Human rights defenders in Kenya have been victims of intimidation, death threats, attacks, arbitrary arrest and detention, surveillance, fabricated charges, torture and ill treatment, as well as killing in a general climate of impunity. Human rights defenders carry on their work on issues including election monitoring, freedom of expression, rights for indigenous peoples, torture and extra judicial killings.

The police and the army continue to enjoy impunity for widespread and serious human rights violations including torture and unlawful killings. Human rights defenders who investigated the many cases of arrest, torture and killing by the military in the M. Elgon operation in 2008, were consequently intimidated, threatened and detained by the military. Human rights defenders who denounced irregularities during the 2008 election and the violence that ensued, were attacked, threatened and publicly stigmatised as ‘traitors’.

Human rights defenders suffered serious retaliation for cooperating with international human rights bodies. In 2009, many human rights defenders met and provided information to the UN Special Rapporteur on extra judicial, summary or arbitrary executions. When he left, a wave of violence hit them and two human rights defenders were murdered in broad daylight. A number of those who had work on extrajudicial executions, the Mt. Elgon operation and the post-election violence had to go into hiding or flee the country. Over a year later, intimidation and arbitrary arrest linked to the UN visit continue to be reported.

The Kenyan constitutional framework guarantees freedom of expression and freedom of information, but a revised Media Bill effective from November 2007 introduces a 13-member Media Council, with authority to grant and withdraw the accreditation of journalists, which seeks to monitor and regulate the media in a much stricter form. Journalists are harassed and attacked while reporting on human rights issues and governance. Following the controversial election results in 2008, the government banned live broadcasting by the Kenyan media in order to silence the denunciation of violence and the human rights abuses taking place.

Article 80 of the Constitution protects the right to freedom of assembly and association. However, in practice human rights defenders and groups are often arrested or otherwise harassed by police or security forces for their participation in peaceful demonstrations, and charged with ‘taking part in illegal demonstration’ or with “causing disturbance”. Several human rights NGOs reportedly had their office searched, properties confiscated and staff arrested.