in the onset of the LAPSSET project. Save Lamu sensitizes the community on the environmental impact of the LAPSSET project and represents the interest of the community by seeking legal redress through an environmental petition filed on human rights violations associated with the LAPSSET project. Is’haq is also the founder of Lamu Coastal Indigenous Peoples Right for Development. His father’s work and legacy is his greatest inspiration and keeps him going despite the challenges he faces in his human rights work. He has experienced threats from anonymous people and police harassment, which he has overcome through strategic partnerships with mainstream organizations in the country such as NCHRD – K, MUHURI and KNCHR. Is’haq believes that the award will legitimize his work, encourage and enhance efforts of HRDs in Lamu to work openly and in partnership with duty bearers in defending indigenous peoples’ rights.
Christine is a mother, an accountant and a woman leader in her Endorois community. Over time, Christine has grown to be a strong human rights defender advocating for the rights of the Endorois community both at a local, national, regional and international level. She has placed special focus on Endorois women land rights through her work with the Endorois Welfare Council (EWC) as a Program Officer – Women’s Land Rights. As a human rights defender, she advocates against FGM in the community and for the empowerment of the Endorois women and girls. She has also trained women in her community on their rights which has boosted their participation and confidence in the community. One of her
successes was when she represented her community and strongly articulated issues affecting her community at the African Commission on Human and Peoples Rights (ACHPR) session in 2011. She was able to share the progress of the case that the community won in 2010 at the same session in Banjul, The Gambia. Christine has walked the fine line between being a woman from a conservative community and leading from the front as part of the community negotiating team, despite being a woman with a disability. The award will boost her spirits and will provide her a platform to advance the Endorois community case, as well as highlight the plight of indigenous women land rights.
Okiya Omtatah Okoiti is a member of the Catholic Church who believes in the social doctrine of the Good Samaritan, and the call to be the salt of the earth as a witness of Jesus Christ, which influences his work. He is also a published author and an accomplished playwright who has published five plays in Kenya and in the USA. As a HRD, he mostly engages in civic action in defence of human rights for he believes a human being is created in God’s image and likeness and, therefore, must be respected in all circumstances. He advocates for rights through litigation as the outcome goes on record and becomes part of the law. He has prosecuted many cases on various issues to defend the Constitution and uphold the rule of law, because he believes that if the law is respected, violations of human rights will not occur. Okiya has been active in human rights for decades. One of his key earliest successes being his campaign in 1994 against the attempt by powerful individuals in Government to illegally acquire the land occupied by the National Theatre in Nairobi so that they could construct a silo for parking cars on it. He also notes that an important achievement for him as a creative writer was to defend the freedom of creative expression in the petition he successfully filed against the Government’s decision to ban a stage play titled Shackles of Doom, which was a winning script performed during the year 2013 National Drama Festivals by Butere Girls High School. As a result of his success, the girls were able to perform their play at the National Finals in Mombasa, with the Court ordering the Government to foot their bill. What is outstanding about Okiya is that he is driven by conviction in the worth of his work, which has served him well. He believes that winning the award will profile his work and offer him a veil of protection.