Kenya: Update on the Status of Human Rights in Kenya during the Anti-Finance Bill Protests

1 July 2024
Kenya National Commission on Human Rights (Nairobi)
press release

Today marks exactly two weeks since the Anti-Finance bill protests started on Tuesday 18th June, 2024. The Kenya National Commission on Human Rights (KNCHR) has been at the forefront in monitoring compliance with human rights principles and standards in these demonstrations and calling for action from duty bearers. This is the fourth report that we are issuing to the public on the Status of Human Rights in the ensuing protests.

The Commission notes with concern that demonstrations that started as peaceful on the first day, unfortunately, turned chaotic on Tuesday 25th June 2024, and after, resulting in several deaths, injuries and damage to property The Commission in this report provides updates, observations, and recommendations:

a) Fatalities and Injuries: Data from our records indicates that thirty-nine (39) people have died and three hundred and sixty-one (361) injured in relation to the protests countrywide. This is cumulative data from 18th June 2024 to 1st July 2024. Post mortems for most of the victims are yet to be conducted. The dead are from Nairobi (17), Nakuru (3), Laikipia (1), Narok (1), Kajiado (3), Uasin Gishu (4), Kakamega (1), Kisumu (2), Kisii (1), Mombasa (3), Siaya (1), Kiambu (1) and Nandi (1). We condole with the families.

b) Abductions and Arbitrary arrests: Reports with the Commission indicate that there have been thirty-two (32) cases of enforced or involuntary disappearances and six hundred and twenty-seven (627) instances of arrests of protestors. Several others are indicated as being in hiding due to threats on their lives by unknown persons.

c) Violence: The Commission continues to condemn in the strongest terms possible the unwarranted violence and force that was inflicted on protesters, medical personnel, lawyers, journalists, and on safe spaces such as churches, medical emergency centres and ambulances. We maintain that the force used against the protestors was excessive, and disproportionate.

e) Destruction of Property: The Commission also strongly condemns the violent and shocking acts of lawlessness that was exhibited by some of the protestors, we recorded the destruction and burning of critical government infrastructure including a National Library and a County Court in Eldoret, the Governors Office in Nairobi, and Parliament buildings. We also have reports of the wanton destruction of property linked to politicians in Molo, Eldoret, Nyeri, Kiambu, and Embu. Also recorded is the destruction of private property, burning of cars and the breaking into and looting of shops. Over the weekend we documented instances of open hostility, threats of violence and actual violence meted on politicians by the public This is unacceptable, rights have obligations and we urge restraint, respect for the rule of law by all and non-violation of the rights of others. KNCHR urges the protestors to conduct themselves within the confines of the law while exercising their right under Article 37 of the Constitution.

f) On the deployment of Kenya Defence Forces to assist national policing, the Commission wishes to reiterate the provisions of Article 238(2)(b) that provides that national security should be pursued in compliance with the law and with the utmost respect for the rule of law, democracy, human rights, and fundamental freedoms. The Commission will be closely monitoring compliance to these Constitutional and statutory obligations.

The KNCHR reiterates that the Government has an obligation to facilitate the rights of protesters through provision of security to ensure law and order.

The Commission shall continue to discharge its constitutional duty of protection and promoting the rights of all persons in Kenya. We call on anyone with information or concerns touching on violations of Human Rights during the protests 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!

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