President William Ruto’s directive to crack down on foreigners operating small-scale businesses in Kenya has unleashed a wave of violence, as reports emerge of physical attacks, intimidation, harassment, and their establishments being targeted, looted and destroyed, costing them their livelihoods.

While the regime has a legitimate authority to regulate immigration, employment and commercial activities, such regulation must comply with Kenya’s constitution, as well as regional, continental and international human rights obligations. It must not result in discrimination, collective punishment, arbitrary deprivation of livelihoods, or expose people to violence because of their nationality or national origin.

Ruto’s announcement, which initially set a September 7 deadline for all affected foreigners to leave Kenya (and later revised to a 90-day “regularisation” window), has pushed the country to the edge, drawing uncomfortable parallels to recent events in South Africa.

In South Africa, xenophobic attacks have posed severe human and economic dangers, undermining regional stability and the rule of law. Mobs and vigilante groups have targeted foreign nationals with beatings, whippings, pepper spray, and fatal shootings. Repeated waves of violence have displaced tens of thousands, forcing families to flee their homes and seek refuge in public spaces and consulates.

Kenya now risks following a similar path, as this week’s state-directed hostility toward foreigners suggests. The regime has a duty to refrain from violating the rights of migrant workers and take reasonable measures to protect them from violence, intimidation, discrimination and attacks, because they are entitled to equal protection of the law, personal security, dignity and due process.

Ruto is scapegoating foreign workers for his regime’s failure to deliver on promises to create jobs and alleviate poverty since taking office four years ago. With less than a year until a decisive poll, Ruto is, unfortunately, trying to whip up public emotions, especially among voters from low-income neighbourhoods (as he did with his Hustlers Vs Dynasties narrative in the last general election), by falsely attributing their unemployment to foreigners operating in Kenya.

Economic hardship and unemployment cannot justify discrimination against migrant workers or make them convenient targets for public anger. Nor can the regime respond to legitimate concerns about employment and economic opportunity by treating an entire category of people as collectively responsible for Kenya’s economic challenges. But Kenyans should recognise that the economic hardship many face is largely the product of the Kenya Kwanza regime’s own policies, not the presence of foreigners. 

The regime must distinguish between lawful regulation and arbitrary or discriminatory enforcement. Any action against individual businesses or foreign nationals must be based on clear law, applied fairly and proportionately, and subject to due process and the right to challenge administrative decisions. The regime must not presume criminality or wrongdoing solely on the basis of nationality.

This troubling trend is not unique to Kenya. In July 2025, Tanzania’s President Samia Suluhu banned small-scale business activities by foreign nationals. Such arbitrary measures threaten socio-economic rights and expose small businesses across the region to retaliatory policies and violence.

These developments are particularly concerning within the East African Community, whose regional integration framework is premised on greater movement of people, goods, services and economic opportunity. Measures that stigmatise foreign nationals or encourage hostility towards them risk undermining regional integration and the principle of equality and non-discrimination.

The Local Content Bill, 2025, a centrepiece of the regime’s justification for its crackdown, purports to regulate small-scale trade. But equating “local content” with Kenyan nationality contravenes the EAC common market protocol and Article 2 of the African Charter on Human and Peoples’ Rights, which protects against discrimination based on national or social origin.

Any implementation of local-content, immigration or commercial regulations must comply with constitutional standards of legality, equality and non-discrimination. Regulation of economic activity cannot become a licence for collective punishment, harassment or the arbitrary destruction of livelihoods.

We demand that the regime halt directives that indiscriminately punish foreigners and infringe on their fundamental rights. Due process must be observed, and those responsible for attacks and looting should be immediately brought to justice.

Elimu Bora Working Group expresses deep concern over mounting revelations regarding the distribution of Teachers Service Commission (TSC) employment letters through political offices and State House, raising questions about transparency and accountability in Kenya’s education sector.

Recent disclosures by Moses Wetang’ula, Speaker of the National Assembly, reveal that certain Members of Parliament were summoned to State House and handed batches of TSC employment letters to distribute among their constituents. The Speaker’s revelation, including suggestions that some job opportunities were sold to desperate applicants for as much as Sh400,000, has cast a shadow over the independence and integrity of teacher recruitment in Kenya.

These revelations cannot simply be dismissed. They demand a transparent, independent and comprehensive investigation by competent bodies.

TSC, established under Article 237 of the Constitution, is an independent body tasked with overseeing the recruitment and employment of teachers across Kenya.

The Constitution expressly gives TSC the responsibility for registering trained teachers, recruiting and employing teachers, assigning teachers to public schools, promoting and transferring teachers, and exercising disciplinary control. The Teachers Service Commission Act, 2012, further provides the statutory framework through which TSC performs these functions.

TSC has a recruitment systems that allocate opportunities based on teachers’ qualifications, graduation timelines, existing vacancies, and the staffing needs of individual schools and regions. Such systems are crucial because some communities, especially those in marginalised and hardship areas, continue to experience severe teacher shortages.

The controversy, however, is not new. During the tenure of former Education Cabinet Secretary Ezekiel Machogu, public concern flared when he reportedly handed a TSC employment letter to a beneficiary at a funeral.

Why should employment letters for teachers be distributed at funerals, political gatherings, or through politicians, when Kenya’s Constitution has established an independent commission specifically to oversee teacher recruitment?

Elimu Bora insists that the TSC's constitutional mandate must be respected to safeguard the integrity of the teaching profession. Permitting politicians to determine recipients of employment letters undermines the credibility of the entire system.

Ideally, a teacher should not have to know an MP, attend a political event, or pay money to access an opportunity that should be available through a transparent, merit-based recruitment process.

Demands

In light of these revelations, Elimu Bora is demanding that an independent forensic audit of all TSC recruitments and appointments made over the past four years be commissioned. Only a transparent and thorough investigation can restore public confidence in the system and ensure that Kenya’s teachers are selected on merit, not on political patronage.

Among the key questions the audit must address are the following:

  1. The total number of teachers recruited and employed by TSC over the period in question.
  2. The names of those recruited (with all personal information protected as required by law), their qualifications and graduation years, and the counties, constituencies and schools to which they were posted.
  3. The number of vacancies declared across the country, the criteria used to select successful candidates, and whether the distribution of opportunities matched actual teacher shortages and staffing needs.

Elimu Bora is also demanding that investigators establish who, how, and to what extent political offices or actors outside the lawful TSC recruitment structure played a role in identifying beneficiaries, how money was paid in exchange for employment, and who received it.

The people of Ol Kalou went to the polls on June 16, 2026, and handed a resounding win to MP-elect Sammy Douglas Kamau Waweru amidst heavy terror that reigned on the voting day.

What started as a normal voting day quickly spiraled into near anarchy when gun toting men in masked faces descended on the peaceful town causing terror, mayhem and lawlessness.

The men, believed to be police drove around, some in unmarked vehicles, attacking residents and journalists and lobbing teargas to disperse crowds.

KHRC deployed 12 election monitors and four staff members across the constituency. Our observers were present before polling began, throughout voting and during the counting process. They documented events as they unfolded and verified their observations against reports from affected communities, journalists, election stakeholders and publicly available information.

Many of the incidents recorded during the by-election have already been reported. This statement draws together those events to show what they reveal about the direction of Kenya’s electoral environment and the issues that demand action before the 2027 general election. Measured against Article 81 of the Constitution, the conduct of the by-election did not meet the standards required for a free and fair election. The observations that follow set out where those constitutional safeguards failed in practice.

Noteworthy, Ol Kalou mirrored concerns documented during the Malava and Mbeere North by elections, where violence, intimidation, misuse of public resources and declining confidence in electoral institutions were also recorded. The recurrence of these violations across successive by elections suggests that they are becoming entrenched in Kenya’s electoral environment. Unless decisive action is taken, these conditions are likely to re-emerge during the 2027 general election, with serious implications for electoral credibility, public confidence and constitutional governance.

One death, dozens of injuries

KHRC documented serious human rights violations during the byelection. James Muigai Mwathi, aged 30, died from injuries sustained during violent attacks involving heavily armed security officers and organised groups. Dozens of other people were injured, while many reported assaults, robbery and the destruction of their property, leaving voters fearful and disrupting the conduct of the election.

Journalists were among those targeted during the by election with KHRC documenting attacks on 10 of them, including Jafferson Mwangi, Mary Mwathi, Elisha Gatua, Martin Wacera, Caroline Wachira, Enos Teche, Bridgette Ngana, George Kieru, Fiona Akinyi and Dickson Matakwa, who were assaulted and robbed at gunpoint while carrying out their professional duties.

These attacks raise serious concerns about media freedom and the public’s constitutional right to access information during elections. They signal a shrinking civic space ahead of the next poll, where intimidation of journalists could restrict independent reporting, weaken public oversight and reduce electoral transparency.

KHRC documented at least 10 unmarked vehicles, including Toyota Prado and Volkswagen models, carrying heavily armed officers across the constituency, some of whom were seen firing from moving vehicles. The rogue police officers in civilian, faces covered, and armed to the teeth with lethal weapons, including high-calibre rifles, teargas canisters, water cannons, and more, descended on and wreaked havoc at several polling stations, including Huruma, A.C. Primary School, Ol Kalou Comprehensive School, St. Joseph Primary School and Mundi Polling Station.

Should these operations recur during the 2027 general election, investigating electoral violence and identifying that responsible will become even more difficult, leaving victims with fewer avenues for justice and placing greater strain on the credibility of election security.

Bribery

Numerous incidents of voter bribery were recorded during the by-election, including cases involving public officials. In many instances, women were used to distribute money and other inducements on behalf of political actors. Their prominent role in these activities points to the exploitation of economic hardship for political ends, exposing women to electoral offences while those directing and financing the schemes remain largely out of public view.

Our monitors also observed irregularities in the administration of assisted voting as many elderly persons and persons with disabilities legitimately received assistance as provided for under the law, several instances suggested attempts to influence the electoral choices of assisted voters. -

Many voters remained at polling stations long after voting because they did not trust that their ballots would be secure once they left. Although electoral regulations require voters to leave after casting their ballots, many choose to stay and watch over the process. This loss of confidence in the institutions responsible for managing elections offers an early indication of the challenges that could shape the 2027 general election. Without decisive institutional reforms, more voters may feel compelled to guard the process themselves.

The Kenya Human Rights Commission (KHRC) is concerned about electoral violence, voter intimidation, voter bribery, and the misuse of public resources ahead of the Ol Kalou Parliamentary by-election on July 16. The by-election was occasioned by the death of David Kiaraho.

These developments fall short of the standards set by the Constitution, particularly Article 38, which guarantees every Kenyan the right to make political choices freely, and Article 81(e), which requires elections to be free from violence, intimidation, improper influence and corruption, and to be conducted transparently, impartially and accountably.

Although the Independent Electoral and Boundaries Commission (IEBC) cleared nine candidates who publicly committed to peaceful campaigns, the campaign period has been marked by incidents that threaten the credibility of the electoral process.

There have been deadly clashes between rival political supporters, leaving at least eight people injured, damaging property and disrupting campaign events. KHRC is equally concerned by credible reports that government programmes and official activities intensified alongside political campaigns. Public resources must never be used, or appear to be used, to confer an electoral advantage. Articles 10 and 232 of the Constitution, together with the Leadership and Integrity Act and the Public Officer Ethics Act, require public officers to exercise power impartially and in the public interest.

KHRC has also taken note of reports that a section of Ol Kalou voters was invited to the State House shortly before polling day. While KHRC cannot independently verify those claims, public officials must avoid conduct that creates a perception of political favour or undue influence during an election.

The Constitution places clear obligations on institutions responsible for the electoral process. Under Articles 86 and 88, the IEBC must conduct elections that are transparent, accurate, accountable and impartial. The Election Offences Act criminalises voter bribery, intimidation and violence, while Article 238 requires security agencies to discharge their mandate in a manner that respects human rights and fundamental freedoms.

KHRC demands:

  1. The IEBC to administer the election independently, impartially and transparently, and ensure every eligible voter can vote freely and that the results reflect the sovereign will of the electorate.
  1. The National Police Service, per the law, to provide security to all, ensure all deployed officers are clearly identifiable, and act promptly against perpetrators of electoral offences.
  2. The Ethics and Anti-Corruption Commission (EACC) to investigate reports of misuse of public resources and abuse of public office, and take appropriate actions against offenders.
  3. The Office of the Director of Public Prosecutions (ODPP) to prosecute electoral offences promptly, regardless of the status or political affiliation of those involved.
  4. Political parties, candidates, and their supporters to reject violence, intimidation, hate speech and voter bribery.
  5. The people of Ol Kalou to reject inducement and intimidation, and exercise their constitutional right to vote freely.

We, the undersigned civil society organisations, human rights defenders, citizens, grassroots movements, and champions of accountability, strongly condemn the escalating, coordinated, and lawless campaign of intimidation levelled against The Institute for Social Accountability (TISA), its Executive Director, the entire team, and other Okoa Uchumi Campaign members.
Increasingly, we are witnessing a chilling regression towards dark-era police-state tactics specifically targeting defenders of public finance integrity and civic space. TISA is the latest defender of democracy to come under attack - an attack we believe has been instigated by this government. This state-sanctioned assault seems to grow bolder by the day, as illustrated by the alarming incidents documented below:

❖ The All Saints Cathedral Church attack, where state-hired goons targeted a meeting of civil society actors working on public finance management within a sanctuary of prayer. The goons publicly confessed to having been sent by some powerful government officials to carry out the heinous attack. Notably, TISA was one of the co-conveners of the event that was disrupted by goons on June 12, 2026, alongside Okoa Uchumi partners.

❖ Surveillance and Road Harassment: Since early June 2026, TISA's Executive Director, Diana Gichengo, has been subjected to a continued pattern of intrusive surveillance and road harassment by tinted Subaru and Prado vehicles, including repeated tailing along routes she regularly uses to and from work. This came shortly after she was informed that individuals close to a well-known government official had been making inquiries about her on the basis of TISA's public finance management accountability work.

❖ On Thursday, July 2, 2026, at least 13 suspected state security officers in four Subarus attempted to gain entry into the TISA offices. Operating entirely outside of legal procedures, the men aggressively demanded the identification and surrender of “the lawyer” who works at TISA.

❖ This pattern of state-led attacks and intimidation of vocal human rights defenders is clearly visible. The regime has previously unlawfully rendered KHRC staff member Martin Mavenjina to Uganda, and continues to refuse his return to be reunited with his family. This intimidation escalated further a year ago, when suspected state-hired goons attacked a press conference organised by KHRC and Inuka Kenya at KHRC's office, injuring one of their board members. The press conference had brought together mothers of victims of police killings and enforced disappearances, alongside journalists, to call on the regime to end the killing and disappearance of their children, an appeal the goons were evidently sent to silence.

❖ Additionally, the state denied Brian Kagoro of the Open Society Foundation entry into Kenya and unlawfully returned him to South Africa, despite his having legally resided and worked in the country for decades.

❖ It did not stop there. During the June 25 commemoration, police arbitrarily arrested and forcibly disappeared seven human rights defenders, who were later found abandoned and tortured in different parts of Nairobi. The seven were Fredrick Ojiro, Collins Otieno, Muteti Mulinge, Elisha Alam, Michael Ngugi, Christine Lubanga, and Davis Luchuma. Abdulaziz Duba Molu, Michael Oloo Osura, and Macmillan Kiarie Mugo are still forcibly disappeared even though their unlawful arrest happened before the June 25 commemoration.

This is not law enforcement; it is organised state-enabled terror against citizens exercising their constitutional rights. The continued deployment of armed, masked, plain-clothes and unidentified security personnel operating alongside or in protection of state-sponsored goons has become a defining feature of the assault on Kenya's civic space. These actors routinely operate outside the law, conceal their identities, use unmarked vehicles, carry out unlawful arrests, enforced disappearances, assaults and intimidation, while enjoying apparent protection from accountability. This coordinated architecture of repression must be dismantled immediately, and those responsible, whether they planned, commanded, facilitated or protected these operations, must be investigated and prosecuted.

The actions of the security agencies and their proxies fly directly in the face of the Constitution of Kenya, 2010. We remind the state and the National Police Service (NPS) of the explicit constitutional boundaries and obligations contained in articles 10, 29, 33, 36, and 244 of the Constitution of Kenya regarding the ongoing harassment and intimidation of civic actors.

Through strategic litigation initiatives, mostly led by actors here today, Kenya’s Judiciary has repeatedly drawn a line in the sand against rogue police tactics and the closing of civic space. We draw strength from and cite the following landmark judgments:

In Kanchory v Service & 3 others [2025] KEHC 13792 (KLR) at para 62, the High Court soundly condemned the deployment of plainclothes officers in unmarked vehicles to disappear or intimidatecitizens, ruling that:
“Given their mandate to serve all, why would police officers conceal their faces and identity and bundle people in unmarked vehicles? It is only criminals engaged in criminal activities who wear hoodies and masks to conceal their identity and move in vehicles without registration plates or with false plates to avoid identification and accountability.”

While our courts continue to affirm the state’s obligations to protect women, the reality on the ground tells a different story: women leaders are still routinely targeted with intimidation and violence, including sexual violence.

We note that the police's failure to stop the goons at All Saints Cathedral Church, KHRC’s office, and other reported community meetings, as well as their active harassment of civic leaders, including those from TISA, renders them personally liable for constitutional violations. With credible allegations that security agencies have coordinated with, facilitated, or protected such actors while simultaneously deploying masked, armed and plain-clothes officers to intimidate citizens, these actions and omissions amount to serious constitutional violations and demand urgent, independent criminal investigations into operational commanders and those exercising political authority over these operations.

OUR DEMANDS

We refuse to be cowed into silence and demand the following:

1. The Directorate of Criminal Investigations (DCI) and the Inspector General of Police must immediately halt the illegal tracking, surveillance, and office raids directed at TISA's Executive Director and staff.

2. The National Police Service must officially account for the fleet of Subaru vehicles used on July 2, identify the officers in black suits, and state the legal basis for targeting a civil society lawyer. Furthermore, the unmarked Subaru used for the illegal apprehension of human rights defenders on July 7 in the CBD must also be immediately investigated. Any officers found to have participated in unlawful operations must be subjected to criminal and disciplinary proceedings.

3. IPOA Investigation: The Independent Policing Oversight Authority (IPOA), together with other competent investigative authorities, must immediately investigate not only the July 2attempted raid on TISA but also the broader pattern of coordinated attacks involving state-sponsored goons, masked and plain-clothes security officers, unmarked vehicles, enforced disappearances, arbitrary arrests, torture, assaults on civic meetings and the protection afforded to perpetrators. The investigations must identify those who planned, commanded, supervised, and executed these operations and recommend criminal prosecutions where appropriate.

4. The state must guarantee the safety of TISA staff, all civil society organisations, and human rights defenders demanding accountability from the political class at all levels. At the same time, there must be immediate investigations into the grave violations that have already occurred, including assaults, enforced disappearances, arbitrary arrests, torture, illegal surveillance, official raids and attacks perpetrated by state-sponsored goons and security personnel. Those who ordered, commanded, facilitated, or failed to prevent these violations despite having a constitutional duty to do so must be held individually accountable. Any further violations committed against civic actors will constitute additional evidence of command responsibility on the part of the leadership of the National Police Service and other responsible state agencies.

5. Should any harm, enforced disappearance, arbitrary arrest, unlawful detention, or extrajudicial action befall any member of TISA or the civil society at large, the leadership of the Inspector General of the National Police Service will be held personally and criminally responsible.

6. The Departmental Committee on Administration and Internal Security in the National Assembly must convene urgent hearings to investigate the July 2 raid and broader intimidation of civil society. The Inspector General of Police, Cabinet Secretary for Interior, and IPOA should be compelled to testify under oath, provide full disclosure of operations involving Subarus and other unmarked and irregularly registered vehicles, and outline measures to protect civic actors.

We stand in unyielding solidarity with TISA and the civic actors, citizenry and human rights defenders whose safety and security are being undermined by the escalating deployment and impunity of state- sponsored and protected goons. The Constitution protects our right to speak truth to power, and no amount of black suits, unmarked cars, or state-hired goons will roll back the democratic gains won by the blood and sweat of the Kenyan people. We invite the diplomatic community and development partners to closely monitor the unfolding situation and publicly report on the ongoing attacks in Kenya's civic space.

SIGNED:

Supported by Co-signing Civil Society Organisations

1.#EndFemicideAfrica
2. #EndFemicideKe
3. ActionAid International Kenya
4. Activista Isiolo Chapter
5. Activista Makueni Chapter
6. Africa Centre for Open Governance (AfriCOG)
7. African Centre for Environment Rights and Development (ACERD)
8. African Initiative for Women Human Rights Defenders
9. African Social Development Focus (ASDEF)
10. Africans Rising
11. Alliance CBO-Bondo Siaya County
12. AMKA Space for Women's Creativity
13. Amnesty International Kenya
14. Angaza Jamii CBO
15. Arid Areas Paralegals Networks
16. Article 19
17. Association of Grassroot Journalists Kenya
18. Badili Africa
19. Bajeti Hub
20. Beatrice Kayesi David - Right to Food Ambassador
21. Brenda Kiprop
22. Bunge Mashinani Initiative
23. Bungoma Civil Society Forum (BCSF)

24. Bungoma Governance and Peace Advocates
25. Bungoma Youth Bunge forum
26. Celine Odipo - Sustainable Action CBO
27. Center for Enhancing Democracy and Good Governance (CEDGG)
28. Center for Rights Education and Awareness (CREAW)
29. Christine Kyalo-Rise and Serve Women Network
30. Chyulu Development Foundation
31. Civic Freedoms Forum
32. Civic Voices
33. Civil Society Reference Group
34. Coalition for Grassroots Human Rights Defenders Kenya- (Pussy Power)
35. Collins Yogo Odhiambo
36. Community Advocacy and Awareness Trust (CRAWN Trust)
37. Community Transformative Initiatives CBO
38. Community-Led Solutions CBO
39. County Youth and Adolescent Network (CYAN Kenya)
40. Defenders Coalition
41. Diana Kageha - Right to Food Ambassador
42. Domitila Okemo - Right to Food Ambassador
43. East Africa Law Society
44. Edith Alysa - Right to Food Ambassador
45. Eimu Bora Working Group
46. Election Observation Group (ELOG)
47. Elevate Livelihoods, Peace and Advocacy (ELPA)
48. Elizabeth Angeyo - Right to Food Ambassador
49. Eustine Iminza - Right to Food Ambassador
50. Ezekiel Odeoh-Mwalie Health CBO
51. Faith Odhiambo
52. Federation of Women Lawyers in Kenya (FIDA Kenya)
53. Fight Inequality Alliance Kenya
54. Frontier Hope
55. George Bush O-LSK-Kisumu
56. Getrude Kamonya - Right to Food Ambassador
57. Girl Concern CBO
58. Global Afrikanas Konnection - G.A.Ks
59. Good Health Community Programmes Kakamega
60. Grassroot's Voices
61. Green Aid Org
62. Haki Nawiri Afrika
63. Haki Yetu Organisation
64. Happy Life For Development CBO
65. Henrica Bahati - Right to Food Ambassador
66. Hope in the Desert
67. Hudson Mulonga - Right to Food Ambassador

68. Ignatius Nyukuri- Alliance for Persons with Disabilities
69. Independent Medico-Legal Unit (IMLU)
70. InformAction (IFA)
71. Initiative for Equality and Non-Discrimination (INEND)
72. Institute of Economic Affairs (IEA Kenya)
73. Institute of Public Finance (IPF)
74. International Federation for Human Rights (FIDH)
75. Inua Mama Mjane CBO
76. Inuka Community Developers Network
77. Inuka Kenya Ni Sisi!
78. Irene Ojwang-Nyarongi Women Network
79. Isiolo Gender Watch
80. Jackline Munanga - RTF Ambassador
81. James Nyabera - Tambua Social Justice Center/Right to Food Ambassador
82. Japheth Ojijo - Integrated Development Facility-IDF
83. Jecinta Ogando -SRHR champion
84. Jijenge Youth Organization
85. Jikaze Foundation CBO
86. Joseph W. Muyela-Khwisero Social Justice Centre
87. Josline Chemitai Rotich
88. Josphine Apwoka - Right to Food Ambassador
89. Kakamega Voices Community Based Organization
90. Kaketumaso CBO
91. Kathelwa Disabled Self Help Group
92. Katiba Institute
93. KELIN Kenya
94. Kelvin Tsiyeli - Right To Food Ambassador (RTF)
95. Kenya Devolution CSO Working Group
96. Kenya Human Rights Commission (KHRC)
97. Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU)
98. Kenya National Interface Team (KNIT)
99. Kenya Peasant League
100. Kiambu Social Accountability Network (KISANET)
101. Kiambu Solidarity Network
102. Kiambu Youth Bunge
103. Kiengu Women Challenged to Challenge
104. Kimumu Youth for Change
105. Kisumu County Accountability Alliance (KISCAA)
106. Kitise Kithuki Professionals CBO
107. Kituo Cha Sheria
108. Kwale Civil Society Consortium
109. Lakeshore For Community Transformation ( LACOT)
110. Law Society of Kenya (LSK)
111. Likuyani Community Empowerment Organisation

112. Lucky Summer Social Justice Center
113. LuminousSafe-space Organization
114. Magharibi CBO
115. Makueni Civil Society Network (MACSON)
116. Makueni Convoy of Hope
117. Makueni University Students Association
118. Makueni Youth WASH Parliament
119. Manyatta B Social Justice Centre
120. Mathare Social Justice Centre
121. Mercy Mamboleo - Right to Food Ambassador
122. Mildred Asibiko – Right to Food Ambassador
123. Moureen Onyango – Right to Food Ambassador
124. Mukuru Community Justice Centre
125. Muslims for Human Rights (MUHURI)
126. Muungano Rural Empowerment Centre
127. Mzalendo Trust
128. Nahashon Nyahera – Stardy Sharp Kenya /Right to Food Ambassador
129. Namvic CBO
130. Naomi Wairimu
131. National Gay & Lesbian Human Rights Commission
132. National Integrity Alliance
133. National Students Caucus (NSC)
134. Nelly Jegogo Kipketer - Right to Food Ambassador
135. Network for Research & Governance
136. Nitasema Foundation
137. Nubian Rights Forum
138. Ojwang Philip-North Karachuonyo Ward Social Accountability Network
139. Okoa Uchumi Campaign
140. OneToAll Initiative CBO
141. Pan African Solidarity Network
142. Pan-African Grassroots Women's Liberation
143. Partnership for Transformational Development -Kenya (PTD- Kenya)
144. Partnerships 4 Empowerment & Networking in Kenya
145. Pascal Wambua
146. Paul Kuya - Right to Food Ambassador
147. PAWA254
148. Police Reforms Working Group
149. Provident Community Initiative (PCI)
150. Reproductive Health Accountability and Response Kenya-RHARK CBO
151. Riabai Youths CBO
152. Rita Elaki - Hamisi PAG Disabled Group
153. Ruth Anyona – Right to Food Ambassador
154. SAGE CBO
155. Selly O. Manyala-Homabay County Peace Network CBO

156. Shinyalu Policy Lab Kakamega
157. Siasa Place
158. Smatkkey CBO
159. Solidarity and Capacity for Opportunity, Defenders in Action (SCODA)
160. Spark Bridge Initiative CBO
161. Stepping Stone HIV/Aids Positive Women CBO
162. Tambua Social Justice Center
163. Tembea Youth Centre for Sustainable Development
164. The Constitution and Reform Education Consortium (CRECO)
165. The East African Civil Society Organizations Forum (EACSOF)
166. The East African Tax and Governance Network (EATGN)
167. The Institute for Social Accountability (TISA)
168. The International Commission of Jurists (ICJ KENYA)
169. The Pan African Lawyers Union (PALU)
170. The Social Justice Centers Working Group
171. Thuranira Salesio Mutuma (HRD-Meru County)
172. Transparency International Kenya (TI-Kenya)
173. Tribless Youth
174. Tunaenda Deaf Empowerment CBO (Homabay)
175. Uasin Gishu County Civil Society Network
176. Uchaguzi Platform
177. United Disabled Persons of Kenya (UPDK)
178. United Green Movement (UGM)
179. University Students' Leaders Association (USLA)
180. Uplift Mentorship and Talent Development Centre (UMTAD)
181. Utu Bora Social Justice Center
182. Utu Wetu Trust
183. Uzalendo Social Justice Center
184. Victor Olenja - Right to Food Ambassador
185. Vitalis Marcel-Ndhiwa Social Accountability Network CBO
186. VOCAL Africa
187. Wajir County Civil Society Consortium
188. Wangu Kanja Foundation
189. We Believe Community Organization
190. Winam Community Social Justice Centre
191. Women Collective Kenya
192. Women In Justice Centers - Western Chapter
193. Youth Agenda
194. Youth and Women Advocacy Network (YWAN-KENYA)

For media inquiries, contact Ernest Cornel on 0722253893 or Mulayi Muni on 0729051400.

This week marks one year since one of the most violent assaults on the Kenya Human Rights Commission (KHRC) in its more than three decades of defending human rights and constitutional freedoms.

Between the night of July 5 and the afternoon of July 6, 2025, two events struck at the heart of constitutional democracy and the rule of law. Senior Legal Adviser on Transitional Justice Martin Mavenjina was forcibly and unlawfully renditioned to Uganda after being intercepted at Jomo Kenyatta International Airport as he returned from an official assignment in South Africa.

Less than 24 hours later, our office in Nairobi was attacked by state-backed goons who disrupted a press conference held by mothers whose children had been killed or disappeared by police during anti-government protests.

Wave of repression

Mavenjina lawfully entered Kenya on the night of July 5, 2025. After clearing immigration, he was stopped by officers, his passport was confiscated, and he was placed on a flight to Kampala against his will. KHRC maintains that his rendition was unlawful and violated national and international legal protections.

The next afternoon, as journalists, human rights defenders, and mothers gathered for a press conference, the office was stormed by state-backed goons. Attendees were assaulted, property was damaged, and personal belongings were stolen. The militia demanded that the press conference be halted.

The mothers had gathered to demand justice and accountability following the state-led deaths and disappearances of their children during the protests of June and July 2024 and June 2025. They also wanted to tell the William Ruto regime not to use lethal force against their children as they prepared to mark Saba Saba, the anniversary of the nationwide pro-democracy demonstrations that began on July 7, 1990, that was happening the following day.

Repeated calls for police intervention went unanswered as the attack continued for about 40 minutes. The incident was later reported at Muthangari Police Station under OB No. 45/06/07/2025.

One month later, former United Nations Special Rapporteur on the situation of human rights defenders, Mary Lawlor, requested explanations from the government regarding Mavenjina's unlawful removal and the attack on the KHRC office. After months of silence, the government responded in October 2025, stating that “investigations were ongoing”.

A year later, no findings from those “investigations” have been made public. No one has been charged in connection with the attack on the KHRC office. No public explanation has been provided for the decision to unlawfully rendition Mavenjina to Uganda. Accountability remains elusive.

State repression and violence, perpetrated by police forces and organized goons, remain deeply entrenched. These tactics are wielded against individuals and organizations seeking to advance civil rights and public interest. KHRC, Transparency International Kenya, the Institute for Social Accountability, and All Saints Cathedral Church, among others, faced yet another incident on July 12 this year, when state-backed goons disrupted a budget review meeting at the church.

This wave of state repression is a reminder of the dark days under the KANU regimes of Presidents Jomo Kenyatta and Daniel arap Moi. These actions undermine the democratic and constitutional progress we painfully fought for.

The continued failure to investigate all these incidents undermines public confidence in the rule of law and signals that attacks against human rights defenders, journalists, and victims seeking justice may occur with impunity.

The attack on KHRC and the mothers of victims of police excesses targeted the constitutional rights to freedom of expression, peaceful assembly, association, and access to information. It aimed to prevent families from speaking about the loss of their loved ones and to intimidate those defending human rights.

Despite these events, KHRC has continued its work without fear. We remain unbowed. On this first anniversary, we renew our demands to the Ruto regime to:

  1. Publicly disclose the status and findings of investigations into the forcible and unlawful rendition of Mavenjina to Uganda and the attack on KHRC, the mothers of victims of police excesses, and journalists.
  2. Facilitate Mavenjina's safe return to Kenya, enable him to reconnect with his family, and respect his rights under Kenyan, regional, and international law.
  3. Ensure that all individuals responsible for planning, facilitating or carrying out these acts are identified and held accountable in accordance with the law.
  4. Guarantee the safety and protection of human rights defenders, journalists and victims who seek to exercise their constitutional rights without fear of intimidation or violence.
  5. Immediately end the culture of goonism, political violence, and repression.
  6. Uphold Kenya's constitutional and international obligations to protect civic space and ensure that human rights organisations can operate freely and without interference.

Below is a timeline of events related to the unlawful rendition of Mavenjina, and the attack on KHRC, journalists and mothers of victims of police excesses.

Chronology of events

July 5, 2025 | 6:00 p.m.

KHRC issues a media invitation for a press conference scheduled for 2:00 p.m. on July 6, 2025, where mothers of victims of police killings and enforced disappearances are expected to speak publicly ahead of the Saba Saba demonstrations.

July 5, 2025 | 10:00 p.m.

KHRC Senior Legal Adviser on Transitional Justice, Martin Mavenjina, arrives at Jomo Kenyatta International Airport from an official assignment in South Africa. He clears immigration, and his passport is stamped.

Approximately 10:30–11:30 p.m.

Minutes after clearing immigration, Mavenjina is stopped by officers, escorted to an immigration office, and his passport is confiscated. He is later escorted to the Kenya Airways counter by an immigration officer and National Intelligence Service (NIS) officers and issued a ticket to Kampala, Uganda.

July 6, 2025 | Shortly after midnight

Mavenjina is placed on a flight to Uganda against his will. KHRC maintains that his rendition  from Kenya was unlawful and violated his rights under Kenyan and international law.

July 6, 2025 | 1:00 p.m.

Mothers of victims of police excesses, journalists and invited guests begin arriving at the KHRC office in Nairobi for the scheduled press conference.

July 6, 2025 | 2:08 p.m.

State-backed goons storm the KHRC office shortly after the press conference is scheduled to begin. Mothers, journalists, and KHRC staff and a board member are assaulted, property is damaged, and personal belongings are stolen. The militia demands that the press conference be cancelled.

July 6, 2025 | 2:10–3:00 p.m.

KHRC places repeated calls requesting police assistance from Muthangari Police Station. No officers respond while the attack continues for approximately 40 minutes.

July 6, 2025 | 4:00 p.m.

KHRC formally reports the attack at Muthangari Police Station.

Occurrence Book (OB) number 45/06/07/2025 is recorded.

July 8, 2025 | about 6:30 p.m.

Two men identifying themselves as officers from the Directorate of Criminal Investigations (DCI) arrive at the KHRC office after working hours, seeking to photograph the premises. They are asked to return during office hours, but they do not do so.

August 5, 2025

Former United Nations Special Rapporteur on the situation of human rights defenders, Mary Lawlor, formally writes to the Government of Kenya requesting explanations regarding:

August–October 2025

No response is provided by the Ruto regime to the communication.

October 27, 2025

Prime Cabinet Secretary Musalia Mudavadi responds, stating that “investigations are ongoing.”

One year later

One year after the incidents:

There must be accountability. KHRC has prepared an accountability tracker, shown below.

Accountability tracker

Screenshot 2026 07 08

Towards a transformative and inclusive justice mechanism for victims of state atrocities in Kenya

A KHRC commentary and advisory on the KNCHRC’s report on reparations for victims of violations of human rights, including demonstrations and public protests during the June 25 second anniversary 

 

Kenya Human Rights Commission (KHRC) is a premier Non-Governmental Organization with a mandate of working with the people to consolidate their sovereign power to claim their rights and enhance accountability.  Transformative justice for various categories of victims, particularly those harmed by state apparatus, as well as the marginalised and disadvantaged groups in society, remains one of our core approaches and areas of work. This aims to consolidate our long history and legacy of successfully applying transitional justice and, among other progressive human rights mechanisms, in both national and transnational spheres to address systemic and mass atrocities committed by state and corporate violators from the colonial era to the five post-independence regimes, including the current Kenya Kwanza regime.

This period from 1895 to 2026 has seen the entrenchment of a culture of impunity by the governing elite as they enforce politically punitive and anti-people economic policies. The people of Kenya have remained persistently resistant to such bad governance systems. The ensuing confrontation between the state and people has seen gross human rights violations mainly committed by the police and other oppressive organs. Most of these have remained unresolved despite numerous truth- and justice-seeking processes, while the executive and political elite responsible have continued to drive them.

June 2024 saw a repeat of this, as Gen Z and the public at large organised both online and offline protests against the publication of a very oppressive Financial Bill. Many young people were injured, disappeared, killed and property worth millions of Kenyan shillings was destroyed. 

This situation deepened the national and international demand for truth and justice. The proposal by the Kenya Kwanza regime in July 2025 to develop a reparations framework targeting victims of state violence from 2017 to 2025 was along those lines. The initial plan was to have an executive-led process under the so-called Panel of Experts on Compensation of Victims of Demonstrations and Public Protests. However, this was challenged by many actors within and outside the courts for overriding the constitutional mandate of the state’s Kenya National Commission on Human Rights (KNCHR). KHRC and its partners remained at the centre of this, providing policy and political insights. Finally, KNCHR took up the mandate and organised stakeholder consultations, during which many partners, including KHRC, shared their insights and recommendations. KNCHR prepared and handed over its report to Mr William Ruto on June 15, 2026.

We agree with the following recommendations (not exhaustive) by the KNCHR, as verbatim captured in their report, and as earlier advised in our memorandum to it:

  1. All investigative agencies, including the National Police Service, the Independent Policing Oversight Authority should prioritize and urgently finalize investigations into all reported cases of police violations committed against members of the public during protests, in order to enhance accountability and access to justice for affected individuals and families.
  2. The Office of the Director of Public Prosecutions should consider fast tracking the prosecution of law enforcement officers who participated in perpetrating human rights violations against civilians during public protests.
  3. Immediate support to victims of human rights violations, including victims from demonstrations and public protests, through an administrative process underpinned by the reparations guidelines pending the enactment of policy and legal framework.
  4. A formal public apology to victims of human rights violations, expressly acknowledging State responsibility for the harm documented in this Report. The apology should be accompanied by a publicly articulated guarantee of non-repetition, reflecting a commitment to implement the legislative, institutional, and policy reforms recommended herein.
  5. The Office of the Director of Public Prosecutions should consider review and, where appropriate, terminate all ongoing criminal proceedings against human rights defenders and protesters arrested and charged in circumstances arising from the lawful exercise of rights under Article 37 of the Constitution.
  6. Social health benefits for victims to support continued medical care, psychosocial support and trauma counselling. Special attention should be given to survivors of torture, enforced disappearances, unlawful detention, sexual and gender-based violence, and victims who have suffered permanent physical or psychological harm. 
  7. Restoration of property, reinstatement of employment, restoration of identity documents, return to places of habitual residence, and restoration of access to education, health care, and livelihoods where these were unlawfully disrupted. 
  8. Formulation and adoption of a National Reparations Policy to provide an overarching framework for reparations, as well as urgent enactment of a comprehensive Reparations Act to establish a permanent legal framework governing the administration of reparations to victims of human rights violations.
  9. The Act should establish a permanent, ring-fenced Reparations Fund to be administered by an independent Institution. The Fund should be financed through annual appropriation from the National Treasury, supplemented by donations, grants, and other sources. The establishment of a dedicated Fund is necessary to ensuring sustainable, predictable, adequate financing for reparations.

  1. Full implementation of the report of the Truth, Justice and Reconciliation Commission published in 2013 (covering 1963 to 2012) and other investigations undertaken by the state and civil society institutions between 2013 and 2017. 
  2. Immediate payment of reparations awarded by courts in the cases filed for the former Nyayo House Torture Victims by the KHRC and National Victims and Survivors Associations. Here, financial remedies were awarded, but the successive regimes from 2008 to date have refused to pay.  So how do you choose who to pay and not to pay? These were among the first victims of related mass police atrocities of young Kenyans. 
  3. Inclusion of the new group of victims affected from July 2025 to 2026.
  4. Following through on the unresolved injustices by the British government from 1895.

In the aftermath of conflict or repression, guarantees of non-recurrence have a crucial role in preventing future violations of human rights and reinforcing the rule of law, respect for human rights, and contributing to sustaining peace and development. It is very clear that the regime in power is not interested in changing its bad-governance culture and practices. Despite the above mechanisms, many violations are still being committed with abandon. We have serious questions about this political hypocrisy of monetising reparations while normalising injustices. For how long shall those in power keep on harming Kenyans and, at the same time, abusing their taxes for tokenistic remedies?

We demand that the executive end the following abusive tendencies with immediate effect. We also demand:

  1. The deeply entrenched colonial regime policing model, where the deep state security apparatus commits abuses with the blessings of those in power, despite the clear constitutional guidelines towards democratic policing.  We welcome the proposal for guidelines in the implementation of the provisions of Article 37 of the Constitution on the right to petition and protest. We challenge the regime not to use this to limit rights but expand them by operationalising the international guidelines and best practices.  KHRC will monitor and challenge any unconstitutional and untenable provisions in this regard. 
  2. The end of “political goonism”, where organised criminal gangs have been committing violence with support and on behalf of the state and the political class at large. The idea is to basically outsource violence and avoid accountability, now that individual and command responsibility has been escalated on the side of the police.  This is also meant to instil a chilling effect and informal repression against those perceived to be enemies of the state. The last disruption of a joint event organised by the church and civil society (KHRC involved) at All Saints Cathedral in Nairobi on June 12, 2026, is evidence of how this criminal behaviour has been formalised.  It is no wonder the goons involved in the disruption of the press conference held at KHRC for mothers of victims of police abuses on July 6, 2025, are yet to be identified and held to account. 
  3. Enactment and implementation of laws that creep into civic and democratic spaces in the country.  We are aware of the many colonial and post-independence policies and regulations which successive and current regimes have advanced for repressive ends. This is called the lawfare phenomenon.  We call for the review and repeal of all those retrogressive regimes. The Public Order Act, the Prevention of Torture Act, and the Computer Misuse and Cybercrimes Act remain the most notorious for curtailing offline and online spaces, respectively. KHRC is finalising a critical study that documents such punitive systems. We will use this to have most of the barbaric laws declared unconstitutional. 
  4. The end of state capture, which makes it impossible for Parliament and Constitutional Commissions to execute their constitutional oversight roles against the endlessly imperial presidency. 
  5. End any nefarious attempt to compromise on the proposed investigations, reforms, and reparations. Additionally, there must be an end to bad governance policies that cause social and economic suffering for the people, as this is the basis for many protests in the country.  The latest Finance Bill and the audacity to initiate the construction of an Ebola facility for US citizens affected by the DRC amid a court order stopping the same showcase the levels of political insensitivity and impunity in decision-making. 
  6. Inclusion of all victims of police violence without any discrimination. 
  7. KNCHR, in consultation with the victims, civil society, Witness Protection Advisory Board, and Witness Protection Agency, should develop a framework for the protection of victims.

We call for a return to the country's constitutional and democratic order, for this is the only safeguard for good governance, respect for human rights, and the rule of law. We call upon the people of Kenya to arise and remain vigilant in safeguarding their sovereignty and the implementation of the constitution. The behaviour of the state during the second anniversary of the Gen-Z protests on June 25 is going to be a true test of how the regime is committed to protecting people’s rights to protest, expression, assembly, security, health, among others.  May Justice be our shield and defender.

On June 25, 2024, security forces unleashed violence on a scale rarely seen in recent memory against protesters demanding good governance and accountability for abuses attributed to the regime of Mr William Ruto.

A comparable level of violence was reported a year later, on June 25 and again on July 7.

Ruto subsequently announced plans to compensate the families of those killed, delegating this responsibility to his office.

A court later ruled that the Kenya National Commission on Human Rights (KNCHR) is tasked with this function.

KNCHR subsequently urged the public to submit memoranda to inform the process.

The Kenya Human Rights Commission (KHRC) submitted its memorandum, urging KNCHR to prioritise accountability, support for victims, a public apology from Ruto, assurances that such violence will not recur, and legislation to enable these changes.

Read our submissions below:

  1. Joint memorandum to KNCHR on draft reparations guidelines

  2. KHRC advisory to KNCHR: Compliance and implementation of the High Court ruling in Levi Munyeri & 2 Others v. AG & 3 Others

  3. KHRC submission to KNCHR on draft reparations guidelines

  4. Surviving After Torture: A Case Digest On The Struggle For Justice by Torture Survivors in Kenya

We extend our heartfelt condolences to the families, loved ones, students, teachers, and the entire community affected by the tragic fire at Utumishi Girls Academy in Gilgil, Nakuru County, which has so far claimed 16 students' lives and left dozens injured.

Our hearts are heavy as civil society in the education sector. No parent should send a child to school only to receive news of death, injury, or tragedy.

Schools are meant to be places of safety, learning, hope, and growth, not places where children lose their lives in preventable disasters.

This tragedy is especially painful because it comes as the country is still mourning and demanding justice for the victims of the Hillside Endarasha Academy tragedy in Nyeri, where 21 innocent boys lost their lives in 2024.

Before that, Kenya witnessed similar deadly school fires and disasters at St. Kizito in 1991, Bombolulu Girls in 1998, Nyeri High School in 1999, Kyanguli Secondary School in 2001, Asumbi Girls in 2012, and Moi Girls, Nairobi, in 2017.

Investigations repeatedly show carelessness, weak enforcement of safety rules, poor emergency readiness, and ongoing problems within institutions responsible for protecting students.

The latest tragedy at Utumishi Girls Academy, Gilgil, raises serious and urgent questions about how safe Kenyan boarding schools really are and whether the Ministry of Education is truly enforcing the rules.

Kenya has clear school safety rules through the Ministry of Education’s Safety Standards Manual for Schools. These rules require enough space in dormitories, emergency exits, doors that open outward, fire extinguishers, regular fire drills, disaster readiness plans, secure school grounds, and regular checks to keep students safe.

However, despite these clear standards, they are not followed. As a result, lives continue to be lost in foreseeable and preventable tragedies.

Kenyan parents trust schools and government bodies with their children’s lives. They expect that before a boarding school opens, proper safety checks, emergency plans, fire response systems, and dormitory safety rules are fully in place and confirmed. Sadly, repeated tragedies reveal serious problems with enforcement, accountability, and readiness.

Sending a child to school should never be a life-or-death choice. Yet more Kenyan parents are afraid because school tragedies are becoming a worrying pattern instead of rare events.

We therefore demand:

  1. The Cabinet Secretary for Education, Migos Ogamba, must resign immediately for failing to keep our students safe in schools. Ogamba’s statement that 350 schools have been closed since 2024, after the Endarasha Hillside fire, is too little, too late and ignores the recent 2026-2027 budget report, which shows the quality assurance department is badly underfunded and lacks resources.
  2. Full transparency and accountability regarding the circumstances that led to the fire at Utumishi Girls Academy in Gilgil.
  3. Immediate and independent investigations into whether all school safety regulations and Ministry of Education standards were being complied with.
  4. Accountability from all institutions and officials responsible for inspecting, licensing, monitoring, and enforcing safety standards in schools.
  5. The urgent need to strengthen, grow, and support the Ministry of Education’s Quality Assurance and Standards teams so they can carry out regular, independent, and surprise safety checks in schools across the country.
  6. Stop the practice of inspections that only happen after a tragedy. Safety checks must be active, ongoing, and open.
  7. A nationwide review of all boarding schools to check fire safety gear, emergency exits, crowded dormitories, evacuation plans, electrical safety, and disaster response systems.
  8. Immediate enforcement and closure notices against institutions found violating mandatory safety standards until corrective measures are implemented.

The Kenya Human Rights Commission is taking legal action against the United Democratic Alliance (UDA) and its officials for mismanaging public funds, breaking statutory and constitutional provisions, and failing to meet their tax obligations.

The Auditor General found that UDA paid over Sh128 million in net salaries but failed, on purpose and by neglect, to deduct and send Pay As You Earn (PAYE) taxes. This caused Sh69 million in unpaid taxes for the 2023-2024 and 2024-2025 financial years. 

UDA has received the most money from the Political Parties Fund. In the 2025-2026 financial year alone, it got over Sh789 million. The taxes we pay go into the Fund, which is then given to outfits like UDA to fill their troughs. So, it is our money being mismanaged and stolen. We have every reason to be enraged, demand accountability from UDA and its luminaries, and ensure that entities benefiting from public funds meet the highest standards of integrity and compliance.

UDA also failed to pay the withholding tax and the public procurement capacity-building levy, breaking the Public Finance Management Act. But Mr William Ruto’s party did more than evade taxes. It did not pay required contributions to the National Social Security Fund (NSSF) and the Social Health Insurance Fund (SHIF), putting its employees at risk of losing important social protection benefits. This clearly violates employees’ labour and social security rights.

Ironically, even though UDA strongly supports the housing project, it did not pay the housing levy for its employees. Clearly, the party does not believe in its own vision of affordable housing.

Specifically, these are some of the laws that Ruto’s UDA has broken and must be held accountable for:

  1. Section 37 (1) of the Income Tax Act, which requires an employer to deduct tax from an employee’s emoluments and account for the deductions.
  2. Section 4 of the Affordable Housing Act, 2024, which requires a mandatory 1.5 percent contribution from the gross salary of an employee, with a matching 1.5 percent contribution from the employer, totalling three percent.
  3. The National Social Security Fund Act, 2013, which establishes a two-tier contribution system with a standard contribution rate of six percent of pensionable earnings, split between the employee and employer.
  4. Paragraph 3(1) of the Public Procurement Capacity Building Levy Order, 2023, which requires a levy of 0.03 percent of the contract value to be withheld and remitted on all procurement contracts signed between a supplier and a procuring entity.
  5. Section 23(2)(a) of the Public Finance Management Act, 2012, which requires Accounting Officers to comply with all tax laws provided for by legislation.

KHRC points out that failing to meet tax, statutory, and constitutional duties weakens support for socio-economic rights like education and health. These sectors already face funding gaps of Sh260 billion and Sh72 billion, respectively.

While KHRC is taking legal action, it also calls on oversight and enforcement agencies to act within their roles. The Kenya Revenue Authority (KRA) must collect all unpaid taxes and penalties. The Office of the Registrar of Political Parties (ORPP) must review UDA’s compliance status and eligibility for continued access to public funding. The Ethics and Anti-Corruption Commission (EACC) must investigate the misuse of public resources. The Office of the Director of Public Prosecutions (ODPP), working with KRA and EACC, must prosecute UDA officials responsible for tax evasion.

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