Nairobi — Kenya has contested the UN Rights Office characterization of riotous protests by the opposition Azimio Coalition as peaceful terming them "anti-democratic".
In letter addressed to the Office of the United Nations High Commissioner for Human Rights OHCHR on Sunday, Kenya's Permanent Mission to the United Nations said the protests called by Azimio leader Raila Odinga were anything but peaceful.
"Such a designation belies the widely and credibly documented ground reality," Kenya asserted in a comprehensive response to a statement issued Friday by UN Human Rights Office Spokesperson Jeremy Laurence.
Laurence had expressed concern over what he characterized as widespread violence in Kenya after a protest called by the opposition turned chaotic leading to nine deaths.
"We call on the authorities to ensure the right to peaceful assembly as guaranteed in the Kenyan constitution and international human rights law," he said.
But Kenya faulted the UN Rights Office for overlooking the destructive nature of the protests in question.
"These events entailed rioting, vandalism, and the large-scale destruction of civilian objects, actions incompatible with the principles of peaceful assembly as outlined by multiple resolutions and undertakings by the Human Rights Council and the OHCHR," Kenya's Mission in Geneva went on to state.
Misleading assessment
Kenya also challenged Laurence's assessment of the situation terming the conclusion that the protests were widespread as misleading.
"Moreover, the Permanent Mission wishes to contest the portrayal of these violent acts as being widespread. The unfortunate incidents of violence were, in reality, confined to a few areas, not representative of the entire country."
The Mission defended the response by security agencies to break protests as justified noting that the police acted to safeguard public order.
"The situation was appropriately managed by our law enforcement agencies to ensure the safety of the majority of our peaceful citizens and limit the extent of the disruption," Kenya stated.
Nairobi singled out the UN Rights Office reliance on what it termed as third-party sources for information saying incidents cited lacked independent assessment.
Kenya faulted Laurence's use of information without due diligence as reckless noting that in so doing, the UN Rights Office bypassed OHCHR's primary duty to establish the facts before making such critical statements.
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Political manipulation
The Mission however reiterated Kenya's unwavering commitment to international obligations and its constitution to protect and uphold the right to peaceful assembly while ensuring public safety.
"The Permanent Mission insists on the differentiation between the right to peaceful assembly and the acts of destructive rioting that occurred in Kenya in the last week," the Mission in Geneva said referring to Azimio's July 12 protest.
The Mission affirmed Kenya's concurrence to conduct a thorough probe on deaths and injuries during the protest. The undertaking, the Mission warned, "should not be construed as an endorsement or tolerance of the violent and destructive behaviours that were displayed."
Kenya warned against "political manipulation" designed to incite violence and undermine democratic institutions.
"Violent disruption, masquerading as political activism, threaten the very fabric of our democracy and the peaceful coexistence of our people," Kenya noted.
The formal statement by Kenya's Mission in Geneva came a day after Foreign Affairs Principal Secretary Korir Sing'Oei challenged the UN Rights Office to equally condemn anarchy.
"While regretting and decrying the unfortunate loss of life or injury, the reckless mobilization of lawless gangs to loot, destroy property, disrupt business, deprive many of means of livelihood and create an environment of disorder, must receive equal condemnation," Sing'Oei said on Friday.
