Kenya

OVERVIEW

Although important political and social reforms have taken place in the past decade, including the adoption in 2010 of a new and progressive constitution, issues related to tribalism, political violence, corruption, police brutality and widespread impunity permeate the daily lives of Kenyans and define the environment in which human rights defenders (HRDs) operate. In 2012 alone, 400 people were killed and more than 200,000 others were internally displaced following resource-based and politically motivated violence in Kenya's Northern coastal region.

While Kenya maintains the appearance of a country where the public space is open, specific categories of human rights defenders encounter a wide range of risks as a result of their work. These include human rights defenders and journalists working on highly sensitive corruption issues, those who document or contribute testimony on past violence (including the 2007/2008 post election violence and frequent extra-judicial killings by the police) as well as those using peaceful demonstrations as an advocacy tool.

In November 2012, an anti-corruption activist narrowly escaped death after a vicious attack in downtown Nairobi by two individuals who asked about some of his work before hitting him with hard objects. In 2009, four human rights defenders, including two prominent ones who were conducting investigations on extra-judicial killings were shot dead in the streets of Nairobi. Detention and filing of frivolous court cases against HRDs who take part in peaceful demonstrations has become a common practice.

Human rights defenders denouncing human rights violations committed by the police forces have continuously faced reprisals. Members of civil society organisations such as Bunge la Mwananchi, which promotes social justice and accountable leadership, have been repeatedly arrested and subjected to ill-treatment while in detention, received threatening anonymous calls and some have undergone trials under accusations of “belonging to an illegal organisation” and “participation in an illegal protest.”

Another group at serious risk are human rights defenders who provided information to the International Criminal Court (ICC) investigation on the 2007/2008 post-election violence. In that context, several human rights defenders were forced to relocate from their regions after receiving threats and accusations of betraying their communities. Many human rights organisations perceived to collaborate with the ICC investigation had their offices broken into in search of information and computers and hard drives were stolen.

Journalists have also been subjected to acts of intimidation, such as threatening phone calls and judicial harassment.

Human rights defenders working with sexual minorities’ rights have become victims of instigations by politicians and religious leaders. There have been incidents of community violence following anti-gay statements delivered by religious leaders and requests of closure of organisations working on research and treatment of HIV/AIDS. Prominent HRDs vocal on lesbian, gay, bisexual and transgender (LGBT) rights have faced stigmatisation and smear campaigns, which resulted in increasing difficulties in their day-to-day life.

URGENT CASES

Logo of Bunge La Mwananchi
2013/05/16

On 15 May 2013, human rights defenders Messrs Francis Sakwa, John Abok and Patrick Kamotho, along with thirteen other protesters, were released from Nairobi parliament police station on free bond pending their reporting back to the...

CASE INDEX

Ruth Mumbi stands accused alongside Victoria Atieno
2013/02/25

On 26 February 2013, the next hearing will take place of a two-year old trial, in which human rights defenders and women's rights activists Ms Ruth Mumbi and Ms Victoria Atieno...

2012/10/30

On 30 October 2012, seven human rights defenders including four members of “Bunge La Mwananchi” (The People's Parliament) appeared before the Makadara Law Courts in Nairobi for the latest hearing in the trial against them for alleged “incitement to violence”...

2012/08/16

Human rights defenders struggling against high levels of corruption in the disability sector in Kenya have suffered a series of threats and intimidatory actions since the airing of an investigative documentary exposing this corruption on 28 and 29 July 2012, as well...

2012/08/1

On 30 July 2012, environmental rights defender, Ms Phylis Omido, appeared in a Mombasa court to face criminal charges brought against her as a result of a campaign she has been conducting against a lead-processing plant based in Owino Uhuru village.

2011/01/21

Since November 2010, human rights defender Mr Wilberforce Wanyama Lumbuku has reportedly been subjected to a campaign of threats and harassment including detention, break-ins and public stigmatisation, most recently on 13 January 2011.

Further...