Kenya must lift protest ban and end pattern of police brutality ahead of poll, UN experts warn
GENEVA (16 October 2017) – Kenya must lift its newly-imposed ban on protests in key cities, end police brutality during
demonstrations, and halt attacks on the judiciary and civil society in the tense run-up to presidential elections on 26
October, a group of UN experts* has urged.
“It is precisely when political tensions are high that governments should do their utmost to let people express their
grievances and to protect their rights. Participants in peaceful protests are exercising and defending their legitimate
right to voice their demands and express dissent,” the experts said.
“Even before this ban was imposed, we were witnessing a pattern of police brutality and excessive use of force against
protesters, as well as consistent harassment of judges and threats to civil society,” the experts added. "Any
unnecessary, excessive or otherwise arbitrary use of force by law enforcement officials is incompatible with the
absolute prohibition of cruel, inhuman or degrading treatment."
The ban means no protests can be held in parts of Kenya’s three largest cities - Nairobi, Mombasa and Kisumu - until
further notice. Kenya’s Interior Minister cited “imminent danger” of breaches of the peace and public order issues, and
warned that under existing laws, all other protests elsewhere in the country needed prior police permission, adding that
organisers would be held criminally liable for any offence by any participant.
The experts noted that some previous protests had been marred by violent incidents, but urged the government to lift the
ban without delay as it is under current circumstances neither necessary nor proportional, and – when responding to any
violence - to ensure that security forces prioritized dialogue and non-violent responses.
“Kenya is facing a choice. We urge it to choose to uphold its constitution and pursue strengthening of its democracy, to
avoid deepening political divisions and exacerbating tensions,” the experts said.
“Once that choice is made, it can say no to violence, repression, and impunity and a resounding yes to building trust –
in institutions and processes and between citizens.”
The experts said there was currently an alleged climate of impunity for law enforcement officers despite the launching
of several investigations, including one into the violence that followed the 8 August general election, when dozens of
people were killed and dozens injured as a result of police action.
“The apparent gap in accountability is often caused by a lack of cooperation from the Kenya Police Service,” the experts
noted.
They highlighted a recent incident on 28 September, when 27 students and staff at the University of Nairobi were
reportedly injured when police used tear gas, beat them with wooden clubs, robbed them and threatened them with sexual
violence.
A few days later, on 2 October, police reportedly used tear gas in a nursery in Nyalenda, injuring at least three
children, while protests in some other parts of the country were also met with a heavy-handed response by security
forces.
“We call for a prompt, independent and thorough investigation into all allegations of police brutality,” the experts
said.
“Impunity fosters a culture of violence and mistrust, the opposite of what Kenya needs as it prepares for a repeat of
the presidential elections,” the experts added.
They commended Kenyan individuals and parties for addressing grievances through relevant judicial mechanisms, but
expressed serious concern over repeated attacks against individual judges and the judiciary in general and attempts to
limit the courts’ role in hearing election-related petitions.
The experts also expressed concern over reports that the government had suspended, or was considering suspending, the
activities of the International Development Law Organisation, an intergovernmental body which has been providing vital
non-partisan support to the judiciary and other parts of the Government to promote the rule of law.
“Preserving the independence of the judiciary and constitutionally mandated institutions is of paramount importance as
Kenya works towards delivering free, peaceful and fair presidential elections,” the experts stressed.
“Preserving the role of civil society is equally important. Robust checks and balances are the prerogative of every
democracy. It is therefore imperative that Kenya implement the 2013 Public Benefits Organizations Act as soon as
possible.”
The experts denounced fake information being circulated on social media seeking to denigrate human rights organisations,
including members of the Kura Yangu Sauti Yangu initiative which works for free and fair elections.
"This is unacceptable and must immediately stop,” the experts said. “Over the years, we have repeatedly raised concerns
with the Government of Kenya about shrinking civil society space and attacks on individual human rights defenders.
“There has been no response from the Kenyan Government to at least 18 communications in the last three years. The
Government now seems to have embarked on an effort to constrain even further freedoms of association, expression and
opinion."
ENDS