Police Must Stop the Use of Excessive Force while Enforcing the Curfew Order

March 27, 2020

The civil society’s Police Reforms Working Group, comprised of twenty national human rights organisations, condemn the unnecessary and excessive use of force by Kenya Police Service officers yesterday at the Likoni Ferry Crossing, Mombasa. The police actions completely betrayed the specific responsibility bestowed upon them by the President; to facilitate orderly passage of commuters on the Likoni crossing.

Alongside elected leaders and members of the public, we were horrified by the excessive use of police force contrary to the functions of the Police laid out in Article 244 of our constitution. Police indiscriminately threw teargas, frog marched and beat up members of the public trying to get home in time for the curfew. 

We also condemn the assault of Nation Media Group Journalist Peter Wainaina by a uniformed police officer during the operation. We remind the Police that journalists and media houses are among the essential services exempted from the curfew order as per the Schedule published by the Ministry of Interior. 

It is unbelievable that this violence took place two hours before the designated curfew time of 7.00pm. It is essential that Kenyan law and international human standards are respected. Police bear a duty to maintain public order and enforce the law. They may only use force when strictly necessary. Where the use of force is unavoidable, it must also be done with restraint.

We continue to receive testimonies from victims, eyewitnesses and video footage showing police gleefully assaulting members of the public in other parts of the country. We note that in most instances, few posed no immediate threat to the police officers or others. The use of force and beatings was unnecessary and unlawful. 

One day before the Likoni Ferry fiasco, the National Police Service Inspector General issued clear instructions to his officers. These instructions clearly state his commitment to hold sub-commanders accountable for any police actions that lead to congestion, crowding or violate social distancing rules. We ask him to honor his own word by disciplining the Sub-Commander in charge of yesterday’s fiasco. We also call upon Officers Commanding Station (OCSs) to be guided by the Bail and Bond Policy Guidelines as they deal with petty offenders at the station level. 

We further call upon the National Police Service Inspector General to restrain his officers from using teargas to avoid potential spread of COVID-19.  Hundreds were forced to cough, vomit, spit and touch their faces to wipe away tears and unblock their mouths and noses. If the operation was supposed to protect people from spreading the virus, the operation achieved the exact opposite. It is imperative that Ministry of Health guidelines on prevention of the spread of COVID-19 are followed by Police at all times. 

Police officers appear confused on who is included in the categories of critical and essential services on the first night of the curfew. We have testimonies from suppliers and trained medical practitioners who experienced intimidation and threats of arrest as they tried to provide services during the curfew. Their free movement must be protected.

Lastly, we call upon the Internal Affairs Unit of the National Police Service, the Independent Policing Oversight Authority and the Kenya National Commission for Human Rights to investigate all reports of excessive use of force and unlawful policing with a view to holding perpetrators individually responsible. We encourage members of the public to immediately report any intimidation, extortion or violence to these agencies. Public order management must not be used to inflict pain, fuel panic and fear at this at this difficult time.

We shall intensify our monitoring of the curfew in the public interest.

This statement is signed by the Law Society of Kenya – Mombasa and members of the Police Reforms Working Group, an alliance of several organisations committed to professional and rule of law policing. They include the Social Justice Centres Working Group, International Justice Mission, Independent Medical Legal Unit, Kenya Human Rights Commission, Defenders Coalition, Haki Africa, Amnesty International Kenya, International Centre for Transitional Justice, The Kenyan Section of International Commission of Jurists (ICJ Kenya), Usalama Reforms Forum, Federation of International Women Lawyers (FIDA-K) Legal Resources Foundation, Transparency International Kenya, Shield For Justice, Wangu Kanja Foundation, Peace Brigades International and Katiba Institute

Photo Credit: Daily Nation

PRESS STATEMENT BY THE NATIONAL VICTIMS AND SURVIVORS NETWORK, MISSING VOICES COALITION, MOTHERS OF VICTIMS AND SURVIVORS NETWORK AND THE KENYA TRANSITIONAL JUSTICE NETWORK ON THE COMMEMORATION OF THE INTERNATIONAL DAY FOR THE RIGHT TO THE TRUTH CONCERNING GROSS HUMAN RIGHTS VIOLATIONS AND FOR THE DIGNITY FOR VICTIMS

24 MARCH 2020

Kenya, like the rest of the world is navigating through an uncharted territory as we grapple with and impede the spread of the coronavirus, COVID-19. While we welcome the measures and mechanisms put in place by the government of Kenya, we note the following human rights concerns:

▪ The vulnerable and marginalized populations, in particular women and girls within informal settlements, and housing with population density are experiencing immense challenges in accessing adequate and quality water, sanitation, and adequate food;

▪ Security and safety for women and girls is threatened and not guaranteed as they seek scarce water for their households in a bid to comply with public health instructions of mitigating COVID-19;

▪ Continued challenges and barriers in accessing affordable, adequate and quality health care services in the already constrained health care system;

▪ Arrests and extortion of members of public by police officers who are taking advantage of lack of awareness of what is expected of them in respect of COVID-19; and

▪ Threat to, and occurrences of sexual and gender-based violence, in part driven by loss of livelihood, hence contributing to already worrying incidents of this violence, especially directed at women and girls.

As we point out these human rights concerns, we highlight that today marks an important international Human Rights Day that commemorates The Right To The Truth Concerning Gross Human Rights Violations And For The Dignity For Victims. We, the victims and survivors of the following gross human rights violations namely: summary executions, sexual violence during electoral periods in Kenya, enforced disappearances, and torture, together with our families, supporters, advocates and friends are commemorating this day to: –

 Honour the memory of victims of gross and systematic human rights violations and promote the importance of the right to truth and justice; and
 Pay tribute to Kenyans who have devoted their lives to, and lost their lives in the struggle to promote and protect human rights for all.

Collectively, we are concerned by the lack of political and good will to address gross human rights violations a practice that only perpetuates a culture of impunity, systematic exclusion and socio-economic inequalities that continue to spread to other aspects of our lives as Kenyans.

We, the victims and survivors of gross human rights violations in pursuit of truth and justice took part in the Truth, Justice and Reconciliation Commission (TJRC) process by submitting our statements, memoranda and by taking part in the hearings. We have subsequently and consistently petitioned various government agencies including the Office of the Attorney General and Senate’s Justice and Legal Affairs Committee calling for the urgent adoption and full implementation of the TJRC report. We are concerned by the protracted delay and failure by the Government to fully adopt and implement recommendations of the TJRC Report especially as regards reparations of victims. To-date majority of survivors and victims of these gross human rights violations contend with medical and psychological harm, loss of loved ones, loss of livelihood, stigma and fear.

In 2007/08 post-election period approximately 900 sexual violence were documented by the Commission of Inquiry into the Post-Election Violence (CIPEV) and in a sad turn of events during 2017 electoral period approximately 201 sexual violence were documented in 11 counties by the Kenya National Commission on Human Rights. The survivors of electoral related sexual violence of which the majority are women including those who bore children out of their rape ordeal are particularly perplexed that the government gazetted the TJRC report excluding its volumes IIA and IIC on sexual violence and other gross human NVSN

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rights violations. The vagaries, impact and consequences of this particular violation remain unrecognized and unresolved physically, socially, emotionally and are still felt to date,. Particularly when it is noted that these perpetrators that include police officers have not been held accountable.

Survivors of electoral related sexual violence victims filed constitutional cases numbers Constitutional Petition No. 273 of 2011 (CP 273/2011); Constitutional Petition No. 122 of 2013 (CP 122/2013); and, Constitutional Petition No. 15 of 2014 seeking redress that occurred during electoral periods. Unfortunately, these cases remain inordinately delayed more than 8 years.

We sadly continue to note occurrence of enforced disappearance and summary execution. In 2019, a report released by the Missing Voices Coalition disclosed that Kenyans witnessed 107 summary execution of fellow Kenyans by police officers. Most of these victims of summary execution are young Kenyan men from informal settlements.

In commemoration of this International Day For The Right To The Truth Concerning Gross Human Rights Violations And For The Dignity, we demand the following:-

1. The truth concerning H.E President Uhuru Kenyatta’s directive of March 2015 to the National Treasury for the establishment of the Kshs. 10 billion Restorative Justice Fund for purposes of healing and reconciliation to the victims of historical injustices. Further, the truth about what became of the Draft Policy and Regulations that were developed in partnership with the office of the Attorney in 2018 for purposes of anchoring the Restorative Justice Fund under the Public Finance Management Act No. 18 of 2012. We demand for the immediate and comprehensive reparations for all victims and survivors of gross human rights violations including their families from the Restorative Justice Fund (that should be increased according to the needs and numbers of the victims and survivors).

2. The truth behind the delay in full operationalization of the Victim Protection Act No. 17 of 2017 that provides for assistance and protective measures to victims of crime. We demand the urgent full operationalisation of this Act.

3. Truth as to why it has taken 2 years to fully operationalise the Prevention of Torture Act No. 12 of 2017 and the National Coroners Service Act No. 18 of 2017, which are useful human rights tool to curb extra judicial executions and torture by rogue police officers. We demand for immediate full operationalization and implementation of these laws.

4. Immediate adoption and full implementation of the TJRC report and its recommendations.

5. Prioritisation and the finalisation of court cases No. 273 of 2011 (CP 273/2011); No. 122 of 2013 (CP 122/2013); and, No. 15 of 2014.

6. Honouring of court awards and full compensation to the victims of Nyayo House Torture Chambers who have successfully sued the state and are yet to be paid.

Finally, during this perilous times of the Corona Virus (COVID-19), we urge the Government of Kenya to institute enough measures to contain and prevent the further spread of the killer virus and in so doing to observe, protect and promote human rights for all Kenyans regardless of their socio-economic status.

Thank you,

NATIONAL VICTIMS AND SURVIVORS NETWORK,

MOTHERS OF VICTIMS AND SURVIVORS NETWORK

MISSING VOICES COALITION

THE KENYA TRANSITIONAL JUSTICE NETWORK

The office of the Director of Public Prosecution (DPP) will next week set up a special fund through which billions of shillings amassed through corruption will be collected and returned to the public.

Director of Public Prosecution Noordin Haji said on Friday that his office will create the fund on Monday to ensure proceeds of graft are reclaimed and returned to society

“On Monday, we will conclude setting up of Prosecution Fund that will collect all monies that have been recovered from corruption,” Mr Haji told the media at Old Moses Camp at the base of Mt Kenya.

“We realised that the scourge of corruption and impunity is actually hindering our realisation of Chapter 4 of the Constitution, on the Bill of Rights.”

RIGHTS VIOLATIONS

The DPP also welcomed back a group of human rights activists who scaled Mt Kenya in a bid to create awareness on victims of rights violations.

He said part of the monies recovered from corruption deals will help the group set up a wellness and training center for human rights defenders in Nairobi.

Amnesty International’s Executive Director for Kenya, Mr Houghton Irungu said, “We must put an end to corruption and impunity to ensure every Kenyan has a right to dignity and safety, regardless of where they come from.”

Kamau Ngugi, Coalition for Human Rights Defenders Executive Director, said they climbed Africa’s second highest mountain to highlight the plight of human rights activists and the need for government organs to protect them against violation of their freedom of expression.

“Our key goal is not only to conquer the mountain but to also raise awareness about social injustices and raise money to construct a center for human rights defenders next year.”

Read the Full Story By Daily Nation Here:https://www.nation.co.ke/news/DPP-Haji-sets-up-Prosecution-Fund/1056-5384288-ljf3tp/index.html

30 November 2019 – Nairobi, Kenya.
The Defenders Coalition (National Coalition of Human Rights Defenders in Kenya) and the Working Group on Human Rights Defenders announced today the winners of the 2019 Human Rights Defenders awards during a ceremony held in Nairobi at the Residence of the French Ambassador.

The 2019 winners are:
Human Rights Defender of the Year: Wilfred Olal and Social Justice Centres Working Group
Upcoming Human Rights Defender of the Year: Benazir Mohammed and Intersex Persons Society of Kenya
Munir Mazrui Lifetime achievement: Denis Nzioka, Peninah Mwangi and the Late Onyango Oloo.

For the fourth 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 Defenders Coalition. “The good bit is that their work is appreciated by the society but their work is only known to the communities around them and the areas they have had an impact across the world. 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.

The Awards ceremony is an initiative of the Human Rights Defenders Working Group, currently presided by the Defenders Coalition and co- chaired by Belgium Embassy in Nairobi. 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:
Mr. Francis Ndegwa, Communications Officer, Defenders Coalition, 0705 692 347 francis@hrdcoalition.org

Notes to the Editors:
Further details on the 2019 Winners:
Human Rights Defender of the Year: Wilfred Olal and Social Justice Centres Working Group

Wilfred Olal
Wilfred is the coordinator of Dandora Community Justice Center and the Convener of the Social Justice Centers Working Group. He is a husband and a father of three kids. Apart from being a Human rights defender, he is a farmer and businessman in the supplies industry.
Olal started his Human rights work in 2005 by joining The Bunge la Mwananchi social movement as a member and rose to the position of the National Coordinator, where they advocated for the expansion of the civic space and a campaign on the right to protest against corruption and Impunity.
In 2014, he joined hands with other HRDs and came up with the idea of setting up social justice centres to advocate for social justice and Human rights in the informal areas of Nairobi. They started with Mathare social justice Centre, and later Dandora community justice Centre. The centres have since grown up to outside Nairobi and in September 2019, Rubaga social justice centres was launched in Kampala.

Social Justice Centres Working Group
The Social Justice Centres Working Group (SJCWG) is a consortium of 28 justice centres mainly based in Nairobi, Kisumu and Mombasa’s informal settlement. Collectively, the justice centres are a movement advocating for the realization of social justice within some of Kenya’s most marginalized communities. The SJCWG advocates and fights for the promotion of human rights in all spheres of their respective communities through documentation, monitoring, reporting of cases of Human Rights violations and holding of community dialogues within their areas of advocacy.

Upcoming Human Rights Defender of the Year: Benazir Mohammed and Intersex Persons Society of Kenya
Benazir Mohammed
Benazir is a an FGM survivor and Anti-FGM crusader from Garissa. She is a founder and has been working as the director of Silver Lining Kenya (SLK) for the last 3 years. Through this initiative, Benazir and her team advocate for the rights of young girls especially on education, reproductive health and ending different forms of GBV.

Other than being a HRD, she recently started a social enterprise called Pendo Africa Industries based in Garissa that makes re-usable sanitary towels, creating employment for local women and youth. Benazir’s human rights work is inspired by the young girls she mentors, who now can advocate for their rights and encourage other girls to speak out.

Intersex Persons Society of Kenya
IPSK is an initiative that started in Nairobi county on November 2016 to provide support and creating awareness as well as gathering data to establish the identifiable presence of intersex persons in Kenya, the identifiable presence of practice or beliefs that the human rights, dignity ,or lives of all such persons. IPSK works to develop tools and information suitable for advocacy, to be used in awareness campaigns towards an open, tolerant, and enabling society of intersex persons and their families. We also work towards the protection of dignity and elimination of human rights violations of intersex persons.

Munir Mazrui Lifetime achievement Award: Denis Nzioka, Peninah Mwangi and the Late Onyango OlooDenis Nzioka
Denis Nzioka is a Kenyan based LGBTIQ and sex workers rights activist. He is also a book author/publisher, trained journalist and parent. Currently, he volunteers his skills to build, and support African LGBTI and sex worker led movements in media, and online platforms and creating community resource portal for sexual and gender minorities. He is not just familiar with health and rights promotion for sexual and gender minorities, but one that lives the work and already has established and trusting contacts in the movements.
He was also the first to report on sex work organizing via the Denis Nzioka News Agency, something that earned him the Sauti Journalism Award for honest, balanced reporting, given by KESWA at the inaugural Kenya Sex Workers Awards. Denis has been a wonderful resource, peer mentor and close friend.

Peninah Mwangi
Peninah is a mother of one son and a guardian to 5 children, the eldest being18 years. All of them are children of sex workers. She began her human rights work more than 20 years ago. After college in 1998, she started to work as a bar hostess where learnt that violence including murder of women working in the bars or those doing sex work and based in the bars and brothels is not uncommon.

Together with other Bar Hostess and sex workers, they used to have sessions where they discussed horror stories of police who arrest and violate them, asking for sexual favors or jail for the girls. They agreed to form an organization to advocate for the rights of bar hostesses and sex workers. At the same time, HIV/IDS was at its peak in Kenya (national average of 33% prevalence) and was affecting sex workers and bar hostesses the most. In some bars they lost all the bar hostesses, there was a lot of stigma and panic in the bars.

Onyango Oloo
Onyango Oloo stood tall as a social justice and political activist amongst his peers of liberal democratic critics of the 1990s. He was well known in the community of activists, and after a stint in exile, Onyango Oloo worked mainly as an online activist, blogging and writing on various themes on political reforms in the country. In this characterization, I got to know the works of Onyango Oloo for almost 8 years. Onyango Oloo lived in life as a thorough going ideologue in neither want for material satisfaction nor the pleasure of keeping friends that he disagreed with. For good or for bad, he was very steadfast and principled.

Public Choice Award: Domtila Chesang
Domtila is a trained high school teacher, was born and raised up in the slopes of West Pokot county. She founded I Rep Foundation (I Am Responsible Foundation), a community-based organization which senstizies and carries out community empowerment campaigns. The campaigns are geared towards empowering the community with knowledge and information on negative effects of harmful cultural practices like Female Genital Mutilation and child marriages. She is an FGM survivor who took a stand against the vice despite being branded a coward. She is a full-time human rights defender.
She has successfully managed to directly and indirectly prevent and protect girls from falling victims of violence through a number of interventions and by working with other stakeholders. Domtila also rescues girls and host them temporarily, enroll them in her former boarding school which rescued and hosted her when she run away from home. She partners with them to mobilize resources, scholarships and food.

The 2019 Human Rights Defenders Award ceremony was hosted by the French Embassy in Nairobi, with the generous support of: Belgium Embassy, Netherlands Embassy, Germany Embassy, Haki Africa and Embassy of Sweden in Nairobi.

Dear President Emmanuel Macron,

We, the intellectuals, writers, and human rights lawyers undersigned, write to implore France to strengthen its commitment to the resolution of the Anglophone crisis in Cameroon, described by some analysts as “Rwanda in slow motion”.

Specifically, we respectfully urge France to use its considerable influence on the government of President Paul Biya to encourage Cameroon to openly join the peace talks led by Switzerland, which would make it possible to stop the murders and atrocities perpetrated in the country. North West and South West regions of the country. A durable solution must come from a mediation process that includes English-speaking armed separatist groups and non-violent civil society leaders.

It’s urgent; the dehumanizing violence in Cameroon must not reach the same scale as that which occurred in Rwanda in 1994. On the one hand, non-state armed groups and bandits use machetes to maim, torture and decapitate, on the other hand. Government forces commit crimes against humanity such as extrajudicial executions and burnt villages. Journalists, opposition politicians and other civilians are wrongly detained. More than half a million Anglophones are displaced while fleeing violence. Hundreds of thousands of children have missed school for more than three years, and according to recent United Nations reports, 1.4 million people are at risk of starvation.

France and the international community may be aware that the recent Grand National Dialogue organized by Cameroon did not adequately address the Anglophone crisis. As a result, violence has persisted in English-speaking areas since the end of the dialogue on October 4.

The Great National Dialogue and the release of political prisoners have been a step in the right direction. However, the dialogue does not address the root causes of the conflict; it excluded any discussion of other forms of governance and did not offer sufficient security guarantees to diaspora and separatist leaders. In other words, it did not put an end to the atrocities or produced an acceptable or viable political solution for the English-speaking regions. The talks led by Switzerland now seem to be the only way to reach an appropriate political solution, through an inclusive negotiating table.

Read the Full story here: https://ewn.co.za/2019/11/18/open-letter-to-president-macron-on-human-rights-abuses-in-cameroon

31 OCTOBER 2019,

Nairobi Kenya.

The Police Reforms Working Group Kenya (PRWG-K) brings together over 27 local, 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 role that the Judiciary plays in the criminal justice system in Kenya. The Judiciary, under the Constitution of Kenya 2010 is established as an independent organ of the State. Article 159 proclaims that Judicial Authority is derived from the people.

Particularly since the promulgation of the Constitution of Kenya 2010, the Judiciary has distinguished itself in taking up the challenge of enhancing access to justice, transparency and accountability in Kenya in line with Article 48 of the Constitution.

We wish to draw your attention to the National Treasury Circular No. 14A dated 24th September 2019 that was addressed to all cabinet secretaries and accounting officers to the effect that the budgets for government ministries, departments and agencies have received drastic cuts.

The circular, among other things purported to slash 50% of the Judiciary’s budget. Incidentally, the circular cited revenue shortfalls and the need to raise funds for the Big 4 Agenda as the justification for the budget cuts. 2

The PRWG believes that the Judiciary is an independent and co-equal arm of government, alongside the Parliament and the Executive. The Judiciary is neither a government ministry, department or agency and ought not to have been addressed, or even affected by the circular to ministries, departments or agencies.

Whether or not, and how the government funds its flagship Big Four Agenda, though important, is a matter of executive priority within its own departments and should not affect the budget of another organ/arm of government.

On the contrary, adequate housing, manufacturing, comprehensive healthcare and food security are dependent on low crime rates, human rights and a conducive business environment. These require a functioning Judiciary for the arbitration and settlement of disputes and dispensation of criminal justice in a timely and consistent manner.

Indeed, Article 173 of the Constitution of Kenya has provided for the establishment of an independent Judiciary Fund meant to provide the Judiciary with financial security. This is yet to be realised.

As a result of the budget cuts, the Judiciary has since announced that dozens of courts around the country will be suspended, which will affect more than 15000 cases. We believe that this will greatly affect access to justice by the people of Kenya including the very marginalised in society contrary to Article 48 of the Constitution. It will also cripple the fight against corruption despite the investments in the Directorate of Criminal Investigations (DCI), the Office of the Director of Public Prosecutions (ODPP) and police reforms.

The PRWG also notes that the President has declined to gazette the names of 41 Judges forwarded to him by the Judicial Service Commission, citing concerns about their character. We would like to remind the Executive arm of the Government that the Constitution of Kenya transferred the powers to select and appoint away from the President in order to inculcate 3

judicial independence. The role of the President in Judicial appointments is merely ceremonial. This position has been canvassed and confirmed by the Courts.

The PRWG believes that the budget cuts and the refusal to gazette Judges is a dangerous development that seeks to, in effect, subject the Judiciary to domination by the Executive.

We therefore recommend that: –

1. A. Treasury immediately recall/withdraw the circular that purported to effect the budget cuts to the Judiciary.
2. B. Treasury immediately disburse all the monies to the Judiciary as per the Annual Estimates passed by the National Assembly.
3. C. Executive acknowledge that the Judiciary is an independent arm of government and ought not to have been addressed by a circular to government ministries, departments and agencies.
4. D. National Assembly and Executive operationalise the Judiciary Fund as required by the Constitution – to ensure financial and functional independence.
5. E. Names of the 41 Judges forwarded to the President be immediately gazetted.

We, the undersigned Police Reforms Working Group:

1) Defenders Coalition

2) Kenya Human Rights Commission

3) Independent Medical Legal Unit

4) Federation of Women Lawyers Kenya

5) Kenya National Commission on Human Rights

6) International Commission of Jurists Kenya

7) International Justice Mission

8) Amnesty International Kenya

9) Usalama Reforms Forum

10) International Centre for Transitional Justice

11) Legal Resources Foundation

12) Rights Promotion and Protection Centre.

13) Catholic Justice and Peace Commission

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14) Coalition on Violence against Women.

15) Centre for Minority Rights.

16) Constitution and Reform Education Consortium

17) Kenyans for Peace, Truth and Justice.

18) Peace Brigade International

19) Chemi Chemi ya Ukweli

20) KATIBA Institute

21) Shield for Justice

22) Wangu Kanja Foundation

23) Women Empowerment Link

24) Transparency International – Kenya

25) Kariobangi Paralegal Network

26) HAKI Africa

27) Africa Centre for Open Governance (AfriCOG)

65^th Ordinary Session of the Africa Commission on Human and Peoples’ Rights

Human Rights Defenders Situation in Kenya

23^rd October 2019

Statement by NATIONAL COALITION OF HUMAN RIGHTS DEFENDERS-KENYA (Defenders Coalition)

Madam Chairperson, distinguished Commissioners, State Delegates, representatives of NHRIs and NGOs.

On behalf of the National Coalition of Human Rights Defenders -Kenya (Defenders Coalition), I thank the Commission for this opportunity to raise some of the key human rights concerns from Kenya.

We are particularly concerned that the legitimate role of protection and promotion of human rights carried on by human rights defenders and Civil Society Organizations is criminalized and target for reprisal by both state and non-state actors. Below are a few incidences of violation of human rights fundamental freedoms of human rights defenders in Kenya:

Freedom of Expression:

On 3 May, World Press Freedom Day, Kenya news consumers, rights activists, media trainers, and practitioners highlighted soft censorship as the latest means used by entities to whip the media into compliance. Kenyans noted how commercial interests, partisanship, social media and political ownership of news outlets are the greatest threat to media freedom in Kenya.

For the first time, Kenya’s national census included a third gender – intersex – to the list of responses, in a move applauded by advocates. In an attempt to be more inclusive, the census also included new tribal categories for indigenous peoples who in previous decades were either not counted at all or lumped together with larger tribes that they have long accused of stealing their land and threatening their ways of life.

Freedom of Association:

On May 24, Kenya’s High Court upheld criminal sanctions on same sex relations. This decision was made despite testimonies from LGBT+ Kenyans describing the ways in which the criminalization dismisses them as equally deserving of human rights. This was aimed at repealing colonial-era sections of the criminal code, spearheaded by Kenyan LGBT+ human rights defenders and lawyers.

In August 2019, evictions of almost 60,000 people from the Mau Forest was conducted and is still ongoing even though adequate investigations into similar  human rights abuses by security officials during in July 2018. At least nine people died, including two children, in the eviction process since 2018.

Freedom of Peaceful Assembly:

Harassment, intimidation and detention of Human rights activists has also continued. On 30th April 2019, a Woman Human Rights Defender was arrested for participating in a peaceful protest dubbed #BeyondZeroCorruption.The HRD was in the cells for close to 10hours and was later released without any charges being preferred against her.

On 6 May 2019 a Human rights activist was also arrested for allegedly plotting a revolution. The police indicated that they had reason to believe that the Human Rights Defender had information that alleged organisation of a revolution that is likely to cause civil unrest and breach of peace. This arrest came just five days after he led peaceful demonstrators “Beyond Zero Corruption” campaign where they clashed with police.

On 16 May 2019, the United Nations urged LGBT+ refugees in Kenya to show “calm and restraint” after protests demanding better treatment turned violent, with police firing tear gas and arresting more than 20 demonstrators. More than 23 LGBT+ refugees have been arrested and are facing charges such as illegal assembly, creating a disturbance and assaulting police officers.

In March 2019, Public Order Act Amendment Bill 2019 was presented to the National assembly which includes intended provisions for organisers of public meetings or public processions leading to loss of property, life or earnings to take responsibility for the loss and compensate the affected persons. While there is general consensus by CSOs that the Public Order Act needs to be amended substantially or replaced by a new law, we note that this Bill seeks to further restricts the right to freedom of assembly and unduly punishes conveners of protests instead of calling on police to carry out their role to facilitate peaceful protests.

Most of the incidents reported by HRDs include threats of arrest, warnings against posting information about police brutality, home and office raids, and confiscation of laptops and other items. The National Coalition of Human Rights Defenders documented up to 20 cases where activists suffered these intimidation tactics. Article 11 of the African Charter of Human and Peoples Rights and international law standards that safeguards the right to peacefully assemble.

In light of these updates and observations, we urge the African Commission on Human and Peoples’ Rights to:

• Call on the Kenyan Government to provide a conducive legal environment that will ensure Civil society members, journalists and human rights defenders operate in a safe and secure environment without fear of reprisal.
• Call on the Kenyan government to cease arbitrary arrests of Human Rights Defenders  who work towards ensuring that Kenya promotes and protects human rights as stipulated in the constitution.
• Urge Kenya to apply systematical legal provisions that promote and protect human rights and establish mechanisms that protect human rights activists by adopting a specific law on the protection of human rights activists

• Call on the Kenyan government to ensure strong public statements recognizing the legitimate and important role of human rights defenders and that all alleged attacks against human rights defenders are promptly and thoroughly investigated.

I thank You

Delivered By Kamau Ngugi, Executive Director, Defenders Coalition

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:

• The entire recruitment and appointment process of the current board
• The legality of remuneration and salaries of the current board vis a vis the IPOA Act and other Statutes, regulations and policies
• The circumstances surrounding the Board members posturing as Commissioners in public and the change in IPOA’s branding to refer to the board members as commissioners. This situation has caused confusion both internally and among stakeholders and should be addressed as a matter of urgency.
• To investigate the possible existence of arbitrary use of power by the Board.

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:

1. Defenders Coalition (National Coalition for Human Rights Defenders Kenya)
2. Kenya Human Rights Commission
3. National Coalition for Human Rights Defenders
4. Independent Medical Legal Unit
5. Federation of Women Lawyers Kenya
6. Kenya National Commission on Human Rights
7. International Commission for Jurists.
8. International Justice Mission
9. Amnesty International- Kenya
10. Usalama Reforms Forum
11. International Centre for Transitional Justice
12. Legal Resources Foundation.
13. Catholic Justice and Peace Commission
14. Coalition on Violence against Women.
15. Centre for Minority Rights
16. Kenyans for Peace, Truth and Justice.
17. Peace Brigade International
18. Chemi Chemi ya Ukweli
19. Katiba Institute
20. Shield for Justice
21. Wangu Kanja Foundation
22. Women Empowerment Link
23. Transparency International-Kenya
24. Kariobangi Paralegal Network

“Deteriorating economy, looting of resources and electoral apathy may cause the already fragmented society to degenerate into clashes,” says NCHRD boss Kamau Ngugi