For decades, Kakuzi PLC's iron fist has been crushing the hopes of generations fighting for their birthright—land.

Kakuzi is a multinational conglomerate specializing in agricultural produce and controls 32,900 acres of land in Murang'a, a county 65 kilometers northeast of Nairobi.

Organized communities determined to end historical injustices are challenging Kakuzi’s hold over this vast land.

The National Lands Commission’s (NLC) factfinding mission on March 14, 2024, brought these communities’ sheer courage to the fore.

With a wealth of historical evidence supporting their claim to the land, the communities provided testimonies detailing the brutal displacement they endured from their ancestral homes, orchestrated over the years under cover of darkness by guards employed by Kakuzi.

NLC toured the scenes of these historical human rights violations and interviewed victims.

On September 28, 2018, NLC convened its inaugural public hearing in Thika, prompted by petitions from locals seeking a return to their ancestral land. The Ndula Resource Center and the Kenya Human Rights Commission (KHRC) represented the communities. During the meeting, NLC was implored to visit the extensive land under Kakuzi's control. However, this visit never materialized.

Five years and five months later, in February 2024, another hearing took place in Nairobi, with more petitions from locals urging NLC to act fast and end years of landlessness. Finally, the visit took place on March 14.

Kakuzi, a multinational conglomerate focused on agriculture, owns 32,900 acres in Murang'a, 65 km northeast of Nairobi. Communities seek to challenge its land control to address historical injustices. Photo: Ernest Cornel.
The National Lands Commission’s (NLC) factfinding mission on March 14, 2024, at a vast land controlled by Kakuzi, brought to the fore communities’ sheer courage of ending landlessness. Photo: Ernest Cornel.
NLC toured the scenes of these historical human rights violations and interviewed victims. Photo: Ernest Cornel.

How it started

Between 1902 and 1966, Kakuzi—formerly known as Kakuzi Fibreland Limited—amassed extensive land holdings acquired from former British settlers in Kenya. These settlers had obtained land primarily through legal mechanisms and forceful dispossession during the colonial era.

The British colonial government implemented laws such as the Crown Lands Ordinance of 1902 and the Crown Lands Ordinance of 1915, which allowed for the alienation of vast tracts of fertile land from indigenous communities to European settlers.

Additionally, the British employed tactics such as coercion, fraud, and violent displacement to seize land from local communities, exacerbating the injustice and dispossession experienced by the Kenyan people.

This is the backdrop against which Kakuzi came to possess extensive land holdings in Murang'a. This action left the local population stranded in squatter camps within Kakuzi's territory, with many compelled to toil on its sisal plantations under conditions reminiscent of slavery.

In the early 1960s, Kakuzi relinquished the parcels to the Kenyan government and secured a 999-year lease in 1966. However, these communities were not resettled on their land. Today, descendants of the original farming communities rely on waged labor on Kakuzi farms and endure harsh living conditions.

Descendants of the original farming communities rely on waged labor on Kakuzi farms and endure harsh living conditions. Photo: Ernest Cornel.

Over the years, communities living on and adjacent to the Kakuzi estate have faced a myriad of serious human rights abuses, including alleged killings, assaults and rapes by Kakuzi guards. In June 2019, some 85 claimants moved to the British courts to sue Kakuzi's parent company, Camellia PLC, based in the UK, for these violations. UK-based law firm Leigh Day, working closely with KHRC and Ndula Resource Centre represented them.

In the wake of this legal proceeding and subsequent revelations of alleged sexual violence by Kakuzi guards, UK supermarket chains Tesco, Lidl, and Sainsbury's suspended their contracts with Kakuzi. 

Kakuzi's Makuyu avocado plantation had its Rainforest Alliance certification revoked, preventing the company from exporting its produce. As a result, according to its financial reports, the company experienced a significant setback in its multimillion profits, which plummeted by 52.88 per cent to Sh137.2 million.

Consequently, Camellia PLC reached an out-of-court settlement with the claimants, paying Sh696 million to victims of alleged violence and rape, alongside making remedial investments in the local Murang'a community. Kakuzi committed to establishing and executing an operational-level grievance mechanism to facilitate the fair and prompt resolution of any other allegations of human rights abuses.

Back to factfinding

Yet, one challenge persisted: access to ancestral land, which Kakuzi has adamantly refused to surrender, perpetuating entrenched historical injustices connected to colonization and economic exploitation.

This is the reason behind NLC conducting hearings and visiting Murang'a on March 14, accompanied by a representative from the office of the Attorney-General (AG), the Ministry of Lands, the Murang'a county government, victims of historical land injustices, and officials from Ndula Resource Centre and KHRC.

NLC is responsible for hearing and adjudicating historical land claims. The AG serves as the government's principal legal advisor. Since the land is public, Murang'a County holds it in trust for the people it represents. The Ministry of Land conducts surveys, demarcates boundaries, and issues title deeds, a critical process should NLC order Kakuzi to return the land for resettling squatters and for public utilities. Ndula Resource Centre and KHRC act as the victims’ representatives and continue to hold Kakuzi accountable for human rights violations.

Swaleh Githinji from the Ndula Resource Centre (pictured in the center, holding a phone) describes how Kakuzi displaced local communities from their ancestral land, condemning them to rocky, hilly, and infertile terrain. Photo: Ernest Cornel.

During the factfinding mission, NLC observed firsthand how descendants of the original farming communities live on their land as squatters under the whims of Kakuzi. The company condemned them to rocky, hilly, and infertile terrain. Others were compelled into squatter settlements and labour camps, while a significant number remained internally displaced persons both within and outside the jurisdiction of Kakuzi.

The parcels currently occupied by Kakuzi and in contention are LR10731 and LR11674. Out of 32,000 acres Kakuzi controls, the communities, totaling about 6,200 individuals, demand around 16,000 acres—12,000 from LR10731 and the remainder from LR11674.

On March 14, NLC visited the following land parcels: LR10731/3, LR10731/4, and LR10731/5. Other locations included Ithanga Phase Five, Kakuzi Primary School, Kasioni Dam, Miembeni, Kinyangi, and Kakuzi's macadamia factory and blueberry greenhouses.

In parcel 10731/3, spanning 700 acres, NLC learned that in 1989, Kakuzi gifted the land to its then-general manager, David John Munyae. However, it was revealed to NLC that this land was initially intended for settling squatters.

Kakuzi stated that, in 1970, it donated 250 acres in Ithanga Phase Five to settle 50 squatters. However, NLC discovered that Kakuzi had refused to relinquish the master title deed under LR10731. This prevented the community from processing their individual title deeds, denying them land ownership rights. This mirrored the predicament of Kakuzi Primary School, founded in 1958 and occupying 12 acres, and Kinyangi Primary School, established in 1949 and situated on 12 acres.

Kakuzi Primary School, founded in 1958 and occupying 12 acres, lack a title deed because Kakuzi PLC had refused to relinquish the master title deed under LR10731. Photo: Ernest Cornel
Kinyangi Primary School, established in 1949 and situated on 12 acres, also lack a title deed. Photo: Ernest Cornel.

The plight extended beyond a lack of title deed for Kakuzi Primary School. Students here endure a daily trek of 16 kilometers between home and school. Why? When these students' parents resided near the school, Kakuzi reportedly evicted them, compelling them to settle in Kakuzi Hills, eight kilometers away. To reach the school, students must traverse forests and navigate fields infested with snakes and other hazardous wildlife.

In Kinyangi, public institutions on a 50-acre administrative land lack title deeds. These include a chief’s office, a hospital, and a Ministry of Transport and Public Works site. Additionally, the Kinyangi Trading Center, covering five acres; the Kinyangi market, also under five acres; and three churches totaling 15 acres, similarly lack title deeds. How a private company donated land to government institutions and won’t release title deeds to them remains most baffling.

Areas yet to be visited

Areas yet to be visited under LR10731 include Kituamba-Kaloleni, where Kakuzi allegedly orchestrated a brutal eviction in December 1989, torching houses, maiming people, and destroying crops.

Also awaiting inspection are the Kituamba police station, erected in 1948, the Kituamba water supply station, constructed in 1976, and the New Nginye Dam—hailed as one of the largest in East and Central Africa—claimed by the Kaloleni and Kinyangi communities.

Should NLC proceed to Kakuzi Hills, the commission will witness firsthand how communities inhabit condemned land. Residents reported that Kakuzi coerced them onto the hills following their eviction from more fertile land downslope.

In Kinyangi, public institutions on a 50-acre administrative land lack title deeds. These include a chief’s office, a hospital, and a Ministry of Transport and Public Works site. Photo: Ernest Cornel.

In Kitito, Kitito Boys' and Girls' Secondary Schools, established in 1968, lack title deeds for the 25 acres of land they occupy. Similarly, Kitito Primary School, built in 1932 and covering 12 acres, also lacks a title deed. On September 2, 2016, these schools gained attention when another instance of violence by Kakuzi guards was captured on camera. Pupils protesting an alleged land-grabbing attempt on their school grounds were met with violence from Kakuzi guards, with police officers also involved. Video footage showed officers charging at children and assaulting journalists.

The most recent violent evictions occurred in Milimani-Kakuzi Hills, reportedly under the supervision of former Kakuzi general manager David John Munyae. When the NLC visits, it will witness the aftermath of the July 1999 brutality, which left Gaichanjiru village in ruins.

Further, Kakuzi is accused of restricting public access to rural road number 2315.

In 2019, the NLC ordered that Kakuzi's land leases not be renewed until all grievances related to historical land injustices are resolved. The NLC said current leases should revert to 99 years from 999. However, the Environment and Lands Court in Nairobi overturned this order last year.

Demands

KHRC and Ndula Resource Center urge NLC to accelerate its hearings to resolve the longstanding historical land injustices suffered by Murang’a communities. Additionally, both organizations demand that Kakuzi resettles all squatters and surrenders the master title deed to enable communities to process their title deeds. We also call for the unfettered and unconditional opening of all public roads that remain closed by Kakuzi.

In November 2023, the Kenya Human Rights Commission (KHRC) and the Centre for Research on Multinational Corporations (SOMO) exposed serious allegations of sexual harassment and abuse at the Kasigau carbon offset project, run by Wildlife Works Carbon, in Kenya.

The allegations of abuse dated back at least a decade and affected current and former employees of Wildlife Works and women living in the nearby communities. The company, which failed to identify this long-standing abuse, set up an investigation based on our reporting, and this led to the dismissal of one individual “for gross misconduct, including conduct in violation of the company’s policy against sexual harassment.”

Wildlife Works also terminated its Human Resources manager because he “created a culture of fear and intimidation that, according to interviewed personnel, prevented reporting of sexual harassment incidents.”

Wildlife Works subsequently alleged that SOMO had paid individuals to come forward with testimony. This is a baseless claim. Neither KHRC nor SOMO have ever paid people to provide information. Our organisations have a combined eighty-year record of ethical research and human rights activism.

KHRC and SOMO are unable to disclose the names of those who provided testimony to us, as we guarantee the anonymity of individuals, which is of paramount importance in research involving survivors of sexual harassment and abuse.

Protecting the victims’ identities is one of the reasons why KHRC and SOMO enjoy the trust of victims of corporate harm and abuse. When women and men come forward, they should be able to do so with their privacy and dignity protected. For this reason, we went to lengths to protect the women who came forward to tell their stories.

It is clear that the company found that the allegations documented by KHRC and SOMO were manifestly correct. However, the company has not investigated all the information provided.

Our research makes evident that allegations of sexual abuse were not confined to one perpetrator or one department. Our report and correspondence with Wildlife Works have been clear about the scope of the allegations we documented.

The decision by Verra to temporarily suspend the Kasigau project appears to have created a situation where communities believe that reports of abuse can lead to a loss of (potential) benefits.

This is consistent with the testimony given to us by an auditor of Kasigau (cited in our report) who told us that “local communities who benefit from project carbon revenues are less likely to share such issues, as doing so may risk the continuation of project benefits”.

The risk is that people are left with a choice to either live with abuse or lose benefits.

Meanwhile, at Kasigau, we understand that individuals who asked for anonymity and got it from KHRC and SOMO are being identified. This deepens our concern that a culture is emerging whereby those who suffer abuse may hear the message – do not expose abuse because the whole community may lose their benefits. 

This case exposes the insidious core of the carbon offsetting industry: reporting abuse can threaten the profits of the carbon offset business. No community anywhere should have to choose between reporting abuse or losing benefits. Communities at Kasigau should not lose benefits due to a corporate failure to identify and prevent sexual harassment and abuse. Nor should any woman ever have to face the choice of silent acceptance of sexual harassment and abuse to preserve wider community benefits from a company.

Editor's note: The Star newspaper was the first to publish this opinion article on March 18, 2024. Read it here.

On February 28, Ghana's parliament approved the Human Sexual Rights and Ghanaian Family Values Bill, a legislative move that significantly infringes on fundamental human rights. 

The Bill imposes harsher sentences for the LGBTQ+ community. It has a jail term of up to three years for anyone convicted of identifying as LGBTQ+. It also sets a maximum five-year jail term for forming or funding LGBTQ+ groups.

The Bill awaits President Nana Akufo-Addo's assent to become law.

Ghana's lawmakers took the cue from their Ugandan counterparts, who, on February 28, 2023, passed legislation that entrenched the criminalisation of same-sex conduct. The 2023 Anti-Homosexuality Act creates new offences that now curtail any activism on LGBTQ+ issues, with the punishment including life imprisonment.

Back home, a few months before Uganda passed the world's strictest anti-LGBTQ+ legislation, MP Peter Kaluma submitted the Family Protection Bill 2023, which could have led to 50-year prison sentences for "non-consensual same-sex acts".

A critical analysis reveals that these bills might have originated from one source, whose aim is to promote a raft of homophobic laws in Kenya, Ghana and Uganda, and potentially everywhere in Africa.

The language of the respective bills appeared related. Words such as 'family values' have been used to hoodwink the public into supporting the bills, yet they continue to spread anti-LGBTQ+ sentiment across the continent.

We see the hands of Western Evangelical groups in this growing onslaught against LGBTQ+ communities in Africa. This influence, often masked under the guise of missionary work or aid programmes, has led to a surge in homophobic attitudes and regressive policies across the continent.

According to an investigation by openDemocracy, over 20 United States Christian groups have poured at least $54 million (Sh7.4 billion) into Africa since 2007 to influence laws, policies and public opinion against sexual and reproductive rights. 

This substantial financial backing has empowered these groups to work closely with African lawmakers to push for legislation aligned with their conservative agendas. The alignment of some African clergy and lawmakers with Western groups highlights the complex dynamics where financial incentives may outweigh local rights and well-being. 

We begin this press conference with a message of solidarity and encouragement to all those who have lost their jobs in the nascent gig economy comprising supplies, delivery, outsourcing and ride-hailing due to shutdowns, bad labour practices, and lack of much-needed government protections. We urge the President, Parliament, the Ministry of Labour and Social Protection, the Directorate of Immigration Services and all other duty-bearers to act with speed to safeguard the best interest of all the affected workers in accordance with the Kenyan law.

In line with the above, we wish to state as follows:

WE BELIEVE that digital platform work represents an emerging and important aspect of the future of work. However, we also note that the rapid transformations in the labour marketplace are happening in a context that lacks the proper regulatory frameworks and/or weak enforcement mechanisms to ensure these transitions do no harm to the rights of parties involved, and that businesses do not violate the labour and related human rights of workers in their countries of operation.

WE ARE AWARE of several legal disputes lodged in the Kenyan courts in the past few months, including one in which more than one hundred and eighty (180+) online Content Moderators working for Facebook and Sama its sub-contractor in Kenya have sued the two companies for unlawful and unfair dismissal;

WE BELIEVE that just like the mass termination of hundreds of Facebook workers in Kenya, the sudden closure of some accounts for Remotasks and Jumia Food delivery services highlights the vulnerability of workers in this emerging realm of work, and especially those who depend primarily on such digital platforms work for their livelihood.

WE APPRECIATE that in a country grappling with significant levels of general unemployment (approximately 13%) and more specifically youth unemployment according to the 2019 census (approximately 39%) these digital platform jobs, including by companies and platforms such as Facebook, YouTube, Instagram, WhatsApp and TikTok are increasingly providing important opportunities for many young people in Kenya, Africa and elsewhere in the world to earn a living and economic sustenance.

HOWEVER, questions remain about how to ensure a safe, empowering and dignifying work environment for digital platform workers including fair compensation and equal pay for equal work, labour mobility across countries and new dynamics about the treatment of digital workers doing digital platform work away from their home countries. More importantly, we know that digitalization of labour platforms has serious implications for the rights of workers to organize and unionise.

IN VIEW OF THE ABOVE, WE ARE DEEPLY CONCERNED WITH:

  1. The Government of Kenya’s focus on the idea of ALL and ANY digital jobs without evident consideration for safeguards to protect the dignity and human rights of the Kenyan workers in this new realm of employment;
  2. The absence of clear and comprehensive framework for the protection of digital and platform workers’ rights including access to the right information, and fair and humane treatment at all times;
  3. Lack of transparency and/or intentional misinformation during recruitment for digital platform jobs, and intentional targeting of vulnerable groups for exploitation under the guise of ‘expanding opportunities.’
  4. Significant, unreasonable and unconscionable disparity in salaries, wages and benefits between digital platform workers in Kenya and their counterparts in the rest of the world;
  5. Inability of, and/or unwillingness of foreign-owned Business Process Outsourcing companies to prioritise the well-being (especially mental health) of their workers and provide adequate support for those in need;
  6. Increasing impunity and violation of the laws of Kenya, including violation of lawful Court Orders by foreign companies under the watch of the EPZ Authority;
  7. Senior government officials’ appearances with, patronising of, and seemingly subtle endorsement of, and solidarity with foreign companies that are in violation of worker’s rights and lawful court orders. In particular, we believe that the President’s visit to Sama on February 27 with Ethiopia PM Abiy Ahmed at a time when the company is facing court cases over worker exploitation, human trafficking, and modern slavery sends a wrong signal.

SUBSEQUENTLY, WE DEMAND THE FOLLOWING:

  1. That ALL companies offering work in the digital platform work space in Kenya conducts a self-assessment of their operations to ensure they operate within the laws of Kenya;
  2. That the Business Process Outsourcing (BPO) Association of Kenya and the Kenya Private Sector Alliance (KEPSA) hold their membership accountable for compliance in the spirit of self-regulation, and take steps to censure errant members for violations;
  3. That the EPZ Authority conducts and publishes a comprehensive compliance audit of all foreign companies in the digital platform work space in Kenya;
  4. That Parliamentary Committee on Labour commences investigations on the conduct of foreign companies operating in the digital platform work space in Kenya for unethical, discriminatory practices, including claims of union busting behaviour; as well as ensure formalisation of the gig economy
  5. That the Central Organisation of Trade Unions (CoTU) continues to stand in solidarity with all and any workers within the Republic of Kenya, and to offer support, solidarity and advise;
  6. Full adherence to Chapter 4 of our constitution and the labour laws in this country.
  7. That all demand for greater transparency and accountability from online task platforms operating in Kenya.

Ends...

ABOUT PROJECT~ETHER
Project~ETHER is a Knowledge-Dialogue-Action project that exists to promote the realization of a safe, dignifying and human rights compliant labour market in the tech and related sectors in Kenya and the region.

Signed

Siasa Place

Kenya Human Rights Commission (KHRC)

The Youth Agenda

Kariobangi Social Justice Center

Nairobi, Kenya—As we approach the International Women's Day celebrations, we must address a pressing issue plaguing our society: the crisis of unintended teenage pregnancies in Kenya, which comes with gross human rights violations. A recent report by the National Syndemic Disease Control Council (NSDCC) sounded the alarm, revealing a shocking statistic of 696 adolescent girls impregnated daily in 2023.

These numbers are a result of, among others, a lack of access to comprehensive sexual and reproductive health services and education. Health is a function shared between the counties and the national government, and as such, both share the blame for this crisis. Moreover, parents have a responsibility, under the Children’s Act and the constitution of Kenya, to promote the well-being and welfare of their children. The constitution tasks counties to promote primary and public healthcare to mitigate these unintended teenage pregnancies. Separately, the national government, through the Ministry of Health, is responsible for developing guidelines and policies for healthcare provision, including sexual and reproductive health.

Therefore, the national government’s action can potentially suppress or escalate the crisis at hand. In May 2023, the Ministry of Health pulled out of a major regional commitment that would have mitigated unintended teenage pregnancies and reduced HIV and sexually transmitted diseases. Kenya withdrew from the Eastern and Southern African (ESA) ministerial commitment to comprehensive sexual education. The withdrawal signals the lack of commitment by the government to protect our girls from early and unintended pregnancies and enforce laws to stop this scourge.

Resolving this crisis seems distant, especially considering the reckless remarks made by some leaders, including Bungoma Governor Kenneth Lusaka. Lusaka said pregnant girls should be barred from returning to class, undermining their right to education and victimizing them more. Ironically, Bungoma is one of the highest contributors to teenage pregnancy, with a prevalence rate of 19 per cent at the county level compared to the national average of 15 percent.

Counties with high teenage pregnancies

KHRC analyzed data from the Kenya Demographic and Health Survey (KDHS) 2022 report and came up with the top 10 counties with high numbers of teenage pregnancies among adolescent girls aged 15 - 19 years. Our girls cannot be reduced to statistics. Every girl counts, and a human rights violation affecting one girl is significant. The counties, according to KDHS, are:

  1. Nairobi County (452)
  2. Kakamega County (328)
  3. Bungoma County (294)
  4. Nakuru County (283)
  5. Kiambu County (267)
  6. Kilifi County (224)
  7. Meru County (206)
  8. Kisii County (192)
  9. Machakos County (178)
  10. Narok County (176)

Based on this, KHRC is issuing red cards to the following governors and a Cabinet Secretary for not making tangible and progressive steps to mitigate these unintended teenage pregnancies:

  1. Nairobi’s Johnson Sakaja
  2. Bungoma’s Kenneth Lusaka
  3. Kakamega’s Fernades Barasa
  4. Nakuru’s Susan Kihika
  5. Machakos’ Wavinya Ndeti
  6. Kiambu’s Kimani Wamatangi
  7. Kilifi’s Gideon Mung’aro
  8. Meru’s Kawera Mwangaza
  9. Kisii’s Simba Arati
  10. Narok’s Patrick Ole Ntutu

And, 

11. Health CS Susan Nakhumicha.

We are also highlighting counties with the highest per capita contribution to teenage pregnancies in Kenya. These are:

  1. Samburu County 50.1 percent
  2. West Pokot 36.3 percent
  3. Marsabit 29.4 percent
  4. Migori 23.0 percent
  5. Kajiado 21.8 percent
  6. Baringo 20.3 percent
  7. Siaya 20.9 percent
  8. Taita Taveta 18 percent
  9. Trans Nzoia 17.8 percent
  10. Isiolo 16.7 percent

Consequently, KHRC is issuing cards to the following governors for not making tangible and progressive steps to mitigate these unintended teenage pregnancies: 

  1. Samburu’s Jonathan Lelelit
  2. West Pokot’s Simon Kachapin
  3. Marsabit’s Mohammud Ali
  4. Migori’s Ochilo Ayako
  5. Kajiado’s Joseph Ole Lenku
  6. Baringo’s Benjamin Chesire Cheboi
  7. Siaya’s James Orengo
  8. Taita Taveta’s Andrew Mwadime
  9. Trans Nzoia’s George Natembeya
  10. Isiolo’s Abdi Ibrahim Hassan
Red-carded governors.

According to the KDHS, some of the causes of these pregnancies included poverty, sexual gender-based violence, low levels of education, harmful cultural practices, and; from other studies, the extended school closures experienced since 2020.

As a result, girls aged 15 to 19 years often face numerous human rights violations.

Overall, the above consequences amount to a violation of Article 53(1) (d) of the Constitution, which provides that every child has a right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhumane treatment and punishment, among others.

The above have been red-carded for the aforementioned teenage pregnancies, which could have been prevented had the governors implemented proactive strategies to address them per county mandate. Additionally, Kenya's withdrawal from the Eastern and Southern African (ESA) ministerial commitment to comprehensive sexual education and other critical policies could have contributed to these pregnancies. 

Importantly, we call on the following to take decisive actions to mitigate unintended teenage pregnancies:

  1.   The Ministry of Health must recommit to the Eastern and Southern Africa Commitment on comprehensive sexual education.  
  2.   The Ministry of Education must ensure that every teenage girl who falls pregnant is unconditionally permitted back to school and provided with the necessary psychosocial support without discrimination.
  3.   Governor Kenneth Lusaka must retract his statement against schoolgirls who fall pregnant and commit to facilitating their education.
  4.   The Council of Governors should interrogate the crisis as a matter of urgency and offer a collective voice on policy issues affecting the prevention and management of teenage pregnancies in Kenya.
  5. The parents must, in line with the Children’s Act and the constitution of Kenya, promote the well-being and welfare of their children.

Signed

Kenya Human Rights Commission (KHRC)

Nairobi, Kenya—Ghana's parliament on February 28 passed the Human Sexual Rights and Ghanaian Family Values bill, which represents a grave violation of fundamental human rights.

The bill imposes harsher sentences for the LGBTQ+ community. It has a jail term of up to three years for anyone convicted of identifying as LGBTQ+. It also sets a maximum five-year jail term for forming or funding LGBTQ+ groups.

The bill awaits President Nana Akufo-Addo's assent to become law, and poised to be one of the harshest towards the LGBTQ+ community in Africa.  The Kenya Human Rights Commission (KHRC) demands the president to veto the bill.

KHRC further demands that Ghana respects its obligation under the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and other international human rights instruments. These agreements explicitly protect the rights of all individuals, regardless of their sexual orientation or gender identity, and prohibit discrimination on such grounds.

The passage of the bill undermines Ghana's commitment to regional human rights instruments, including the African Charter on Human and Peoples' Rights and the African Charter on the Rights and Welfare of the Child.

The unfortunate development in Ghana will undoubtedly lead to widespread human rights abuses, including discrimination, persecution, and violence against LGBTQ+ individuals. It will foster a climate of fear and intolerance, further marginalizing already vulnerable communities and perpetuating injustice within Ghanaian society, as is the case in Uganda.

In May last year, Uganda's President Yoweri Museveni signed one of the world's strictest anti-LGBTQ+ laws, which spelt out the death penalty for "aggravated homosexuality". African legislators must stop their hate towards the LGBTQ+ community.

KHRC demands that Ghana's President Akufo-Addo veto the bill and reaffirm his commitment to upholding all citizens' fundamental human rights. Ghana should align its laws and policies with international human rights standards and work towards building a society that respects and celebrates diversity in all its forms.

Signed

KHRC

Civil society organizations in Kenya have noted with concern the government’s policy to begin exclusively issuing new ID applicants and people seeking to replace lost IDs with the new digital ID, Maisha Card despite the project’s serious design irregularities and exclusion concerns.

On February 23, 2024, the Principal Secretary for the State Department for Immigration and Citizen Services, Ambassador Julius Bitok announced the government’s plans to accelerate the issuance of the new generation National Identity Cards, known as Maisha Cards.

PS Bitok’s announcement followed the lifting of a court order that had suspended the implementation of the digital identity project known as Maisha Namba. Katiba Institute had filed a case with the High Court challenging the legality of the Maisha Namba project, but the matter has now been transferred to the constitutional and human rights division of the High Court for hearing and determination. It is because of this transfer to another division of the court that the interim order halting the rollout of Maisha Namba was lifted.

Another civil society organization, Haki na Sheria Initiative has also filed a petition with the High Court challenging the constitutionality of Maisha Namba.

We, civil society organizations, acknowledge and commend the High Court’s swift decisions, first to issue interim orders suspending Maisha Namba and secondly to transfer the Judicial Review case on Maisha Namba to another division of the court. However, we urge the government not to interpret this transfer of the case as consent to begin implementing the adoption of Maisha Namba before the full determination of the cases and putting in place reforms and safeguards to address the weaknesses of the system.

While announcing the pilot phase of the Maisha Namba project on November 1, 2023, PS Bitok had noted that the trials aimed to identify gaps with the digital ID system before the official launch across the country and had informed the public that transitioning to the new generation national IDs, Maisha card, would take a period of 2-3 years.

Further, the government has also maintained through several media briefs and in consultations with stakeholders that digital identity would not be mandatory. However, the government has now spurned the printing of the second generation national identity cards to exclusively issue Maisha Cards. effectively forcing all Kenyans seeking IDs to sign up for Maisha Namba.

This raises the prospect of Maisha Namba grievously disrupting people’s lives and having a profound impact on equity and access to ID cards for many Kenyans, particularly for the about 5 million people, who are indiscriminately locked out of or delayed in obtaining national ID cards due to discrimination and millions more who face obstacles like cost or being in rural areas far from registration centers.

It could also create a situation where the Maisha Namba digital ID becomes mandatory to access public and private services as was the case with Huduma Namba. This would disproportionately disadvantage those who don’t have Maisha Cards.

Moreover, given that multiple cases challenging the constitutionality of the Maisha Namba project are still due for hearing and determination before court, any court decisions declaring the project unlawful would have a serious effect on people’s ability to acquire nationality documents.

For instance, between December 2023 and February 2024, an estimated 600,000 Kenyans who had applied for IDs could not access their ID cards because the government began issuing only Maisha Cards to applicants, in violation of court orders. The few people who were lucky to obtain the Maisha Card also struggled to use it. Had the government put in place complementary measures including maintaining issuance of the current national ID cards, this problem would have been averted.

We note that the challenges Kenyans have already witnessed, barely three months into the pilot phase of Maisha Namba project, demonstrate how rolling back the harm and risks, not to mention the loss of public funds, would be almost impossible once the project is adopted.

We are also concerned that Maisha Namba does not address well documented flaws under the previous Huduma Namba project and the current citizenship processes that actively discriminate against minority and marginalized communities in Kenya. For the people who face challenges, such as ID vetting, distance or accessibility challenges, or even lack of digital infrastructure, in accessing nationality documents the risk of exclusion is heightened.

As a result, people who currently lack documentation such as birth certificates or ID cards will be unable to access the benefits of Maisha Namba as it will be issued based on existing population databases. Other major questions on the Maisha Namba eco-system including lack of a comprehensive legal framework, lack of public participation and consented opt-in, privacy and data protection concerns also loom large.

The Maisha Namba digital ID legal framework was created through the gazettement of regulations inserted to the Registration of Persons act and the Births and Deaths Act. This was not subjected to public participation as the constitution mandates.

The Maisha Namba Ecosystem as proposed also presents privacy concerns particularly by proposing a centralized digital ID system, which without regulatory safeguards are vulnerable to surveillance or unauthorized access by third parties.

Considering these challenges ushered by the rollout of Maisha Namba, we would also like to urge the government to reverse making digital ID mandatory and instead focus on voluntary enrollment through civic engagements and public awareness to secure buy-in from various segments of society, put in place a comprehensive legal and data protection framework to govern Maisha Namba, develop a transition trajectory, and prioritize those who lack documentation and guarantee their inclusion by ensuring they are issued with identity documents before the project is implemented.

Signed By:
1. Nubian Rights Forum
2. Kenya Human Rights Commission
3. Article 19 Eastern Africa
4. Centre for Minority Rights Development (CEMIRIDE)
5. Namati Kenya
6. Defenders Coalition
7. Haki na Sheria Initiative
8. Access Now
9. Protection International - Africa
10. Haki Centre

We citizens and institutions working in Kenya are shocked that the government is celebrating buying
back Eurobond with another Eurobond at a higher interest rate of 10.7% as per the statement issued
by the president on the 21st of February 2024 announcing, “Kenya’s successful settlement of a
substantial part of its 2014 $2.0 billion Eurobond” and the issuance of a new Eurobond.

The government's decision to issue a new $1.5 billion Eurobond to buy back part of the $2.0 billion
Eurobond pay-out due in June 2024 demands a critical evaluation in light of the country’s challenges
and debt management practices. This comes barely a week after another infrastructure bond was
issued without clearly indicating what it will be used for at an interest rate of 18.7%.

The President claimed that this financing strategy has reduced the overall debt by Ksh. 722 billion –
yet does not state the true cost of Kenya’s public debt stock to allow Kenyans to estimate the impact
of this reduction. This unsupported claim warrants careful scrutiny.

The economic backdrop against which this decision is made raises questions about its prudence. With
Kenya’s debt-to-GDP ratio at 70% and the country struggling to meet its revenue targets to avoid
defaulting on the current Eurobond pay-out due in June 2024, the move to issue a new Eurobond
appears to be a short-term fix to a more profound economic challenge.

Considering that the new Eurobond was issued in dollar denominated currency, the cost of servicing
this bond would likely to go up should there be further global shocks that would weaken the local
currency (shillings) – or should global interest increase via the US Federal Reserve.

Worth noting is that in 2023, the National Treasury in its attempt to buy-back of the 2014 Eurobond
was forced to cancel the plan due to investor concern of a significant proportion of the country's
limited foreign exchange reserves. It is also worth noting that the immediate liquidity demand to avoid
defaulting the $2.0 billion Eurobond forced the National Treasury to seek multiple lines of credit from
the International Monetary Fund (IMF) to shore up investor confidence at International Bond and
Capital Markets.

In the past 12-months, the IMF approved close to $1 billion of loans to Kenya through its Extended
Fund Facility, Extended Credit Facility, and Resilience and Sustainability Facility arrangements with
immediate access to $684.7 million.

While Kenya is grappling to repay its current public debt obligations, it is economically scandalous
that the IMF continues with its backed economic programs leading to Kenya issuing the most
expensive bond at over 10% in the medium term. This does not communicate economic stability.
Rather, it reflects the current state of economic despair and distress we are in as a country.

This new issuance’s higher interest rate translates to an annual interest payment obligation of $146.25
million from the $137.5 million paid on the 2014 Eurobond, translating to an increase of $8.75 million.
This would likely result in increased cost of debt servicing for the country.

The OKOA Uchumi Coalition is concerned that being a dollar-denominated bond, there are higher
chances of global economic shock awaiting in the form of increased interest rates and continuous
depreciation in local currency, thus making debt more expensive to repay.

We are also perturbed that parliament and the executive find it okay to repay a Eurobond whose
acquisition and utility have been questioned by the independent fiscal institutions. The ongoing debt
acquisition trend puts Kenya on a dangerous path to destruction, especially due to the continued
disregard for the need for debt to have intergenerational equity as per our constitution. Section 50 of
the Public Finance Act requires that the government ‘In guaranteeing and borrowing money, the
national government shall ensure that its financing needs and payment obligations are met at
the lowest possible cost in the market, which is consistent with a prudent degree of risk while
ensuring that the overall level of public debt is sustainable.’

It is also paradoxical that the government of Kenya is only concerned with the return of the private
investors in the refinancing and repayment of the bond rather than looking at the bigger picture of
the overall debt burden that is compounded by the pricing of the new Eurobond. Most importantly,
we wonder when the Public Finance Act Section 15 (2) b on fiscal responsibilities that requires
that in the medium term, all borrowing by the government be only for development initiatives
and not recurrent is applicable.

We also wonder when the law changed to allow for significant medium-term borrowing for debt servicing. The continued acquisition of debt on political and economic whims instead of legal and constitutional foundation is very concerning for a sovereign
state.

We reiterate that we are a country that is governed by the rule of law and we expect strict
adherence to the law including public finance management and management of public debt.

The OKOA Uchumi Coalition notes that the new Eurobond has a ‘B’ rating according to Fitch and
S&P with a negative outlook due to Kenya’s external debt refinancing risks amid high external debt
service requirements. This is a warning sign that not all is well in Kenya.

Even more concerning is that suddenly, credit rating agencies and international markets that previously
warned about Kenya’s unsustainable debt have surprisingly expressed confidence in the Kenyan
economy. Yet, it is in the public domain that the sole purpose of the new $1.5 billion Eurobond is to
repay the $2.0 billion due in June 2024. We see this process as a vicious cycle of Eurobond and debt
repayment with no plan to increase economic growth.

In conclusion, the OKOA Uchumi Coalition calls on the Kenya government to look for the best
financing strategies that will not result in increased debt distress because of short-term means of financing its development goals.

The financing strategies used by the government should reflect the true face of humanity, as highlighted in the Harare Declaration's call for citizenry and people’s voices.

We call on parliament as per Article 211 of the constitution to report to the people of Kenya the
analysis conducted in the Eurobond buyback, the setting of the interest rate on the 2024 Eurobond
and the February infrastructure debt; the use of the 2 bonds floated and whether it was specifically
approved by parliament, and the plans made at ensuring servicing of the said debts optimally and in
due regard of the Kenya youth demographic dividend that does not deserve the continued debt
burden.

Sincerely,
The undersigned Okoa Uchumi Campaign Members and Affiliated partners:
1. African Forum on Debt and Development (AFRODAD)
2. The Institute for Social Accountability (TISA)
3. CRAWN TRUST
4. Kenya Human Rights Commission (KHRC)
5. Transparency International Kenya
6. ActionAid International Kenya
7. Christian Aid Kenya
8. Inuka ni Sisi

February 25, 2024, Nairobi, Kenya—We are deeply concerned over the continued attempts by the
Office of the Director of Public Prosecu0ons (ODPP) to withdraw corrup0o cases involving high-profile
individuals perceived to be poli0cally connected; cases which have resulted in the loss of significant amounts of public funds.

We are also concerned by the disturbing pattern of discord between the Ethics and Anti-Corruption Commission (EACC) and ODPP in determining the direction that corruption cases ought to take; a
trend that undermines the fight against corruption and erodes public trust in the country’s criminal justice system.

In the recent proceedings on February 22, 2024, at the Milimani Law Courts, the ODPP sought to withdraw charges against three senior government officials of Geothermal Development Company (GDC), citing insufficient evidence. However, EACC vehemently opposed this move, highlighting that the withdrawal was not in the public interest and could potentially perpetuate the abuse of the legal processes.

A similar discord arose on 16th February 2024, concerning the withdrawal of charges against former Kenya Pipeline Authority bosses, further confirming the lack of harmony between EACC and ODPP in pursuing corrup0on cases.

These instances underscore deeper systemic issues within the prosecution of corruption cases to the extent that a section of the judiciary hearing the cases has criticized the conduct and management of cases by the ODPP. For instance, in the High Court's pronouncement in Criminal Revision Application No. E008 of 2023, Justice (Prof) Nixon Sifuna clamped down on the unjustified withdrawal of graft cases, declaring that guilt or innocence is determined within the court's purview, not the ligating parties parties, thus pointing to the need for a complete overhaul of the corruption prosecution system.

Given the foregoing, we propose the following measures to redeem the prosecution of corruption cases:

  1. Prosecutorial powers for EACC: We aver that granting prosecutorial powers to EACC would
    streamline the prosecution process and ensure a more cohesive approach to tackling corruption
    cases. This would enable EACC officers, often at the forefront of corruption investigations, to directly prosecute matters, thus reducing the likelihood of conflicting decisions among investigators and prosecutors. The gazettement of qualified EACC officers as special prosecutors should also be considered to formalize their role in the prosecution process. This will also enhance coordination in investigative and prosecutorial processes, leading to more effective outcomes in corruption cases.
  2. Strict adherence to the decision to charge guidelines: Implementing rigorous guidelines in the decision to charge will ensure that cases cleared for prosecution meet the requisite evidentiary
    threshold. This will minimize the risk of rushed or frivolous charges, or premature withdrawals,
    fostering confidence in the integrity of the prosecution process.
  3. Holding prosecutors personally liable for mismanagement of cases: If prosecutorial counsel bungles a corruption case, the court should lift the immunity of such prosecutors and hold them personally liable to discourage neglect of prosecutorial duty. This will stem the tide in the rising patterns of reckless dereliction of duty and lack of independence by prosecutors as witnessed in the bungled Ksh63 billion Aror and Kimwarer dams case.
  4. Harmonization of roles: There is need for harmonization of efforts between the ODPP and the EACC to avoid conflict and facilitate better coordination throughout the investigation and prosecution of corruption-related cases towards seamless, timely and successful outcomes of graft cases to inspire public trust in the entire criminal justice system and anti-corruption efforts.

Signed
1. Kenya Human Rights Commission (KHRC)
2. Transparency International Kenya (TI-Kenya) 

The Kenya Human Rights Commission (KHRC) and Elimu Bora Working Group (EBWG) have sued to stop national examinations until the 2023 KCPE and KCSE results are forensically audited.

KHRC and EBWG want the Kenya National Examination Council (KNEC) and Education Cabinet Secretary (CS) to do this audit and publicize the findings.

Widespread irregularities in last year's KCPE and KCSE results have triggered this suit.

KNEC released KCPE results on November 23, and candidates started receiving conflicting grades.

On November 25, KNEC acknowledged these irregularities. However, it did nothing to correct the anomalies, the petitioners say.

"KNEC's handling and/or release of the KCPE examinations 2023 results cast a shadow of doubt, and/or created uncertainty amongst the general public, on the ability (or otherwise capability) of KNEC to discharge the respective mandate of its office as spelt out in the law and the Constitution," the petitioners say.

On December 8, KHRC and EBWG made an access to information request to KNEC. They sought:

  1. KNEC policy and guidelines on marking, award of marks and moderation process.
  2. KNEC examinations guidelines and regulations.
  3. KNEC policy and guidelines on compiling, verifying, reviewing and reporting examination results.
  4. KNEC service charter.
  5. A detailed audit of the examination process.
  6. Statements and reports on the last review of any subsisting policies and guidelines stated herein.
  7. Statements and reports on public participation and stakeholder input in formulating subsisting policies and guidelines.

The petitioners believe that the requested information is crucial in preventing future irregularities in the marking and releasing of national examination results. KNEC, however, did not respond, even when the Ombudsman intervened.

Currently, the KNEC's grading process is unclear. Reports indicate that KNEC provides markers with predetermined targets, pushing them to assess a high volume of papers, a practice that may compromise the quality of results.

Additionally, the conditions under which markers are accommodated during the marking process remain unclear, potentially impacting their mental well-being.

The lack of such clarity and transparency makes the process of grading opaque and KNEC unaccountable.

As such, the petitioners say the forensic audit should include the process of marking, award of marks, moderation process, compilation, verification, and review of the results.

According to the case, KNEC and Education CS have 90 days to complete the audit should the court rule in the petitioners' favor.

Suppose the court compels KNEC and Education CS to do the audit and fail. In that case, the petitioners want an order prohibiting them from "setting and conducting any KCSE examinations, including issuing KCSE examinations results and certificates".

Read the petition here.

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