Kenya: Release imprisoned activists, deliver justice for those affected by violence, and respect protest rights

CIVICUS and sixteen partner civil society organisations call on the Kenyan Government to respect Kenyan citizen’s right to protest, release arrested activists and to provide justice to those killed or injured in brutal retaliations by security forces. 

The global civil society alliance and campaign partners are appalled by inhumane repression of the ongoing protests against the Finance Bill 2024. So far, 41 people have been killed and over 100 people including human rights defenders, and journalists have been injured. 

During June 19-25, 2024, citizens of Kenya peacefully protested the 2024 Finance Bill, which proposed tax increases leading to higher prices for essential goods. Unfortunately, the Kenyan government ordered law enforcement agencies to respond to the protests with excessive and disproportionate force. 

The signatories of this statement are part of the We Rise campaign and Global Resource Hub for Freedom of Peaceful Assembly convened by CIVICUS. Many of the partners witnessed people’s protests and the frightening conditions created by the retaliations as were present in Kenya at the time. 

We condemn gross violations of the right to peaceful assembly by the Kenyan government in violation of the Kenyan constitutional guarantees and the international obligations of the Kenyan state; especially the International Covenant for Civil and Political Rights (ICCPR) ratified by Kenya in May, 1972 and the African Charter on Human and Peoples Rights ratified in January 1992. 

Article 134 of the Kenyan constitution provides a constitutional guarantee for the right to peaceful assembly and the right to freedom of opinion and expression, which puts a constitutional duty on the Kenyan government and law enforcement agencies to protect peaceful protestors and not violate their right by killing, injuring and arresting them.

Article 21 of the ICCPR also puts an international obligation on the Kenyan government to guarantee and facilitate the exercise of the right to peaceful assembly. General Comment No. 37 by the CCPR Committee – which explains how states are to comply with Article 21 – provides certain standards to follow to restrict a peaceful assembly such as conducting a proportionate response by only arresting violent protestors without dismissing or dismantling the protest itself, the prohibition of the use of live bullets in all cases and rubber bullets from certain distances not result in killing protestors and only when necessary.

Article 7 of the African Charter guarantees the right to a fair trial for everyone and in this case, all those who were arbitrarily arrested on the day of the protests, and the right to peaceful assembly in addition to the guidelines stated by the “Guidelines on Freedom of Association and Assembly in Africa”, providing standards similar to those in General Comment No. 37.

Despite these constitutional guarantees and international obligations, law enforcement agencies have continued to use excessive force, employing tear gas, water cannons, and invasive searches unjustifiably, in addition to rubber bullets from a close range, and live bullets. Such actions constitute a blatant violation of citizens' constitutional and human rights. While the government of Kenya has commissioned an independent inquiry into the handling of the protests, questions around accountability of the process and justice for victims of violence remain unanswered.

We stand with the Kenyan people’s right to peaceful assembly, free from violations and the unjustified use of force to restrict the exercise of the right to pass laws and policies with no accountability.

We call on the Kenyan government to:

1. Respect constitutional guarantees and constitutional duties related to the right to peaceful assembly and freedom of opinion and expression.
2. Comply with its international obligations including the ICCPR and the African Charter in addition to the General Comment No. 37 and the “Guidelines on Freedom of Association and Assembly in Africa.”
3. Release all those arbitrarily arrested during the protests.
4. Compensate the victims and their families for the deaths and injuries inflicted by law enforcement agencies.
5. Train law enforcement agencies, especially the riot police, on how to comply with international standards and best practices in dealing with protests and by Article 19 of the ICCPR and Article 9 of the African Charter.

Signed by: 

1. CIVICUS
2. HuMENA
3. Asian Forum for Human Rights and Development (FORUM-ASIA)
4. SALAM- DHR
5. Talanta Africa - TA
6. EAH-BienEtre 
7. Hope Behind Bars Africa
8. Defend Defenders
9. Lawyers Alert Nigeria
10. NGO JeRestaure Bien-Être
11. 2030 Youth Force Indonesia 
12. KontraS Sumatera Utara
13. Festivales Solidarios 
14. Colectiva Mesoamericana de Narrativas Sociales (Colmenas)
15. Accionar
16. ALQST
17. International Partnerships for Human Rights