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:
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 Commission urges 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. 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.
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.
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.
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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 to contact us via-: SMS-22359, Email-complaint@knchr.orgor 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!
Rosseline Odede,
Chairperson,
Kenya National Commission on Human Rights (KNCHR)
