Statement on Mukuru Murders and Updates on the Anti-Finance Bill Protests
Kware Killings, Mukuru Kwa Njenga
Fellow Kenyans, the Commission commences this statement on a sombre mood occasioned by the recent horrific revelations of the presence of mutilated and decomposing bodies at the Kware dumpsite in Mukuru Kwa Njenga in Nairobi. More shocking is the state in which the bodies were found; dismembered and wrapped in sacks and black polythene bags.
Police reports further state that they have arrested the main suspect linked to the killings who confessed to having killed forty-two (42) women and dumped them in the same dumpsite. So far reports indicate that ten (10) bodies have been recovered, all of them women. The Commission condemns those killings with the strongest terms possible. We condole with families that have lost their loved ones in these heinous killings. We are however saddened by news of the burning of the quarry and hope that this shall not be a damper to full, thorough and complete investigations.
The happenings in Mukuru kwa Njenga is a great violation on human rights. Article 26 of the Constitution guarantees the right to life for every human being. Even as we await post-mortem results from the forensic teams, the Commission has commenced its independent investigations on the matter and will be issuing a comprehensive statement on the matter once the inquiry is complete.
Coming a few days after Denzel Omondi’s body was found floating in a quarry in Juja, there is need to rule out any possibility of extra judicial killings. We cannot overemphasize the need for:
• thorough forensic investigations into the deaths to establish cause and probable time of death. The investigations should be in accordance with the Minnesota Protocol which aims to protect the right to life by promoting effective investigation of potential unlawful death or suspected enforced disappearance.
• transparency and accountability in all processes and stages of the investigations, especially during the ongoing post mortem process,
• any person who suspects that their kin might be among the retrieved to present themselves to the pathologists for DNA tests, as such linkages will provide valuable insights into the deaths.
It will be remiss of us not to mention that these happenings remind Kenyans of other bodies retrieved in the past, from rivers Yala and Tana amongst others, which cases remain unresolved to date. As a Commission we call out the lack of investigative conclusion on all those prior cases by the DCI, and urge Parliament and Treasury to allocate us funds to support an exhaustive and definitive enquiry into suspected cases of extra-judicial killings and involuntary deaths. It is time for the truth to be revealed. It is time for families to close the lid on their missing kin. It is time for closure.
Updates on the Anti-Finance Bills Protests
Today marks exactly four weeks since the Anti-Finance bill protests started on Tuesday 18th June, 2024. The Kenya National Commission on Human Rights (KNCHR) has been on the forefront in monitoring compliance to human rights principles and standards in these demonstrations and calling for action from duty bearers. This is the fifth report that we are issuing to the public on the Status of Human Rights in the ensuing protests.
The Commission has been offering its support to victims of violations associated with the protests and providing advice on the rights and responsibilities associated with the right to protest.
The Commission would like to make the following updates, observations and recommendations:
a) Fatalities and Injuries: So far a total of fifty (50) people have died in relation to the protests. Some of them succumbed to injuries while they were undergoing treatment while other bodies were discovered under the debris of the burnt Sunbeam Mall in Nairobi. The dead are from Nairobi (21), Nakuru (3), Laikipia (2), Narok (1), Kajiado (3), Uasin Gishu (4), Kakamega (2), Kisumu (3), Kisii (1), Mombasa (3), Siaya (1), Kiambu (1), Nandi (1), Embu (1), Homabay (1), Nyeri (1) and Bungoma (1). The number of the injured in relation to the protests countrywide stand at four hundred and thirteen (413). The Commissionurges proper investigations into the killings and injuries. Those found culpable whether civilian or security agent should be charged. In addition, the Commission shall also pursue command responsibility for all documented instances of police brutality and excesses. We also call upon His Excellency the President to honor his commitment to respecting the rule of law by issuing a zero tolerance directive on human rights violations to all the deployed security agencies.
b) Abductions, Arbitrary arrests and Torture: Despite the continued calls for a stop to the abductions, we have noted that the kidnappings, illegal arrests and torture of innocent Kenyans has continued. So far a total of fifty-nine (59) people have been abducted or are missing. The number of those arbitrary arrested is at six hundred and eighty-two (682). We condemn the abductions and arrests and demand an immediate and unconditional release of all the illegally detained persons in relation to the protests. The Commission has moved the court for orders of Habeas Corpus in a quest to seek accountability for missing and abducted persons.
c) Police Investigations: We call on the Inspector General of police, the Independent Policing Oversight Authority (IPOA) and the Office of the Director of Public Prosecutions (ODPP) to speed up investigations and prosecution of all persons including police officers found culpable of human rights violations in the context of policing the demonstrations. This should be conducted in a transparent and accountable manner by providing regular updates.
d) Right to Assembly, demonstrations and picketing: With the Anti-Finance bill protestors planning to exercise their constitutional rights and continue with demonstrations today Tuesday 16th July 2024, we call upon the police to accord them security in line with the law. KNCHR urges the protestors to conduct themselves within the confines of the law while exercising their right under Article 37 of the Constitution. This right comes with the responsibility of exercising it when peaceful and unarmed. Any departure from these minimum standards negates this right. The Commission will be closely monitoring compliance to these Constitutional and statutory obligations.
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 or the Mukuru killings to contact us via-: SMS-22359, Emailcomplaint@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).