Lobbies: Kenya accepts rights proposals but doesn’t keep its word

A section of civil society agencies have complained to the UN that though Kenya accepts recommendations by various players to address human rights infractions, it does not keep its word.

In a report tabled before the UN’s pre-session of the Universal Peer Review mechanism in Geneva between February 18 and 21, the lobbies complain that though the Nairobi administration committed to address the complaints about its human rights record, it has regressed instead.

The Universal Periodic Review is a process that allows UN member states to assess each other’s human rights records and it takes place every four and a half years.

The third cycle took place in January 2020. The four cycle is upcoming.

The lobbies, led by Kamau Ngugi, the executive director of Defenders Coalition, complained that it was concerning that Kenya freely accepts to address the gaps identified by peer states but fail to follow through with action.

The statement issued by the Defenders Coalition to the agency says that during the third cycle, Kenya willingly took up key recommendations that touch on the state of civil and political rights, freedom of assembly, association and protection of human rights defenders but ignored them later.

During the 2020 cycle, Kenya received 320 recommendations, an increase compared to 253 recommendations in the second cycle.

Of the 320, Nairobi accepted 260 and said it noted the remaining 60 recommendations.

Thirteen recommendations aimed at fostering a safe and enabling environment for civil society while 29 recommendations were on safeguarding Human Rights defenders.

These recommendations emphasised the need for investigations into attacks on HRDs and the enhancement of journalists’ safety.

It also called for the guarantee of respect and upholding of the rights to freedom of expression and association and the adoption of a law protecting HRDs per international standards.

Specifically, Greece made a recommendation to the Kenyan government to take further measures towards guaranteeing the freedom of peaceful assembly.

Poland recommended ensuring the unimpeded functioning of democratic processes in the country including transparent regulations on exercising the right to peaceful assembly.

Especially after the 2022 elections and the 2024 Gen Z protests, they say, trends have been worse.

“Despite constitutional guarantees, state security agencies continue to violate these rights by the use of excessive force when policing peaceful assemblies,” the statement reads.

Over 800 cases of peaceful protesters sustaining injuries and others over 110 protesters losing lives in the last four years have been documented.

Administrative actions of prior notification of security agencies for state security to be provided during protests continue to hinder the realisation of this right,” it adds.

“The increased misuse and abuse of procedures by the police is concerning.

The failure to arrest and prosecute police officers who violate the rights and freedoms of peaceful protesters is concerning and needs to be addressed comprehensively,” it says.

During the 2024 protests, the Kenya National Commission on Human Rights reported that at least 61 persons were killed by police who used excessive force.

“Disappearances and arbitrary arrests, including those of critical voices, doctors and lawyers, were observed, with some victims abducted from their homes,” lobbies say.

“Accountability measures for the perpetrators of these violations are lacking. These actions reveal a troubling pattern of repression that contradicts the government’s commitments to fulfill the constitutional right to peaceful assembly.”

Further, the lobbies say, the country received and accepted four recommendations to guarantee the freedom of expression.

Despite this, there has been a continuous and deliberate violation of this right and especially in online spaces.