20 climbers have registered to go across the border to hike Mount Kilimanjaro in support of #ClimbForJustice camapaign.
The team will leave Nairobi on 13 February, where they will embark on an- 8 day expedition which will see them summit point Uhuru. They are to return to Nairobi on 20th February.
This is an incredibly exciting moment for us at Defenders Coalition and our avid supporters. This follows another milestone in 2019 when we successfully summited Mount Kenya on 12th December.
When Defenders Coalition and friends of the Coalition founded the Climb for Justice initiative two years ago, we did so with a simple, but bold idea: to provide the opportunity for everyone, to be part of anchoring human rights in Kenya and beyond by raising funds to establish a home for human rights defenders; inspire Kenyans to defend human rights and celebrate individuals that engage in the noble work of defending human rights and fundamental freedoms.
Since the first hike on Mount Longonot in September 2019, more than 1000 individuals have taken part in various mountain climbing(William Hill, Elephant Hill, Eburru Forest, Kudu Hills, Ngong Hills, Kijabe Hills), where they dedicated every step made to the justice cause and have helped raise six million nine hundred thousand shillings (Kshs 6.9 Million) to set up a safe centre for research, creativity, training and wellness for activists at the forefront promoting human rights for the most vulnerable in our society.
Committing to climb the 5,895 Meters high Mt. Kilimanjaro is not a modest feat. Those who have signed up for the climb demonstrate outstanding commitment to the cause; making personal sacrifices to fundraise for the sustainable promotion of human rights.
One of the climbers who have again signed up is James Mburu Mungai, who is 70 Years young, to highlight the plight of squatters from his village- Mithini, Muranga County.
Defenders Coalition appeals to you to be part of the campaign by sponsoring these champions to climb Mt. Kilimanjaro; and contribute financially towards the overall goal of raising Kshs.50 Million.
Please send your donation through Mpesa Paybill Number: 810896 Account-Your Name & Climber you are sponsoring
Cheques Payable to: National Coalition of Human Rights Defenders-Kenya
Donate a bob for the 147,200 steps that climbers will make up the mountain.
PRESS RELEASE
WINNERS OF THE 2020 HUMAN RIGHTS DEFENDERS AWARDS ANNOUNCED
27 November 2020 – 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 2020 Human Rights Defenders awards during a ceremony held in Nairobi at Sarova Panafric Hotel.
The 2020 winners are:
For the fifth consecutive year, and chosen by an independent selection panel of eminent Kenyans, chaired by Rachael Mwikali, 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. Kamau further noted that 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 recognize, honor and appreciate the extraordinary work of Human Rights Defenders in the protection of human rights while they face many challenges in their capacity as 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.
“2020 has tested the world with a range of challenges because of the COVID-19 pandemic. The work of human rights defenders is now more important than ever – in ensuring that human rights are respected as the world combats this virus. The pandemic has affected most aspects of our lives, even the way in which we are celebrating and honouring human rights defenders together through the HRD Awards this year. The Awards enable us to express appreciation of the courage that human rights defenders have shown in a challenging context,“ Elin B. Rognlie, Ambassador of Norway to Kenya
The Awards ceremony is an initiative of the Human Rights Defenders Working Group, currently presided by the Defenders Coalition and co- chaired by Embassy of Norway 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:
Notes to the Editors:
Further details on the 2020 Winners:
Jerotich Seii
Jerotich is a mother, daughter, sister and auntie with a large extended family and tthese roles keep her thoroughly occupied and grounded. Simultaneously, she has spent 23 years in the professional realms of gender, human rights, development, public health, migration management and humanitarian/emergency response.
As an independent consultant, she has no corporate identity and as such, she is free to be a vocal/radical/revolutionary/incisive WHRD. Although she has been a human rights defender for long even in more restricted work environments, her HRD work came to the fore in Kenya following the 2017 elections. With a consistent focus on Energy Justice #SwitchOffKPLC, humanity.ke #HumanityKE and wider governance and anti-corruption themes, she has been able to effectively engage in public education and advocacy using social, print and electronic media; and the occasional demonstration. This is not an accidental strategy but rather a deliberate one that has allowed her to amplify a voice on behalf of WaKenya on a minimal budget.
She began the #SwitchOffKPLC campaign in January 2018 along several other WaKenya in order to challenge injustices faced by electricity consumers in the form of fraudulent/high electricity bills; vendor cartels; meter tampering; opaque tariffs and an all-round unprofessional monopoly, Kenya Power and Lighting Company. This has been greatly influenced by the fact that women bear the public health brunt that comes with using dirty energy sources for domestic work. #SwitchOffKPLC addresses these and many other concerns within the energy sector including constitutional violations and the proliferation of criminally contracted Independent Power Producers.
Turkana Red Vests Movement
This is a group of human rights defenders focused to fight corruption and unequal access to services and opportunities in both government and multinationals operating in Turkana County. Specifically, they were recognized because of their extraordinary contribution, towards the promotion and protection of economic justice, access to water and good governance.
Feminist for Peace Rights and Justice Centre
FPRJC has been working in the community since 2016 as a social movement that mobilized women in amplifying their voices for social change and later transitioned into a legal entity by registering as a community based organization (CBO) in September 2018. A group of young women activists came together to end all forms of violence, abuse and oppression against women, children and sexual minorities and champion for women’s empowerment in the community through feminist principles. Almost all the founders of FPRJC are SGBV survivors and have been on the frontline to champion for societal and attitudinal change in championing for women’s rights.
Feminist centre continued its work despite the hardship of COVID 19 pandemic by giving community hope when organizations were not working. They continued serving different vulnerable people in Kibera by providing basic needs like food, contraceptives to prevent unintended pregnancies, masks and water to the community to continue with handwashing. Feminist centre has been in the frontline documenting, reporting and condemning human rights violations that was simultaneously experienced by the community doing referrals and follow ups. The rescue centre has been a shelter and a safe space to women at Kisumu ndogo who face gender based violence at their homes.
Naila Abdalla
Meet Naila an individual who has a passion for human rights work, community empowerment, rule of law and justice. She is a mother of one and a peer mentor. As a Muslim woman, she seeks to change the narrative and break the cultural barriers that deny Muslim women opportunities to meaningfully participate in development processes to improve their well-being. She started her human rights work as a student leader in high school and after that has been volunteering in various human rights organizations.
In 2017 she founded Sisters for Justice (S4J) to give a voice to the struggles of youth and Muslim women from the Coast. Her efforts saw her organization S4J launched by senior state, non-state and international partners including Director of Public Prosecutions (DPP), Supreme Court Judge Lady Justice Njoki Ndung’u and the British High Commissioner. Her organization has since risen to become one of the leading human rights organizations at the Coast.
In her work she has empowered young Muslim women in her community whose rights have been violated to stand up and defend their rights, including: addressing women cases in court in order to seek justice for them, and following up on gender-based violence cases, extra judicial killing, violent extremism and forced disappearances. This has seen her receive threats and being demeaned by perpetrators who include both state and non-state actors. This year she has been participating in community service work including the distribution of food with Kenya Red Cross during the COVID-19 pandemic
Mathare Roots Initiative is a community-based organization located in the informal settlements of Mathare spearheading activism through art and Artivism. We have over the years created awareness on different human rights issues and violations in our community such as extra-judicial killings by the police, violence against children and women in our community and creating awareness among our community members of their different civic duties.
Mathare Roots Initiative formed in 2006 by a group of young community members and focused its work mainly on empowerment of the youths, but over the years we realized that there were inequalities hindering the empowerment of the youth. That is when they changed their approach to that of Human Rights Defenders, to fight these inequalities that over the years acted as a stumbling block for youth empowerment. One of their very successful human rights work was the Activism through graffiti mural dubbed Artivism, through this they were able to create awareness on different thematic areas including the killing of an eight-year old Yassin Juma in Huruma by the police, these murals have received widespread media attention in both local and international media agencies.
The late Mr. Abubakar Al-Amudy
The late Mr. Abubakar Al-Amudy was an environmental activist who fought for the rights of the communities of Lamu. He was a natural leader and an enthusiast of sustainable development and environmental protection. The late Abubakar Al-Amudy died on June 21, 2020 after decades of advocacy on environmental justice in Lamu County. He co-founded Save Lamu in 2011, which has led the struggle for reclaiming natural and land resource rights in Lamu County.
The late Mr. Abubakar Al-Amudy is a celebrated hero, a retired teacher by profession, role model and a vocal activist who fought many battles to stop the Lamu Coal Plant to protect his community and environment. In doing so, he protected the communities’ natural resources on which they depend for their livelihoods and protected both the environment and natural resources for the future generations.
One of his many achievements was that he co-founded Save Lamu, an organization that is committed to environmental justice and to engage communities and stakeholders so as to ensure participatory decision-making, achieve sustainable and responsible development, and preserve the environmental, social and cultural integrity of the Lamu community.
He was also instrumental in the legal battles against the Lamu Port, South Sudan, Ethiopia, Transport Corridor (LAPSSET) and the Lamu coal power plant which gave the community two landmark wins that recognized the need for adequate environmental impacts assessments for both projects, and appropriate mitigations measures to avoid significant environmental impacts of LAPSSET.
Public Choice Award
Anami Daudi
Anami is a passionate youth advocate for social change and social justice in Kenya. He describes self as an amateur that plays soccer for grassroot football. He is also a mentor and a community organizer. He started his human rights work at an early age but did not he is a human rights defender until 2015 when he started volunteering with human rights organizations.
His human rights focus areas include: gender based violence, police abuse of power, education and general human right violations. He is inspired by the rising number of young people who are coming out to defend human rights from different marginalized communities. He is the coordinator of the Mukuru Community Social Justice Centre.
In his advocacy work, he has managed to organize community members in different thematic sectors to identify problems and come up with solutions e.g environment conservation. He has brought together a group of 300 men to form a CBO to champion for ecological justice. They now own a recycling plant that has a capacity of employing 400 young people but they are yet to be connected to a three face electricity.
The 2020 Human Rights Defenders Award ceremony is hosted by the Defenders Coalition, Embassy of Norway in Nairobi, with the generous support of: Belgium Embassy, France Embassy to Kenya and Somalia, Netherlands Embassy, Germany Embassy, HAKI Africa and Embassy of Sweden in Nairobi.
PR
Thursday, 27th August 2020
H.E. HON JOHN POMBE MAGUFULI
PRESIDENT OF THE UNITED REPUBLIC OF TANZANIA DAR ES SALAAM
TANZANIA
Dear Sir,
REFERENCE: OPEN LETTER
CONCERNS OVER SHRINKING CIVIC SPACE IN TANZANIA
Your Excellency, receive warm greetings from the rest of Africa. It is our hope that this letter finds you in the best of health and high spirits.
We, the people from Africa, comprising of community based organizations, women groups, religious and faith based institutions, human rights defenders, youth associations, grass root movements, unions of persons living with disabilities and civil society organisations, do hereby write to you respectfully, concerned and alarmed by the shrinking civic space in your country.
Over the last few months, we have noted the following which has led us to believe all is not well:
without government approval;
and journalists in the country; and
Your Excellency, as a result of the above, we are perturbed, as fellow Africans, by the deteriorating human rights situation in your country and infringement of civil liberties guaranteed by the Constitution of Tanzania. It is our view that Tanzanians are living in distress as a result of the on going drawbacks on their freedoms as citizens.
Further, we take cognizance of the fact that Tanzania is a signatory to all major international human rights instruments including the International Convention on Civil and Political Rights (ICCPR), Convention Against Torture (CAT) and African Commission on Human and Political
Rights (ACHPR) resolutions. However, we are saddened by the reneging of these international standards in the country.
Your Excellency, to this end, we call on you as the President to reverse the negative trends witnessed in the last few months in order to create a conducive environment by your government to take back Tanzania to the path of justice, rule of law and respect for human rights. We further call on you to direct the following:
affiliation as long as they respect international media standards
human rights defenders
Political Parties to support free, fair and credible elections
Rights Defenders Coalition so that they continue with their work to provide civic education and support safety and protection of human rights defenders in the country.
As fellow Africans, we are confident that the implementation of the above will go a long way in ensuring promotion of democracy, human rights, justice and rule of law in your country.
Your Excellency, it is our belief that the above warrant your immediate action and will subsequently restore faith in institutions of governance in Tanzania.
We look forward to your swift and speedy action. Sincerely,
Defenders Coalition partnered with the Social Justice Centres Working Group and the German Agency for International Cooperation (GIZ) in a project dubbed Paomoja Tuangamize Corona Campaign that was implemented throughout the month of July.
Figure 1.1 Grafitti and murals erected on strategic wall in different regions across communities to create awareness on Covid-19 to spark conversations on its awareness.
The campaign was launched on July 3 in Dandora Community justice Centre to address the novel Corona Virus Disease 2019 (COVID-19) pandemic which has severely disrupted lives and caused massive unprecedented destruction across the World, leaving great loss and grief in its trail. It is not clear how long this would last but economists project that its social and economic impact could last the rest of the year.
Focussing on a participatory approach towards the response on Covid-19, the campaign brought together the social justice movement and human rights defenders from the grassroots across the country to address the disproportionate economic disruptions, access to information, basic food stuffs, livelihoods and most importantly mainstream the human rights implications within communities.
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Figure 1.2: Forums conducted by justice centres movement to sensitize communities on wellness during
Covid-19 pandemic in Githurai and Dandora Justice Centres respectovely
Based on reports from monitors from across the country, it was evident that rights violations have increased in the grassroots but lacked a platform/goodwill to be addressed. Coronavirus disease has only made it worse. The campaign therefore, has been on the forefront condemning, creating awareness and calling to action of relevant stakeholders to embrace a human rights based approach while resounding to Covid-19.
The measures put in place by the government to curb the spread of covid-19 have had a diverse impact on the lives of Kenyans. Those at the bottom of the social classes have been the worst hit.
The virus has caused death, injuries and grief for communities, particularly those living in the informal settlements and vulnerable populations. Government efforts to contain the pandemic including encouraging citizens to stay at home, banning all public and social gatherings and the a nationwide curfew between 7pm to 5am (has since been altered) to be observed by all citizens except for select institutions and professions classified as essential service providers as well as restricted movement across cities with high prevalence of infection, namely Nairobi, Mombasa, Kwale and Kilifi have further disrupted the informal economy, destroying small businesses and rendering many community members destitute
The campaign had a reach to the following justice centre; Dandora Community, Mathare, Ruaraka, Korogoch Justice and Information Centre, Githurai, Ghetto Foundation, Kayole, Mukuru, and Kiamaiko Justice Centres through graffiti, alternative messaging and community radio conversations.
Others that ensured the success through a fast tracking implementation of the campaign are Kibera, Kiambiu, Alqamar S,Makadara Social Justice Centre, Kamkunji, Kamkunji Youth Empowerment Network, Kariobangi, Elengatawas, Kondele, Voi, Vihiga, sisters for Justice, Busia, Chemilil, Changamwe and Magharibi Social Justice Centres.
The campaign in itself was an intervention based on the government, through the Ministry of Health regularly provided information updates on the spread, those infected but also on measures to contain the spread of the virus but failed to incorporate community voices in the decision-making forums and therefore public policy was not informed by community input even when the communities had invaluable contributions to make and able representatives to articulate to enhance interventions through better community-government partnerships.
The project has since sought to bridge this gap.
Therefore, the project intervened through immediate responses that targeted at enhancing community awareness on the Covid-19 dangers with a particular focus on raising community responses to protect themselves against the dangers of the virus especially during the community transmission phase.
Secondly, the project sought to build community resilience over the tough months ahead as a cloud of uncertainty continues to hang over our heads.
Figure1.3: HRDs attending community radio conversations in Vihiga FM- Vihiga, Pamoja Fm-Kibera and Radio Namlolwe- kisumu respectively
Press Statement
Nairobi, 9th August 2020
Celebration of the Resilience of Indigenous People during the International Day of World’s Indigenous People 2020.
Today, the Defenders Coalition joins indigenous persons from around the globe to commemorate the International Day of the World’s Indigenous People. The Defenders Coalition is proud to be part of this marginalized community that has endured diverse effects of COVID-19 on top of the age-old injustices and marginalization that characterize this community throughout the world.
International Day of World’s Indigenous People brings together indigenous people, focusing on raising awareness of their existence and work towards the promotion of their rights including the right to land and conservation of the environment. Indigenous people have always been recognized as the best conservators of their environment and thus their contribution towards conservation must be recognized and appreciated.
The Defenders Coalition recognizes this year’s theme Covid-19 and Indigenous People’s Resilience and acknowledges that Indigenous people of Kenya and beyond have always shown their capability to adapt not only to the pandemic but other disasters that include forceful evictions from their ancestral homes. The state, through its agencies, have repeatedly evicted rightful indigenous people in Kenya from their homes before and during the covid-19 pandemic without respite. The pain of the evictions continues to return time and again to haunt these communities across the country.
On 10 July 2020, Kenya Forest Service guards burned down 28 homes belonging to Sengwer Indigenous People in the Embobut Forest. Since 2 July 2020, the Kenya Forest Service (KFS) has engaged in a large-scale and deliberate campaign to remove Ogiek communities from their ancestral home in the Mau Forest.
With impunity and lack of acknowledgement of the 2017 landmark ruling by the African Court of Justice and Human Rights that affirmed the Ogiek’s right to live in Mau forest, the government of Kenya continues to prejudice the implementation of the ruling. It is clear that with the felling of the impeccable
ecosystem that indigenous people had with forests came with a threat of felling their ways of life. We must rise up more than ever to protect these people who are facing extinction through the perpetual injustices directed at them.
On this day, Defenders Coalition stands in solidarity and celebrates the resilience of all Indigenous people in the world and recommends that:
PRESS RELEASE
BURNING OF 28 SENGWER HOMES IN EMBOBUT FOREST, ELGEYO MARAKWET, 10 JULY 2020
The following eight human rights and conservation organizations express grave concern over reports of ongoing forced evictions in Embobut Forest by the Kenya Forest Service (KFS). We are reliably informed that 28 homes with beddings and possessions were burnt in Kapkok glade on 10 July 2020 leaving families in the cold with no shelter. We once again call on the Kenyan government to end forced evictions in Embobut Forest and ensure that human rights are respected, protected and fulfilled.
The Constitution of Kenya and the Land Act 2012 (as amended in 2016) prohibit forced evictions carried out contrary to the law. On May 11, 2020, the President through the Cabinet Secretary for Interior and Co-ordination of National Government declared a moratorium on evictions for the period of COVID-19 pandemic. Protecting the right to adequate housing is critical to protecting
Kenyans from the spread of the Corona virus and ensuring their recovery. The forced evictions and homelessness have increased the vulnerability of those affected to COVID-19 and its negative socio-economic impacts.
The forced evictions come at a time when the European Union (EU) and the Government of Kenya are considering the resumption of Kes 3.6 billion funding to the Water Towers Protection and Climate Change Mitigation and Adaptation Programme. The program was stopped after numerous human rights violations including forced evictions of Sengwer Indigenous people, the killing of Robert Kirotich and the serious injury of David Kipkosgei Kiptilkesi in 2018.
The Kenyan government must use this time to dialogue on its approach to conservation and how to consistently ensure the community land rights of the Sengwer indigenous people and other traditional forest peoples can also be recognized as community owner-conservators.
Consequently, we call on the Government of Kenya to immediately;
• Make a Ministerial Statement to halt the KFS operation and forced evictions in Embobut Forest;
• Adhere to the Constitution, the Land Act and the Presidential declaration of a moratorium on evictions for the period of COVID-19 pandemic;
• Ensure that all those affected can live peacefully in the forest glades, no further retaliation happens to Sengwer community members and that those responsible are brought to justice;
• Provide shelter and basic needs for the affected families.
Signed
Sengwer Council of Elders
Amnesty International Kenya
Defenders Coalition
Katiba Institute
Kenya Human Rights Commission
American Jewish World Service
Forest Peoples Programme
Natural Justice
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
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
30 April 2020
Nairobi, Kenya
Report on the situation of Human Rights Defenders in Kenya in the wake of COVID -19: Violence, Impunity and Retrogress to police state
Following a declaration by the World Health Organization (WHO) on March 11 2020 on Corona virus disease as global pandemic, speed and nature of its spread, the government of Kenya has put in place a raft of measures to keep her citizens safe by curbing the spread of the virus. These measures include advising citizens to stay at home, corporates to minimize crowds at places of work, banning all public and social gatherings, implementing measures as advised by WHO and the a nationwide dusk to dawn curfew between 7pm to 5 am to be observed by all citizens except for a select institutions and professions classified as essential service providers that took effect on Friday 27th March 2020. This directive, consequently, omitted the recognition of fundamental oversight and watchdog institutions who play a critical role in monitoring the implementation of such directives.
The curfew directive has been the direct cause of numerous human rights violations. Majority of these violations, as you will see below, are cases perpetuated by police officers who are on a wave of using excessive force while enforcing the presidential directive. On the first day of the curfew (27th March) innocent and unarmed home-goers were brutalized, treated with indignity, whipped, battered, violently assembled- an action that was contrary of social distancing directive- and tear gassed even before clock of curfew time.. Horrific images and videos circulated in the media as Kenyans called on the government to bring to book the perpetrators and respect human rights. This incident happened in Mombasa where 16 people were injured as per data.
On the onset of a steady increase in confirmed cases of COVID-19 in Kenya, the government further announced even stringent and stiff measures to contain the spread of the virus. President Uhuru Kenyatta announced a 21-day partial lockdown (cessation of travel) at four counties (Nairobi, Mombasa, Kwale, Kilifi and Mandera on 24th April) that had indicated infection numbers going through the roof and therefore regarded as COVID-19 hotspots.
In his address that was televised on 6th April 2020, the President warned that “We must be ready to go even further if necessary.” Movement of food supplies and cargo was, however, to continue moving in and out of the partially locked down counties through road, rail and air.
Defenders Coalition has put together a report illustrating the impact of Covid-19 on human rights defenders in Kenya.
Read full report here
Photo Credits: Daily Nation
Cartoon artwork: @iGaddo