Nairobi, 24th January 2025
The Kenya National Commission on Human Rights (KNCHR) is gravely concerned about the escalating human rights violations across various parts of the country. These incidents, which range from enforced disappearances to targeted intimidation of human rights and social justice defenders, reflect a troubling degeneration of safety and security. The Commission calls for urgent action to address these human rights violations and abuses of fundamental freedoms, as they strike at the very heart of the constitutional values and rights guaranteed to all Kenyans.
One of the most alarming cases is the disappearance of Brian Odhiambo, the fisherman from Nakuru whose whereabouts remain unknown. Brian was reportedly last seen being apprehended by individuals believed to be law enforcement officers. Article 29 of the Constitution of Kenya explicitly guarantees freedom and security of the person, including protection from arbitrary detention and enforced disappearances. Brian’s disappearance constitutes a gross violation of these rights.
KNCHR urges the relevant authorities, particularly the Directorate of Criminal Investigations (DCI) and the Independent Policing Oversight Authority (IPOA), to prioritize investigations into Brian’s case and provide updates. Enforced disappearances cannot and must not be normalized in Kenya. The government must adhere to its constitutional obligations under Article 238 to ensure the safety of every individual within our borders.
Equally the Commission strongly condemns the reprehensible actions by law enforcement officers, who disrupted learning at Kimathi Secondary and Kimathi Primary schools in Manyani area, Nakuru East, through the reckless use of tear gas during a peaceful protest over the disappearance of Brian Odhiambo, a local fisherman. These unwarranted acts not only endangered the lives and health of innocent students and teachers but also violated the sanctity of educational spaces that should be safe havens for learning and growth. KNCHR calls on the relevant authorities to urgently investigate this incident, hold those responsible accountable, and ensure that such incidents are not repeated.
On another note, the brutal killing of Richard Raymond Otieno, a human rights defender in Elburgon, within the Molo Sub-County in the wee hours of Sunday morning, 19th January 2025 has shocked the nation. Article 26 of the Constitution guarantees the right to life, while Article 28 underscores the inherent dignity of every person. The failure to protect human rights defenders and advocates of social justice, who work tirelessly to expose systemic injustices is a failure to uphold these constitutional principles. The Commission demands a swift and impartial investigation into the killing of the Molo Human Rights Defender. The perpetrators of this heinous crime must be apprehended and prosecuted. Additionally, the government must establish a robust mechanism to protect human rights defenders who are at risk.
The Commission further strongly condemns the unlawful arrest of Grace Mulei, who courageously demanded solutions to challenges within the Social Health Authority. Her bold actions represent a legitimate exercise of her constitutional right to freedom of expression under Article 33 and the right to petition public authorities as guaranteed under Article 37 of the Constitution of Kenya. Advocating for improved public health services is not a crime, and her detention is an affront to the principles of democracy and accountability. The Commission joins civil society groups and human rights defenders in calling for her immediate and unconditional release and urge the Ministry of Health to address the systemic challenges she highlighted, ensuring that all citizens can access highest attainable standard of health services as enshrined in Article 43 of the constitution.
In light of these concerning human rights violations and safety and security lapses, the Kenya National Commission on Human Rights makes the following urgent recommendations:
1. Conduct Thorough Investigations:
o The DCI and IPOA must expedite investigations into the disappearance of Brian Odhiambo, the teargassing of students, the arrest of the social justice defender, and the killing of the Molo based human Rights defender.
o Transparent updates must be provided to the public and the affected families.
2. Protect Human Rights Defenders:
o Release and drop all charges levelled against Grace Njoki Mulei.
o Establish and implement a national framework for the protection of human rights defenders, in line with Kenya’s obligations under international human rights law.
o Provide adequate security for individuals who are under threat due to their advocacy work.
3. End Police Brutality:
o The National Police Service must implement measures to prevent the use of excessive force, particularly during peaceful protests.
o Officers involved in human rights violations must face disciplinary and legal consequences.
4. Engage Citizenry in Constructive Dialogue:
o Authorities must engage in meaningful dialogue with citizens to address grievances and foster trust.
o Platforms for peaceful resolution of disputes must be prioritized over repressive actions.
5. Uphold Constitutional Rights:
o All duty bearers and State actors must adhere to the Bill of Rights as enshrined in Chapter Four of the Constitution.
o Violations of fundamental freedoms must be met with swift corrective action.
The Kenya National Commission on Human Rights reminds the government and all State actors of their duty to uphold the Constitution of Kenya and protect the rights of every individual. The current state of human rights violations is unacceptable and must be addressed with urgency. KNCHR calls upon all duty bearers and State actors to work towards ensuring justice, accountability, and the restoration of rule of law, safety and security in Kenya.
Let us all remember the words of Article 1 of the Constitution: "All sovereign power belongs to the people of Kenya." It is time to honor this principle by safeguarding the rights and freedoms of all citizens.
Dr. Raymond Nyeris, Ph.D,
Vice Chairperson,
Kenya National Commission on Human Rights (KNCHR).