The Network of African National Human Rights Institutions (NANHRI), led by Chairperson Mr. Joseph A. Whittal, has expressed deep concern over recent developments in Kenya. The organization issued a press statement condemning the excessive use of force by Kenyan security agencies against protestors opposing the proposed 2024 tax bill.

NANHRI’s statement highlighted the alarming increase in public unrest and criticized the government’s harsh response, which has resulted in the deaths of unarmed protestors and injuries to many others. The organization echoed sentiments shared by the African Commission on Human and Peoples’ Rights, emphasizing that abductions and enforced disappearances are unacceptable violations of fundamental human rights and freedoms.

NANHRI has called on the Kenyan government to respect and uphold the rule of law by not impeding civic space, particularly the rights related to freedom of assembly, demonstration, picketing, and petition.

“These rights are enshrined in Article 11 of the African Charter, which guarantees the right to assemble freely with others, and in Article 37 of the Constitution of Kenya, which specifies that ‘Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”
Mr. Joseph A. Whittal, Chairperson of NANHRI

Mr. Whittal emphasized that respecting these fundamental rights is crucial to maintaining a democratic and inclusive society.

The statement from NANHRI strongly condemned the excessive and lethal force used by Kenyan police, which has resulted in the loss of lives and numerous injuries. Over 400 individuals, including observers and journalists, have been injured in what were intended to be peaceful demonstrations. Reports of unlawful abductions and unjust detentions, particularly of young people, have further exacerbated the situation.

Mr. Whittal highlighted that the use of excessive force by the police is a severe violation of human rights and contrary to international policing standards and guidelines. NANHRI called on the Kenyan government to refrain from using live ammunition to reduce fatalities and ensure the safety of protestors.

Upholding Constitutional Obligations

The Kenyan government has a constitutional obligation to provide a safe environment for protestors, as outlined in the Constitution of Kenya 2010. NANHRI emphasized the need for the government to account for missing persons and ensure that the rights of protestors are protected.

NANHRI commended the Kenya National Commission on Human Rights for upholding its mandate by monitoring the protests and urging respect for human rights and fundamental freedoms.

“NANHRI emphasizes the critical need to ensure that these individuals are not unfairly vilified, targeted, or harmed for exercising their fundamental civic rights. Safeguarding their safety and well-being is paramount in support of their unwavering dedication to upholding and promoting human rights.”
Mr. Joseph A. Whittal, Chairperson of NANHRI

The statement stressed the critical need to ensure that human rights defenders are not unfairly vilified, targeted, or harmed for exercising their fundamental civic rights. Mr. Whittal noted that safeguarding these individuals is paramount to supporting their dedication to upholding and promoting human rights.

Finally, NANHRI urged the Kenyan government to engage in dialogue to resolve the ongoing impasse surrounding the proposed 2024 tax bill. The organization warned that failing to do so could plunge the country into further chaos. Dialogue, according to Mr. Whittal, is essential to avert a crisis and maintain peace and stability in the nation.

The press statement by NANHRI underscores the organization’s commitment to promoting and protecting human rights across Africa. The condemnation of excessive force and the call for respecting civic rights highlight the urgent need for the Kenyan government to address the concerns of its citizens in a manner that upholds democratic principles and human rights standards.

Mr. Whittal’s message is a clarion call for the Kenyan authorities to prioritize dialogue, accountability, and the protection of fundamental freedoms to ensure a just and peaceful resolution to the current unrest. As the situation unfolds, NANHRI’s vigilance and advocacy will remain crucial in supporting the rights of the Kenyan people and promoting a democratic society.