The Kenya National Commission on Human Rights (KNCHR) has today monitored the demonstrations by Wananchi against the Finance Bill 2024 dubbed ‘Occupy Parliament’.
The Commission has made the following observations:
a) Police brutality: The Commission has received reports of numerous cases of injuries allegedly inflicted on protestors and members of press by police officers. We are also concerned by the violence and intimidation by police on members of the Law Society of Kenya (LSK) who had visited Nairobi Central Police Station to seek the release of the detained persons. This is an unacceptable attack on advocates in their line of duty and a grave affront to the right to access justice.
b) Arbitrary arrests: By1700hrs, the Commission had received reports of arrests of three hundred and thirty-five (335) people who were being detained in various police stations across Nairobi. Among the detained persons are ten (10) staff members of Amnesty International and three (3) officers from Haki Afrika and Mageuzi Platform.
c) Peaceful protests: KNCHR would like to commend protestors for the peaceful manner in which they conducted themselves during the demonstrations. As seen on sections of mainstream and social media, protestors conducted themselves with restraint despite the provocation, arrests and brutality meted by the police officers who lobbed teargas to disperse peaceful demonstrators.
The Commission is of the considered view that the restriction and use of force by police in today’s protests was unnecessary and disproportionate. Freedom of assembly and association are considered to be not only fundamental human rights but also essential to sustained economic, social and democratic progress.
The government has an obligation to facilitate the rights of protesters through provision of security to ensure law and order. Any restriction to the right to Freedom of assembly must in conformity with the law. The Commission therefore demands that:
a) All illegally detained persons following today’s protests be released unconditionally.
b) Action to be taken against all police officers involved in the brutality and torture of the protestors, LSK members and journalists during today’s protests.
c) The police should at all-time conduct themselves in accordance with the law. Article 37 of the Constitution of Kenya provides that every person has a right picket and present petitions to public authorities provided they do so in a peaceful manner.
The Commission shall continue to discharge its constitutional duty of protection and promoting the rights of all Kenyans. KNCHR calls on anyone with information and human rights concerns relating to the protests to share it through-: SMS-22359, Email- complaint@knchr.org WhatsApp 0798 849 871 and Toll Free Line 0800 720 627.
The Kenya National Commission on Human Rights (KNCHR) is an Independent National Human Rights Institution (NHRI) established under Article 59 of the Constitution of Kenya, 2010 and the KNCHR Act, 2011. The Commission’s mandate is the promotion and protection of human rights in Kenya.
Roseline Odede,
Chairperson,
Kenya National Commission on Human Rights (KNCHR).