PRESS RELEASE: STATE OF HUMAN RIGHTS IN KENYA FOLLOWING THE NATIONAL PROTESTS

FOR IMMEDIATE PRESS RELEASE

NAIROBI, Kenya, March 28 – Once again, the Kenya civil society organizations condemn the way the security agencies have handled the demonstrations and mass protests that have resulted in deaths, injuries and arrests of protestors and journalists. This not only threatens the freedom of the press but also the freedom of assembly.

First, we would like to condemn the statements by the Inspector General of Police and that of Cabinet Secretary of Interior. While the law requires the convener of any demonstrations to serve the regulating officer with notice, it does not give any powers to the regulating officer to ban protests. It is important to note, therefore, that the action of the Inspector General of Police is illegal and unconstitutional as it goes against Public Order Act, Police Standing Orders as well as Article 37 of the Constitution. A similar action was also seen in a letter by the OCS Nairobi Central Police Station denying the “Justice for Jeff Initiative” group the right to peaceful demonstration citing security reasons not disclosed.  The CS for Interior, in a Press Statement, on the other hand shared a list of draconian and repressive proposed subsidiary legislation in the form of Regulations pursuant to the Public Order Act and the Statutory Instruments Act to provide for the legal circumscription of assemblies, demonstrations, pickets and petitions. These proposals do not meet the constitutional threshold under Article 24 of the Constitution on limitation of rights and fundamental freedoms. The call by the Inspector general could be blamed for the severe use of force by the police as witnessed on Monday. From the media reports, two people were shot dead by the police, one in Kisumu while the other in Kibra. Two more were injured from bullet would in Migori while several arrests were made in Kisumu, Migori and in Nairobi (Mathare, Kibera and Kayole).

On the freedom of press, several cases were reported by Media Council of Kenya (MCK) revealing attacks and harassment of journalist across the country. Reports of journalist being attacked by goons participating in the demos and by law enforcement officers who are supposed to provide security should not be tolerated. During the demonstrations, journalists from Citizen Tv and international media covering demos in Kibra, Nairobi, were attacked and robbed by a knife-wielding gang. In Mathare, two Africa Uncensored journalists were arrested by police. In the Nairobi CBD, NTV journalist reported that police demanded deletion of photos taken and destroyed the reporters press card. Police officers attacking journalists undermine press freedom, limits the public’s access to information, violates human rights and can cause physical or psychological harm. It is essential that journalists can carry out their work without fear of violence or harassment and the law enforcement agencies are held accountable for any actions that violates their rights or impede their ability to report on events.

We, therefore, call upon:

• The National Police Service to adhere to the law and conditions as to the use of force as per NPS Act and Service Standing Orders.
• The National Police Service to desist from harassing and intimidating journalists and instead provide adequate security for the journalists to conduct their work.
• The Ministry of Interior & National Administration and particularly the Cabinet Secretary to engage all key stakeholders in consultation forums to ensure that the proposed regulations to Public Order Act are within the constitutional threshold.
• IPOA to conduct investigations on the human rights violation to establish the level of police compliance with Article 244 of the Constitution, the Public Order Act and any other laws related to public management and the use of force.

Signed by