Fellow Kenyans, the Commission commences this statement on a sombre mood occasioned by the unprecedented and shocking human rights violations and violent protests that were witnessed yesterday, Tuesday 25th June throughout the country.
The Kenya National Commission on Human Rights (KNCHR) has been closely monitoring the demonstrations by Wananchi against the Finance Bill, 2024 since Tuesday 18th June, 2024. The Commission has been offering its support to victims of the violations including facilitating the release of over 300 persons illegally detained, evacuated persons who have been at risk, escorted “persons of interest” to police stations to record statements, and provided advice on the rights and responsibilities of all to picket, demonstrate and hold assemblies.
Over the past one week, scores have been shot dead, dozens abducted and missing, hundreds tortured and maimed, property and buildings destroyed. All these in the context of exercising the guaranteed right to demonstrate, assemble and picket. I would like us to take a minute of silence to commemorate those who have lost their lives and may their souls rest in eternal peace! The Commission condoles with the families of the deceased and wishes the injured a quick recovery.
The fundamental freedoms and human rights guarantees that our forefathers and mothers sacrificed and fought so hard for, are once again at stake! We all must speak up and act before slipping into the path of no return!
The Commission recalls these commitments in the Kenya Kwanza manifesto 2022-2027 on page 58:
· Ending police abuse…
· Ending all forms of extra-judicial executions by security services…
· Establishing a Special Tribunal for Gross Human Rights Violations and Enforced Disappearances…
These are the pledges that His Excellency, the President Dr. William Samoei Ruto vowed to deliver to the people of Kenya if voted in office. Last Sunday, his Excellency the President is also on record congratulating the youth for what he referred to as being concerned about Kenya's affairs. He promised to have a conversation with them. Despite that assurance as well as the recent statement from the Interior Ministry that peaceful protests would be allowed to proceed, the Nation was instead treated to shocking scenes of the police engaging protestors with live bullets, teargas canisters and water cannons.
The Commission notes with great concern the Tuesday 25th June 2024 demonstrations that had initially started off peacefully, later turned out violent with police unleashing terror on demonstrators and a section of protestors engaging in violent acts. The Commission witnessed with shock as police officers moved into residential areas of Githurai and Juja in the evening of Tuesday 25th June 2024 and were allegedly involved in indiscriminate shooting of civilians. As a result of this, the Commission has received unverified reports of scores of residents who were killed by the stray bullets. We will be investigating this to ensure accountability for these atrocities.
The Commission condemns in the strongest terms possible the unwarranted violence and force that was meted out to medical personnel, lawyers, and journalists as well as safe spaces such as churches, medical emergency centres and ambulances. The Commission equally condemns the violent and shocking acts that were witnessed in several government buildings including the burning of sections of Parliament, the Supreme Court, the office of the Governor of Nairobi County, government vehicles and government offices across the country. This is unacceptable and cannot be tolerated in a Nation like Kenya.
The KNCHR notes with great concern the deployment of plain-clothed police officers in camouflage and in unidentified vehicles in the policing of the demonstrations. This is against national and international principles that require police officers in policing to clearly identify themselves for accountability purposes.
Further, we strongly condemn the victimization and profiling of civil society organizations and Human Rights defenders engaging in legitimate human rights and humanitarian work.
During the countrywide protests that took place on Tuesday 25th June 2024 in over 30 counties, the Commission has made the following findings;
a) Right to Life: Article 26 of the Constitution guarantees the right to life. The Commission has so far recorded twenty-one (21) fatalities shot in the course of the demonstrations. Reports indicate that most of the deceased were shot with live bullets during the protests.
b) Torture: Article 29 of the Constitution provides that every person has the right to freedom of security of the person which includes the right not to be subjected to any form of violence from wither public or private sources. The Commission has documented 336 protestors and police officers injured since the commencement of the protests on 18th of June 2024. The injuries range from fractures, bullet wounds, soft tissue injuries, and
inhalation of tear gas. The ones injured severely were referred to hospitals for further specialized treatment.
c) Abductions and Arbitrary arrests: The Commission is particularly gravely concerned by several abductions that occurred over last weekend targeting perceived organizers of the protests. The Commission is aware that so far over twenty-two (22) people have been abducted and fifty-three (53) arbitrary arrested including doctors and lawyers. Others are in hiding due to threats on their lives by the police. We note with concern the manner in which these abductions have been carried out mostly in the wee hours of the night and allegedly being held in ungazetted and unofficial places of detention.Several content creators as well as medical personnel and lawyers have been victims of arbitrary abductions from persons believed to be police officers. For instance, Gabriel Oguda, a staff in the Office of the Leader of Minority Party in the National Assembly was allegedly abducted from his home by persons in police uniform on 25th June 2024 at 2a.m. His whereabouts are still unknown.
John Frank Githiaka alias Franje was abducted by unidentified plain-clothed officers from his office at Beast Athletic Offices on Baringo Road in Kahawa Sukari on Monday 24th June 2024. Dr. Salim Ishmael, a co-founder of Medics for Kenya remains unaccounted for since Sunday 23rd June 2024. Kasamuel McOure was similarly allegedly abducted and his whereabouts remain unknown. Scores of others who had allegedly been abducted were released without charges.
d) Right to Assembly, demonstrations and picketing: Article 37 of our Constitution secures the right to assemble, to demonstrate, picket, and present petitions to public authorities. This right comes with the responsibility of exercising it when peaceful and unarmed. Any departure from these minimum standards negates this right.
The Commission has documented instances where police officers disrupted peaceful demonstrators by excessive use of force and firearms. The Commission has similarly documented instances of violent protesters who provoke the police, destruct and loot property as well as the unprecedented burning of government buildings. The Commission is categorical that it does not support violent protests and such are criminal elements that should be dealt with in accordance with the law.
The Commission condemns in the strongest terms possible these violations that should not be occasioned in a country that prides itself in its democracy and rule of law. We maintain that the excessive use of force by the police in Tuesday 24th June protests was unnecessary and disproportionate. The 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 KNCHR reiterates that 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 be in conformity with the law. Protestors on the other hand, also have a duty to respect the law, and ensure that protests do not amount to destruction of property and lives. In the protests we have witnessed:
By Security Agencies.
Police lobbying teargas at peaceful citizens.
Looting by security agencies.
Indiscriminate shooting of protestors using both live and rubber bullets. We have established six patients at Kenyatta National Hospital had bullet wounds, three of whom succumbed to their injuries. 22 patients had rubber bullet injuries.
Random beating of pedestrians and protestors.
Security agencies throwing stones at protestors.
The denial of access to ambulances for the injured.
Attacks on medical personnel, Red Cross and Red Crescent in the safe spaces where they were offering medical care.
By Protestors.
Throwing of stones.
Destruction of property.
Looting.
Destruction and burning of critical infrastructure, including the Supreme Court, Parliament, City Hall, National Library Eldoret, County Court Eldoret.
Targeting of offices and properties belonging to Members of Parliament in Kikuyu, Molo, Nyeri and Eldoret. The Embu Governor’s office was also targeted.
Burning private motor vehicles and shops.
Burning a Police Lorry.
Barricading of roads.
We urge both the security agencies and protestors to respect rule of law and uphold the rights of every person as provided in our very progressive Constitution.
In all this we still find a ray of hope, as we were able to witness the collective and overwhelming empathy and good will of Kenyans. The Commission commends:
The media for their outstanding courage and bravery in putting their lives on the line to bring us live accounts of the protests. We commiserate with members of the media who suffered injuries in the cause of the protests.
The medical fraternity including Red Cross and Red Crescent for offering free medical care, even putting their lives in danger. We condole with the medical fraternity on the loss of Dr. Margaret Oyuga who passed on during the protests while offering selfless service to Kenyans. It is sad that she died because the security agencies refused to permit an ambulance passage. May perpetual light shine upon her.
Religious institutions from all faiths, Muslim, Hindu and Christian for offering safe spaces, medical care, water and food.
Private enterprises including matatu operators who offered free evacuation from the CBD for protestors, and Qwetu who offered shelter.
Citizens for standing in the gap and being very ready to assist. I saw youth carrying the elderly, protestors assisting Hon. Kosgey, protestors assisting injured people including policemen and protestors sharing water with policemen.
Policemen for in some instances being very humane with protestors.
Members of Parliament for acting as a buffer between protestors and security agencies and urging them both to exercise restraint.
Based on these findings: The Commission:
a) Calls on His Excellency the President to honor his commitment to respecting the rule law by issuing a zero-tolerance directive on human rights violations to all the deployed security agencies.
b) Pursuant to its powers the Commission will initiate the necessary interventions to pursue redress for the violations witnessed in the ongoing demonstrations including the arbitrary arrests, abductions, missing persons and deaths. To this extent, the Commission will be moving to court on a Habeas Corpus in a quest to seek accountability for missing abducted persons. The Commission will further pursue command responsibility of those found culpable of the police brutality and excesses.
c) Calls on the Inspector General, the Independent Policing Oversight Authority (IPOA) and the Office of the Director of Public Prosecutions (ODPP) to initiate investigations and prosecute all the officers found culpable of human rights violations in the context of policing the demonstrations
d) Urge the police to conduct themselves in accordance with the law at all times. We call on security agencies to employ measures to isolate criminal elements from peaceful demonstrators and resist indiscriminate measures including use of lethal force and firearms. All illegally detained persons following Tuesday’s protests should be released unconditionally.
e) KNCHR urges the protestors to conduct themselves within the confines of the law while exercising their right under Article 37 of the Constitution. We remind all demonstrators to undertake this right peacefully and unarmed to enjoy the protection of the Constitution.
The Commission
1. Reminds all Members of Parliament that all sovereign power belongs to the people, and is donated to them. We urge them to at all times listen to respect the will of the people.
2. Urges the President to take note of the widespread collective anger that Kenyans are having and demonstrating. The anger transcends all known demographics as it cuts across age, sex, tribe, political party affiliations, religion and socio-economic status. There is need for the President to begin a conversation with Kenyans that will allow them to analyze and address the deep-seated anger being displayed in a manner that is all
inclusive and embracing. Kenyans want to be heard, listened to and respected. We as KNCHR are ready to steer that conversation.
3. Shall launch an investigation into the protests with the aim of identifying persons culpable for the many deaths, injuries and loss of property. This will investigate all actors both state and non-state. In reference to the abductions, we are going to seek orders of habeus corpus. We believe any body suspected of criminal offences should be charged in court.
The Commission shall continue to discharge its constitutional duty of protection and promoting the rights of all Kenyans. We call on anyone with information or concerns touching on violations of Human Rights during the protests to contact us via-: SMS-22359, Email- complaint@knchr.org or on our 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.
May Justice be our Shield and Defender!
Roseline Odede,
Chairperson,
Kenya National Commission on Human Rights (KNCHR).