KHRC - Kenya Human Rights Commission http://www.khrc.or.ke Tue, 23 May 2017 17:34:28 +0300 MYOB en-gb kevin@webstar.co.ke (KHRC) Statement by the Kenya Human Rights Commission on the activity report of the chair of the committee of prevention of torture in Africa at the 60th session of the African Commission on human and people’s rights in Niamey, Niger http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/601-statement-by-the-kenya-human-rights-commission-on-the-activity-report-of-the-chair-of-the-committee-of-prevention-of-torture-in-africa-at-the-60th-session-of-the-african-commission-on-human-and-people-s-rights-in-niamey-niger.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/601-statement-by-the-kenya-human-rights-commission-on-the-activity-report-of-the-chair-of-the-committee-of-prevention-of-torture-in-africa-at-the-60th-session-of-the-african-commission-on-human-and-people-s-rights-in-niamey-niger.html
  • Madam Chairperson, Honorable Commissioners, State Delegates, distinguished guests, ladies and gentlemen. Allow me to begin by applauding the Commission and in particular the Committee on the Prevention of Torture in Africa (CPTA) for the launch of General Comment No. 4 on the African Charter on Human and Peoples’ Rights focusing on the right to redress for victims of torture and other cruel, inhuman or degrading punishment or treatment.
  •  

    1. This general comment will go a long way in not only providing much needed guidance to mandate holders such as States, National Human Rights Institutions and National Preventive Mechanisms; but also civil society and other non-state actors involved in facilitating redress for victims of torture and other ill treatment. I consider this to be both timely and highly relevant for my country the Republic of Kenya that has a long history of litigation in pursuit of reparations by victims of torture and other ill treatment and now in light of our recently enacted Prevention of Torture Act.

     

    1. It is in this in light that I encourage the Committee on the Prevention of Torture in Africa to engage Kenya on the implementation of the general comment as part of operationalizing the Prevention of Torture Act. I do however note that the responsibility for implementation does not rest on the shoulders of the Commission alone or indeed those of the State. A strong collaboration between State and Non-State actors would be essential and in that regard I would propose the following:

     

    • That civil society as practitioners take the initiative to disseminate and sensitize the public on the General Comment by working closely with victims as well as mandate holders such as National Human Rights Institutions (NHRIs).
    • That civil society utilizes the General Comment to strengthen the interventions they undertake in pursuit of redress such as litigation seeking reparations for victims as well as in their evaluation of State measures aimed at providing redress. This is also linked with utilizing the General Comment to strengthen policy and legislative advocacy in the arena of redress rights.
    • That the Commission makes reference to the General Comment in its decisions and other interactions with the State as well as work with civil society to exploit opportunities for sensitization in the context of country visits.
    • That the Commission, NHRIs and civil society collaborate towards the development of context specific indicators for the General Comment in addition to harnessing available good practices such as witness protection and rehabilitation models as well as compensation funds.

     

    1. Finally, while appreciating the prospects for progress presented by the Prevention of Torture Act, I must still call to the attention of the Commission the persistent challenges faced in combating torture and other ill treatment. Despite numerous commitments by the Attorney General, the payment of compensatory awards issued by the Courts in favor of victims of torture and ill treatment continues to be slow and arduous task for victims who feel re-victimized by the inability to enforce the court decisions. We urge the Commission to require the Kenyan government to provide it with a status update on the court awards issued and the status of their implementation.

     

    1. We continue to receive reports of persons in custody being subjected to torture and being denied access to medical care, family visits and visits by their legal representatives. While some reports have been forwarded to the Independent Policing Oversight Authority (IPOA) for investigation, such investigations are hampered by non-cooperation from the police service as well as threats and intimidation directed towards victims who report errant officers and also towards the human rights defenders who try to support them. We call on the Commission to call on the Kenyan government to accord the necessary political and financial support to the Independence Policing Oversight Authority and the Witness Protection Agency and the Kenya National Commission on Human Rights as key instruments in facilitating redress for victims of torture and other ill treatment.

    Thank you.

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 19 May 2017 23:14:41 +0300
    Statement by the Kenya Human Rights Commission on prisons, conditions of detention and policing in Kenya at the 60th Ordinary session of the African Commission on Human and People’s Rights in Niamey, Niger http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/600-statement-by-the-kenya-human-rights-commission-on-prisons-conditions-of-detention-and-policing-in-kenya-at-the-60th-ordinary-session-of-the-african-commission-on-human-and-people-s-rights-in-niamey-niger.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/600-statement-by-the-kenya-human-rights-commission-on-prisons-conditions-of-detention-and-policing-in-kenya-at-the-60th-ordinary-session-of-the-african-commission-on-human-and-people-s-rights-in-niamey-niger.html  

    Madam Chairperson,

     

    KHRC welcomes the report by the Chairperson of the Working Group on Prisons, Conditions of Detention and Policing in Africa and would like to draw the Commission’s attention to the following;

    Prison Conditions in Kenya have for a long time been characterized by overcrowding, congestion, poor diet, degrading clothing and bedding, lack of clean water, poor sanitation and infectious diseases amongst other challenges.[1]  Over 55000 prisoners are held in only 118 facilities in Kenya. In the past six years, over 1714 inmates have died in prison with the largest death of 623 being reported in 2013[2]. The large number of people arrested and detained in police cells in Kenya is equally worrying. A recent study on the Criminal Justice System in Kenya suggested that an average of around 5000 people are held in various police stations annually[3].

     

    We urge the Commission to;

    • Call upon the Government of Kenya to implement the resolution on the adoption of the “Ouagadougou Declaration and plan of action on accelerating Prison and Penal Reforms in Africa.

     

    Madam Chairperson, Distinguished guests;

    Impunity and disregard for the rule of law within a significant cross-section of the police service continues to be a worrying challenge and undermines the huge investments made in police reforms. On numerous occasions, the Kenyan Police has used lethal force; deadly crowd control weapons to disperse peaceful demonstrators and have also conducted extra judicial executions. While we welcome the guidelines for policing of assemblies by law enforcement officials in Africa that was launched during this ordinary session,

     

    We urge the Commission to;

    • Call upon the Government of Kenya to investigate and prosecute or recommend for disciplinary action all Police Officers implicated in using lethal force and deadly crowd control weapons.
    • Call upon the Government of Kenya to urgently establish a comprehensive training on public order management with reference to other internationally accepted standards
    Thank you.

    [1] http://bit.ly/2r1FlkF

    [2] http://bit.ly/2ralTj4

    [3] Criminal Justice System in Kenya-National Council on the Administration of Justice

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Mon, 15 May 2017 13:50:22 +0300
    Statement by the Kenya Human Rights Commission on the death penalty and extra judicial killings or arbitrary killings in Kenya at the 60th ordinary session of the African Commission on Human and People’s Rights in Niamey, Niger http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/599-statement-by-the-kenya-human-rights-commission-on-the-death-penalty-and-extra-judicial-killings-or-arbitrary-killings-in-kenya-at-the-60th-ordinary-session-of-the-african-commission-on-human-and-people-s-rights-in-niamey-niger.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/599-statement-by-the-kenya-human-rights-commission-on-the-death-penalty-and-extra-judicial-killings-or-arbitrary-killings-in-kenya-at-the-60th-ordinary-session-of-the-african-commission-on-human-and-people-s-rights-in-niamey-niger.html Madam Chairperson,

    While the Kenya Human Rights Commission welcomes the report by the Chairperson of the Working Group on the Death Penalty and Extra Judicial Executions in Africa, we would like to draw the Commission’s attention to the following;

    Kenya has for a long time been considered to be a de-facto abolitionist of the death penalty with the last execution having been done in 1986. Despite the enactment of sentencing guidelines by the then Chief Justice of Kenya in 2015, Courts of law in Kenya continue to pass the death penalty for offences that carry the mandatory death sentence as was evident in the decision of the Court of Appeal in [1]Joseph Njuguna Mwaura & 2 others vs Republic[2].While the Kenya Human Rights Commission welcomes the President’s decision to commute 2747 convicts from death sentences to life imprisonment;

     

     We urge the Commission to;

    • Call on the Government of Kenya to ratify the second optional protocol to the International Covenant on Civil and Political Rights on the abolition of the death penalty.

    Madam Chairperson, distinguished guests;

    Between 2014 to March 2017, there have been over 487 cases of extra judicial executions by the Police in Kenya in the pretext of maintaining law and order, crowd control management and countering violent extremism. This widespread pattern of extra judicial executions by the Kenyan police is a serious concern for a state that purports to adhere to the rule of law. The extra judicial execution of Kwekwe Mwandaza in Mombasa, Willie Kimani, a lawyer with the International Justice Mission and lately young man in Nairobi’s East Leigh on the 31st of March 2017 are just some of the many cases documented by Civil Society Organizations and the Media. In response to the East Leigh incident, the Nairobi Police Commander Japheph Koome defended the killings stating and I quote:

    “The same gangsters shot dead an officer yesterday. Tell all gangsters out there that when they kill an officer, I am ruthless and they will get it from me.”

    This is a clear demonstration of how those charged with maintaining law and order have discharged their duties with impunity and is an indication of the states non commitment to comprehensively address this systemic gross human rights violations.

     

    We urge the Commission to:

    • recommend the Government of Kenya to institute a Judicial Commission of Inquiry into Extra Judicial Executions.
     

    [1] [2013]EKLR

    Thank you.

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Mon, 15 May 2017 13:42:57 +0300
    Statement by the KHRC on the State of Human Rights in Kenya at the 60th session of the African Commission on Human and People’s Rights in Niamey, Niger http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/598-statement-by-the-khrc-on-the-state-of-human-rights-in-kenya-at-the-60th-session-of-the-african-commission-on-human-and-people-s-rights-in-niamey-niger.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/598-statement-by-the-khrc-on-the-state-of-human-rights-in-kenya-at-the-60th-session-of-the-african-commission-on-human-and-people-s-rights-in-niamey-niger.html  

    Madam Chairperson,

    On Civic space, in the last year alone, various actions were taken by state offices to restrict the operations of Civil Society Organizations. While the Public Benefit Organization Act was passed in January 2013, the Act is yet to be commenced 4 years later. In October 2016, CSO’s successfully obtained a judgment ordering the immediate commencement of the Act; however, the court order to date has not been implemented. Further to the foregoing, attacks on CSOs and human rights defenders have been on the increase as witnessed through threats of deregistration to CSOs as well as use of excessive force during peaceful protests by security agencies.

    We call on the Commission to:

    • impress upon the Government of Kenya to commence without further delay the Public Benefit Organization’s Act;
    • require the government to immediately cease and desist from using arbitrary and unnecessary force and violence to disperse unarmed and peaceful protests and to hold to account security agents who use arbitrary and unnecessary force on unarmed citizens exercising their right to assemble and picket;

    Madam Chairperson, distinguished guests;

    Corruption in Kenya seems to be spiraling at a very alarming rate. A recent report by Transparency International placed the country 145th out of 176 countries with a score of 26 based on its corruption index. The past year has been replete with the emergence of numerous grand corruption scandals both at the national and county government. Additionally, allegations of corruption in government contracting, particularly for large mining and infrastructural projects have been on the rise. This is particularly worrying for a government that came into power on an anti-corruption ticket. Key ministries mandated to develop and implement policies regarding delivery of basic services have not been spared in the looting.

    We call on the Commission to:

    • Encourage the government to translate the President’s pledge on fighting corruption into a comprehensive and transparent process based on the rule of law and our Constitution’s standards on leadership and integrity. The fight against corruption must be comprehensive and shielded against any possible accusations of political bias;

     

    Madam Chairperson, distinguished guest;

    Over the last 15 months, Civil Society Organizations and media houses in Kenya have reported and documented multiple incidents of torture, enforced disappearances and extrajudicial executions implicating police officers. The unlawful execution of Willie Kimani, a lawyer with International Justice Mission (IJM), his client Josephat Mwenda, a motorcycle rider, Joseph Muiruri, a taxi driver and lately a young man in Nairobi’s Eastleigh on the 31st of April 2017 are just a few of the many cases which got covered in the media. Kenyan Security agencies continue to use lethal crowd control weapons on peaceful demonstrators that has left a number of citizens severely injured and in extreme circumstances led to death.

    We urge the Commission to:

    • adopt the Resolutions on Death Penalty, Summary Executions and Enforced Disappearances from the 57th Session and also recommend that Kenya ratifies the International Convention for the Protection of all persons from enforced Disappearance (which was signed by Kenya on the 6th of February 2007); and
    • recommend the Government of Kenya to institute a Judicial Commission of Inquiry into Extra Judicial Executions.

    Madam Chairperson;

    Preparations for the 2017 general elections have been marred with various irregularities as was evidenced in the recently concluded political party primaries. We have condemned in no uncertain terms incidents of violence, particularly on women aspirants, which have included threats and intimidation, physical violence, sexual violence, hate speech, and defamation. The unpreparedness of various state agencies tasked with ensuring that this year’s elections are free, fair, and peaceful may dent the credibility of this election.

    We call upon the Commission to constitute a delegation to closely monitor the 2017 General Elections in Kenya to ensure that the exercise is free, fair and credible.

    In Conclusion 

    The KHRC commends the Government of Kenya for its recent recognition of the citizenship rights of the Makonde community. We note the need to expand citizenship rights and state recognition to members of other communities in Kenya and urge the government to implement laws and policies to ensure a fair and efficient citizenship determination and documentation procedure for all stateless persons. In addition, we urge all African Union member states to address the problem of statelessness within their jurisdictions, and draw support from the ACHPR in coming up with laws and policies to address this issue.

     

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Sat, 13 May 2017 17:05:16 +0300
    Pan-African Reparation Initiative Press Release http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/597-pan-african-reparation-initiative-press-release.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/597-pan-african-reparation-initiative-press-release.html
     
    PARI HAILS NEW REGIONAL INSTRUMENT ON THE RIGHT TO REDRESS FOR VICTIMS OF TORTURE IN AFRICA
     
    8 May 2017 – The Pan-African Reparation Initiative (PARI), a network of civil society organisations providing medical, psychological and legal assistance to victims of torture and ill-treatment in Africa welcomes the launch of the first-ever regional instrument on the right to redress for victims of torture and other prohibited ill-treatment.
    The new General Comment on the Right to Redress for Victims of Torture and Cruel, Inhuman or Degrading Punishment or Treatment, which was adopted on 27 February 2017 by the African Commission on Human and People’s Rights, was formally launched today at the opening of its 60th Ordinary Session, which will be hold until 22 May 2017. The African Commission is the institution responsible for the promotion and protection of human rights in Africa.
    “For too long, victims of torture and ill-treatment in Africa have been denied their rights,” said PARI. “This landmark instrument for the protection of victims in Africa reiterates the African Commission’s commitment to put victims of human rights violations such as torture at the centre of its work. It makes clear that there can be no excuse for a denial of redress to victims of torture, including justice and reparation.”
    The General Comment offers clarification to African Member States on their obligations towards victims of torture and ill-treatment under Article 5 (right to be free from torture and ill-treatment) of the African Charter on Human and Peoples’ Rights.
    The African Union’s existing human rights instruments do not comprehensively clarify how the right to redress must be implemented. This has often impeded African States from providing an effective remedy and full reparation to victims of torture and other ill treatment.
    The General Comment identifies concrete and practical steps States need to take to provide redress to victims of torture and ill treatment in specific contexts, including during conflict and post-conflict situations, in cases of gender-based violence amounting to torture or other ill-treatment, in situations resulting in collective harm, and where perpetrators are non-State actors.
    The General Comment also sets out the African Commission’s understanding and interpretation of the right to redress, based on its jurisprudence, regional and international instruments and in light of specific African realities and contexts such as the legacies of colonial experiences, apartheid and violent oppression.
    Recognising that significant challenges exist that prevent victims across the continent from accessing redress, the General Comment emphasises that States must ensure that victims are at the centre of the redress process. In providing redress, States must aim at addressing root causes for torture and ensure healing for victims.
    The Draft General Comment was developed by the African Commission’s Committee for the Prevention of Torture in Africa (CPTA) and included various consultative meetings across Africa as well as written submissions.
    PARI was founded in 2013 to advocate for the rights of victims of torture and ill-treatment in Africa. Since then, it has called on the African Commission to strengthen victims’ right to redress and has supported the CPTA in the development of the General Comment.
     
    Notes to editors:
     The African Commission on Human and Peoples’ Rights (ACHPR) is the African Union institution responsible for ensuring the promotion and protection of human and people’s rights throughout the African continent.
     The African Charter on Human and Peoples’ Rights is the main regional instrument providing for the promotion and protection of human rights and basic freedoms in Africa.
     PARI is a network of 28 organisations working with victims of torture and ill-treatment throughout Africa. Members of PARI include: African Centre for Treatment and Rehabilitation of Torture Victims, Association for the Prevention of Torture, Cairo Institute for Human Rights Studies, Centre for the Study of Violence and Reconciliation, Civil Society Prison Reform Initiative, Collectif Des Familles de Dispa-rus en Algérie, Counselling Services Unit, Fédération internationale des ligues des droits de l'homme, Human Rights Implementation Centre, Inde-pendent Medico Legal Unit, International Rehabilitation Council for Torture Victims, Kenyan Human Rights Commission, Khulumani Support Group, Medical Association for Rehabilitation of Torture Victims, Pan-African Lawyers Union, Prisoners' Rehabilitation and Welfare Action, Rehabilitation and Advocacy Unit, REDRESS, Rencontre Africaine pour la Défense des Droits de l'Homme, Rescue Alternatives Liberia, Solidarity Action for Peace, Save Congo, South Africa Trauma Centre, The Youth for Peace and Non Violence Association, University of Western Cape, World Organisation against Torture, Zimbabwe Human Rights NGO Forum, Zimbabwe Lawyers for Human Rights.
     The General Comment on the Right to Redress for Victims of Torture and Cruel, Inhuman or Degrading Punishment or Treatment was adopted on 27 February 2017 and formally launched on 8 May 2017. The General Comment was developed by the African Commissions Committee for the Prevention of Torture in Africa after almost two years of consultations with experts on torture prevention and prohibition (particularly in the area of victims’ right to redress), academics, medical and legal practitioners, states and civil society organisations working with victims of torture in the continent. This process included two drafting retreats – the first one on 1-3 February 2016 in Cape Town, South Africa and the second one on 15-17 August 2016 in Nairobi, Kenya – and a technical meeting on 6-7 July 2015 in Accra, Ghana. The draft was uploaded to the African Commission website on in March 2015 and was opened for comments until 30 June 2016.The Commission received 25 submissions from various stakeholders which were considered during the drafting process.
    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Thu, 11 May 2017 17:42:31 +0300
    Kura Yangu Sauti Yangu Statement on the KPMG audit of the register of voters http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/595-kura-yangu-sauti-yangu-statement-on-the-kpmg-audit-of-the-register-of-voters.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/595-kura-yangu-sauti-yangu-statement-on-the-kpmg-audit-of-the-register-of-voters.html On 12 April 2017, after learning that KPMG had won the contract for the audit of the voters’ register, Kura Yangu Sauti Yangu (KYSY) met with representatives of the KPMG team leading the audit. The purpose of the meeting was to gain an understanding of KPMG’s methodology and timeline.

     

    It is to be recalled that the audit of the register of voters is one of the key decisions made by the Joint Parliamentary Select Committee on Matters Relating to the Electoral and Boundaries Commission, and that the purpose of the audit was to restore public confidence in the  register of voters.

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 19 Apr 2017 20:00:28 +0300
    Zambia: Support International Criminal Court http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/594-zambia-support-international-criminal-court-icc-crucial-for-atrocity-victims-global-justice.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/594-zambia-support-international-criminal-court-icc-crucial-for-atrocity-victims-global-justice.html  

    ICC Crucial for Atrocity Victims, Global Justice 

    Nairobi – April 10, 2017

    Zambia should reaffirm its membership in the International Criminal Court to best advance justice for victims of atrocities, a group of African organizations and international nongovernmental organizations with a presence in Africa said today.

    Zambia’s government began public consultations on the country’s ICC membership the week of March 27, 2017. This was in response to the African Union summit’s adoption in January of an “ICC withdrawal strategy.” An unprecedented 16 countries, including Zambia, entered reservations to this decision.

    “Zambia has much to gain by staying with the ICC,” said Boniface Cheembe, executive director of Zambia’s Southern African Centre for the Constructive Resolution of Disputes. “Zambia has been a role model on the continent in matters of peace, democracy, and human rights. Leaving the ICC would erode the country's leadership and threaten respect for the rights of victims of the most brutal crimes across Africa.”

    The organizations, which have long worked together to support justice for grave crimes in Africa, also released an updated video featuring African activists on the importance of the ICC in Africa.

    As a member of the Southern Africa Development Community (SADC), Zambia has a proud history in the establishment of the ICC, the organizations said. SADC was active in the diplomatic conference in Rome in 1998 where the ICC’s treaty was finalized after six weeks of negotiations. SADC members developed 10 principles for an effective, independent, and impartial court at a meeting in Pretoria in 1997.

    The ICC is a groundbreaking achievement in the fight against impunity, the organizations said. It is the first and only global criminal court that can prosecute individuals responsible for atrocities. It is a court of last resort in that it has the authority to try genocide, war crimes, and crimes against humanity committed since 2002, but only when national courts are unable or unwilling to investigate and prosecute. Since the court’s treaty opened for signature in 1998, 124 countries have become members.

    Zambia signed the ICC’s Rome treaty on July 17, 1998, the day it opened for signature, and ratified the treaty on November 13, 2000.

    The ICC faces many challenges in meeting the expectations of victims of mass atrocities and member countries, the organizations said. Its inability to reach crimes committed in some powerful countries and their allies is a cause for deep concern, even as claims that the ICC is targeting Africa are not supportedby the facts. The court’s reach is limited to crimes committed on the territories of countries that have joined the court or offered the court authority on its territory, absent a referral by the United Nations Security Council.

    “The ICC has room for improvement, but it offers hope to victims who have nowhere else to turn for justice,” said Dewa Mavhinga, Southern Africa director at Human Rights Watch. “The court serves African victims who have suffered atrocities.” 

    The majority of ICC investigations in Africa have arisen in response to requests or grants of authority by governments in the countries where the crimes were committed – as in Central African Republic, Côte d’Ivoire, Democratic Republic of Congo, Mali, and Uganda – or through referrals by the UN Security Council – as in Darfur, Sudan and Libya.

    The ICC has faced backlash from some African leaders since it issued arrest warrants for Sudanese President Omar al-Bashir for alleged genocide, war crimes, and crimes against humanity in Darfur in 2009 and 2010. In 2016, evidence of the backlash reached new heights when South Africa, Burundi, and Gambia announced they would withdraw from the court, the first countries to take such action.

    Gambia has rescinded its withdrawal and South Africa is also re-examining withdrawal, making Burundi the only country to have maintained its withdrawal. Under the ICC Statute, withdrawal goes into effect one year after the state party submits a notification to the UN Secretary-General.

    In the wake of the announced withdrawals, many African countries – including Botswana, Burkina Faso, Côte d’Ivoire, Democratic Republic of Congo, Ghana, Lesotho, Mali, Malawi, Nigeria, Senegal, Sierra Leone, Tanzania, and Tunisia – have affirmed their commitment to remain in the ICC and to work for any reform as ICC members.

    “We would encourage Zambia to reaffirm its support for the court, particularly in the absence of any functioning regional criminal court that can hold perpetrators to account,” said Kaajal Ramjathan-Keogh, executive director, Southern Africa Litigation Centre. “Zambia’s moves to reconsider its ICC membership raise concern.”

    The groups expressing support for Zambia’s continued ICC membership are:

    Africa Legal Aid
    Africa Centre for International Law and Accountability–Ghana
    Centre for Accountability and Rule of Law–Sierra Leone
    Centre for Democratic Development–Ghana
    Centre for Human Rights and Rehabilitation (Malawi)
    Civil Resource Development and Documentation Centre (Nigeria)
    Coalition for the International Criminal Court
    Fédération Internationale des Droits de l’Homme
    Human Rights Watch
    JEYAX Development and Training (South Africa)
    Kenya Section of the International Commission of Jurists
    Kenya Human Rights Commission
    Nigerian Coalition for the ICC
    Parliamentarians for Global Action
    Southern African Centre for the Constructive Resolution of Disputes (Zambia)
    Southern Africa Litigation Centre (South Africa)
    Transnational Threats and International Crime Division of the Institute for Security Studies 

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Mon, 10 Apr 2017 18:34:12 +0300
    Police Reforms Working Group- Kenya PRWG-K urges President Uhuru Kenyatta to establish judicial commission of inquiry into extrajudicial executions http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/593-police-reforms-working-group-kenya-prwg-k-urges-president-uhuru-kenyatta-to-establish-judicial-commission-of-inquiry-into-extrajudicial-executions.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/593-police-reforms-working-group-kenya-prwg-k-urges-president-uhuru-kenyatta-to-establish-judicial-commission-of-inquiry-into-extrajudicial-executions.html We the undersigned national and international organizations under the auspice of the Police Reforms Working Group- Kenya (PRWG-K), strongly condemn the summary execution of a young man in Nairobi’s Eastleigh on 31 April 2017 by an officer believed to be attached to the Pangani Police Station, as shown in the video widely circulated on social and mainstream media.
    In the video, the plain-clothed police officer is seen holding a young man, whom he turns around and shoots. The officer fires a first round of 5 shots into the midsection of the young man. He is then seen requesting for a second firearm and fires another five rounds into the young man who is at this point lying on the ground. The young man, still evidently alive, receives one more shot and his head falls lifelessly onto the pavement. Next to him is the lifeless body of another young man in a pool of blood who apparently was shot earlier.
    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 05 Apr 2017 23:35:15 +0300
    International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/592-international-day-for-the-right-to-the-truth-concerning-gross-human-rights-violations-and-for-the-dignity-of-victims.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/592-international-day-for-the-right-to-the-truth-concerning-gross-human-rights-violations-and-for-the-dignity-of-victims.html Today, state agencies, victims and survivors of varied historical injustices, civil society organizations, development partners and community leaders, have joined hands to specially observe the International Day for the Right to the Truth about Gross Human Rights Violations and for the Dignity of Victims.

    The most significant inquiry into the truth concerning gross human rights violations committed in Kenya was carried out by the Truth Justice and Reconciliation Commission (TJRC) between August 2008 and May 2013. The TJRC was established with the objective to “promote peace, justice, national unity, healing and reconciliation among the people of Kenya, by establishing an accurate, complete and historical record” of gross human rights violations and abuses inflicted on persons by the State, public institutions and public officers between 12th December, 1963 and 28th February, 2008, including the nature, causes and extent of such violations; and determining ways to redress victims of gross human rights violations and restore their dignity. (TJRC Act, 2008)

    Over 40,000 victims from across the country recorded statements with the TJRC on varied forms of gross human rights violations committed from pre and post-independence to 2008, including political assassinations, massacres, enforced disappearances, unlawful detention, torture, sexual violence, economic marginalization, discrimination of minority groups, violations of economic and social rights, economic crimes and grand corruption. The TJRC established that these violations were majorly perpetuated in the context of state security operations, and political, land and resource-related conflicts, mainly involving state and security agencies, and causing ongoing, long-lasting and devastating physical, psychological, political and socio-economic effects on individuals, their families and communities.

    The TJRC called on the State to put in place a number of measures aimed at providing redress for victims and to prevent recurrence of gross human rights violations. It called on the President, the Chief Justice and Inspector General of Police to acknowledge and offer apologies for violations committed by state agencies, for the establishment of public memorials in honor of victims and affected communities, for further investigations and prosecution of individuals alleged to have been involved in the perpetuation of human rights abuses, and for provision of reparations to affected individuals and communities including compensation, medical and psychological rehabilitation, land restitution, resettlement of displaced persons, expunging of criminal records of individuals who were wrongfully convicted, and provision of citizenship documents denied as a result of discriminatory policies. (TJRC Final Report)

    The TJRC in its concluding recommendations for redress and reparations for victims of gross human rights violations underscored an important fact: that the right to the truth, while inalienable and independent, is not an end in itself. It is a right that is intended to be empowering to victims, their families and communities who seek redress, recognition, acknowledgment and closure to their often silenced, suppressed and contested experiences of gross human rights violations.

    The TJRC report was submitted to the President in May 2013 and tabled in the National Assembly in July 2013. The National Assembly subsequently amended Section 48 of the TJRC Act in December 2013, requiring that the TJRC report be tabled in Parliament “for consideration” and that implementation of the report commence immediately after such consideration. However, the National Assembly has, to date, neither considered nor acted on the report of the TJRC, despite calls by President Uhuru Kenyatta in March 2015 and a petition by the National Victims and Survivors Network (NVSN) in November 2015 and in urging the National Assembly to prioritize debate on the TJRC report. In its review before the UN Human Rights Council in 2015, Kenya was recommended and pledged to implement the TJRC report recommendations and provide reparations to victims and survivors.  

    Thus, as we observe this important Day, the State’s delay to adopt and implement the TJRC’s findings and recommendations remains a cause for anxiety and concern among victims of gross human rights violations, their families, communities and our nation at large. As underscored by the TJRC, the prolonged history of gross human rights violations and the State’s failure to provide redress and reparations for victims has resulted in persisting divisions among Kenyans on ethnic, regional, political and economic lines, and led to a lack of nationhood and public trust in political and governance institutions. The State’s continued delay to implement the TJRC report denies the country the opportunity to understand and address root causes of historical injustices and gross human rights violations, a situation that makes the Kenyan society susceptible to continued cycles of violence and gross human rights violations, as we continue to see in the context of general elections, resource-based conflict and tensions arising from grievances of marginalization and exclusion.

    Nonetheless, victims and survivors of gross human rights violations are encouraged by the State’s initiation of a KShs. 10 billion Fund, which was unveiled by President Uhuru Kenyatta during his State of the Nation Address in March 2015, to provide restorative justice to victims of historical injustices. During the same address, President Uhuru Kenyatta apologized to victims of gross violations committed by the past three regimes, including the massacres of the post-poll violence of 2007.

    Victims and survivors, civil society and development partners applaud the measures taken so far, specifically the move to put in place reparations Regulations, to make the Fund operational. The Office of the President, Office of the Attorney General, Kenya Law Reform Commission and Kenya National Commission on Human Rights have been working in consultation with the NVSN and Kenya Transitional Justice Network, with support from the Office of the High Commissioner for Human Rights and other development partners, to develop draft Regulations for the Reparations for Historical Injustices Fund. The draft Regulations propose the establishment of a governing structure to provide overall administration of the Fund, including a Board, Secretariat led by an administrator, and advisory reference group with representation from victims’ groups, state offices, independent commissions, civil society and key sectors of society such as women, children, youth, elderly persons, persons with disabilities, religious groups, private sector, and minorities and marginalized groups. The Regulations propose the provision of various reparation measures from the Fund including compensation and health rehabilitation services for victims of gross human rights violations resulting in loss of life and bodily integrity. These Regulations and proposed reparations framework once adopted will provide guidance for fair, transparent and non-discriminatory support to victims of injustices taking into account their vulnerabilities.

    Victims and survivors today urge the State to hasten its steps and urgently finalize, gazette and implement the Regulations for operationalization of the Fund, which promises to demonstrate the State’s acknowledgment of the truth regarding gross human rights violations, and to provide victims with a considerable measure of redress, thereby restoring their dignity.

     

    Background:

    The right to the truth signifies the right of victims of gross human rights violations and their relatives to “know the full and complete truth as to the events that transpired, their specific circumstances, and who participated in them, including knowing the circumstances in which the violations took place, as well as the reasons for them”. The right to the truth is recognized as every victim of gross human rights violations’ undeniable and autonomous right, which must neither be limited nor denied by the State. It is a right that is directly linked to the duty and obligation of the State to protect and guarantee human rights, which consists of the State’s responsibility to conduct effective investigations and provide effective remedy and reparations for human rights violations. (Office of the High Commissioner for Human Rights)

    The United Nations (UN) General Assembly proclaimed 24th March as the International Day for the Right to the Truth concerning Gross Human Rights Violations and for the Dignity of Victims on 21st December, 2010. The day was introduced by the UN General Assembly, to honor the memory of victims of gross and systematic human rights violations and promote the importance of the right to truth and justice. The General Assembly invites Member States, international organizations and civil society to observe the day. The UN’s observance resonates with Kenya’s protection of human rights in its Constitution and long held recognition of the right to the truth concerning human rights violations as primarily demonstrated through numerous Commissions of Inquiry the government has set up to investigate causes, patterns and individuals involved in the commission, of gross human rights violations, and affected individuals and communities.

    About KTJN:  KTJN was established in 2009 with the mission of collaborating towards the realization of transitional justice programmes (components) in Kenya comprising of: Truth-telling; criminal Justice; constitutional changes; administrative changes; addressing the plunder of public capital and  public land; gender justice; and addressing historical injustices which would include support for victims’ coalitions or groups. To ensure its inclusiveness, KTJN is open to membership by both individuals and groups with the criterion for general membership pegged on subscription to the mission and vision of the KTJN.

    About NVSN: NVSN was formed following a resolution of the first National Victims Convention in October 2009. Its main objective is to enhance the capacities and facilitate sustained participation of victims and survivors of varied forms of historical injustices and gross human rights violations to effectively engage with truth-seeking, justice and reconciliation processes in Kenya. The Network’s membership consists of individuals and groups of victims and survivors of various historical injustices and gross human rights violations including the National Internally Displaced Persons Network, the Mau Mau War Veterans Association, Truth Be Told Network, Wagalla Resource and Advocacy Centre, victims of sexual and gender-based violence, torture survivors including victims of the Nyayo House torture chambers, February Eighteenth Revolutionary Army (FERA), 1982 Coup attempt and Sabaot Land Defence Force (SLDF) in Mt Elgon, ex- political prisoners and detainees, victims of historical marginalization, minorities groups, relatives and families of victims of unlawful killings and political assassinations, among many others.

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 31 Mar 2017 18:01:37 +0300
    Press statement on the status update on the court case pertaining to the four Kenyans incarcerated in south Sudan http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/591-press-statement-on-the-status-update-on-the-court-case-pertaining-to-the-four-kenyans-incarcerated-in-south-sudan.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/591-press-statement-on-the-status-update-on-the-court-case-pertaining-to-the-four-kenyans-incarcerated-in-south-sudan.html KHRC initiated court proceedings challenging the detention and incarceration of the four
    Kenyans namely Ravi Ramesh Ghaghda, Anthony Mwadime Wazome, Anthony Keya Munialo
    and Boniface Chuma Muriuki in Juba-South Sudan on ground that the rights of the arrested
    persons under the Kenyan Constitution, African Charter on Human and Peoples Rights and the
    International Covenant on Civil and Political Rights has been grossly violated by the
    Government of South Sudan and more specifically:
    1. The arrest and incarceration in military installation of the four Kenyans was oppressive
    and a transgression of fundamental right of equality before the law.
    2. The arrest and incarceration of the four Kenyans was arbitrarily done without any
    justification.
    3. The hearing and determination of the case by the High Court of South Sudan
    contravened the basic principles of natural justice.
    4. The four Kenyan’s were denied their right to communicate with an advocate, family and
    other persons whose assistance was needed contrary to the principles of fair trial.
    KHRC seeks to demonstrate to the court the failure of the Kenyan Government to take measures
    to protect her national’s interest. KHRC’s position is that the Government through the Ministry
    of Foreign Affairs is mandated to pursue Kenya’s foreign policy in accordance with the
    Constitution of Kenya, with the overarching objective of protecting and promoting her nation’s
    interests abroad. KHRC contends that to this extent, Kenyan Government has failed in its
    fundamental duty to observe, protect, promote and fulfil the fundamental rights of her
    nationals. KHRC call upon the Cabinet Secretary Ministry of Foreign Affairs to provide
    information to the families of the arrested persons with respect to progress in relation to their
    arrest, detention and release. KHRC calls upon the judiciary to put the executive to task on the
    diplomatic efforts made to negotiate the release of the four Kenyans imprisoned in Juba-South
    Sudan.
    The matter has been mention today, 27th February 2017 for directions with respect to the
    hearing of the matter. The courts have directed there be a further mention on th 21st of
    March,2017 for directions, the respondents having failed to file their respective responses.
    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 31 Mar 2017 15:06:23 +0300
    Press statement on the KHRC’s initiative challenging legality of the Contempt of court act no 46 of 2016 http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/590-press-statement-on-the-khrc-s-initiative-challenging-legality-of-the-contempt-of-court-act-no-46-of-2016.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/590-press-statement-on-the-khrc-s-initiative-challenging-legality-of-the-contempt-of-court-act-no-46-of-2016.html KHRC has moved to court challenging the constitutionality of certain provisions of the Contempt of
    Court Act stating that several provisions of the Act are inconsistent with the Constitution 2010.KHRC
    states that the Act robs of the judiciary of its inherent jurisdiction to ensure compliance with its orders by
    limiting the range of options the court can opt for. KHRC further states that the letter and spirit of the Act
    is an affront to Human Rights and Fundamental freedoms of the many Kenyans who are affected by
    disobedience of court orders.
    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 31 Mar 2017 15:02:35 +0300
    Press Statement on Legality of the Communication Authority of Kenya directive http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/589-press-statement-on-legality-of-the-communication-authority-of-kenya-directive.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/589-press-statement-on-legality-of-the-communication-authority-of-kenya-directive.html KHRC has initiated court proceedings challenging the legality of the directive which proposes
    the installation of a device, software program and or a system that has the implication of
    allowing the state to access private information and data to the detriment of Kenyans in General
    and other individuals in Kenya.

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 31 Mar 2017 14:54:45 +0300
    A milestone for the protection of torture victims in Africa as first regional instrument on their right to redress is adopted http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/586-a-milestone-for-the-protection-of-torture-victims-in-africa-as-first-regional-instrument-on-their-right-to-redress-is-adopted.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/586-a-milestone-for-the-protection-of-torture-victims-in-africa-as-first-regional-instrument-on-their-right-to-redress-is-adopted.html 09 March 2017 - The first-ever regional instrument on the right to redress for victims of torture and other prohibited ill-treatment has been adopted by the African Commission on Human and Peoples’ Rights (the African Commission), the institution responsible for the promotion and protection of human rights in Africa.Read more:-

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Tue, 14 Mar 2017 21:19:56 +0300
    Press statement on the insecurity situation in the north rift: http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/585-press-statement-on-the-insecurity-situation-in-the-north-rift.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/585-press-statement-on-the-insecurity-situation-in-the-north-rift.html

                                                                                           Date 12/03/2017

    We, the undersigned members of the Police Reforms Working Group Kenya and the Baringo Human Rights Consortium call upon the Government of Kenya to urgently address the various incidents of insecurity in the North Rift, specifically within the Counties of Baringo, Elgeyo Marakwet and Laikipia.

    Our attention has been drawn to the recent incidents of insecurity within North Rift where armed groups, bandits, and cattle rustlers have continued to viciously conduct raids on neighboring communities and as such have destroyed property, looted cattle and caused massive displacement of over 6000 people. These latest incidents are part of a long history of violence instigated by Politicians who have on numerous occasions incited the different communities against each other. These communities have been adversely affected as children are no longer able to access quality education as over 40 schools have been closed. These communities that require access to water and pasture to sustain their way of life have been left to wallow in poverty and have since sought temporary refuge in abandoned schools. The ease with which fire arms are accessed is equally a worrying trend. In the recent past, various media houses have reported that there are about 5000 to 6000 illegal firearms within the North Rift, a fact that was confirmed by Baringo County Commissioner Samuel Okwanyo during his brief to the Star Newspaper on the 1st of March 2017.

    These sporadic incidents of insecurity by armed groups, bandits, and cattle rustlers within the region have led to the death two politicians; Loyamorok member of County Assembly Fredrick Cheretei and Tiaty Parliamentary aspirant Simon Pepee Kitambaa, a teacher at Kapendusum Primary School Philemon Chetalam Kemei, two National Police Reservists, Ngororo Chief Thomas Rutop Chebor and Sosian Ranch Director Tristan Voospuy amongst others.

    We note the Government’s recent declaration of 19 administrative locations as disturbed and dangerous as well as the current security operation that has seen the Government deploy 381 security personnel, recruited 230 National Police Reservists and employ the use of surveillance and air support to track down armed groups, bandits, and cattle rustlers with the stated aim of restoring peace within the region. We also acknowledge the Government’s undertaking to create a compensation scheme to address victims of these systemic gross human rights violations.

    However, we the undersigned organization strongly urge and recommend the following to the Government of Kenya and all relevant state agencies:

    1. That the current security operation should have a clear and comprehensive mechanism for disarmament.
    2. That the National Government presides over  the transfers of the County Commissioners, Deputy County Commissioners, Officers Commanding Police Divisions and the Administration Police Commandants within the North Rift region for failing to comprehensively address this critical insecurity situation.
    3.  That the Government gazettes more Police facilities within the North Rift region and deploy more Police officers to ensure that peace and stability prevail.
    4. That ongoing investigations by the police to establish those responsible be concluded as a matter of urgency and lead to prosecution of those culpable in court regardless of the office or titles they may hold.
    5. We demand the immediate recovery of all the 10,705 livestock stolen (Cows 2740, goats & sheep 7933, Donkeys 42) by armed groups, bandits, and cattle rustlers as soon as possible to enable the affected communities sustain their  livelihood.
    6. We further demand that the compensation scheme to be undertaken by the government be transparent, consultative and comprehensive to cover all forms losses suffered and provide durable solutions to victims.
    7. We demand that the National and County Governments, Parliament and the County Assemblies concerned investigate and initiate disciplinary action against any of their members linked with these sporadic incidents of insecurity. This should include suspension from responsibilities that could hamper investigations.

    Lastly, we urge the Government, Civil Society Organizations, the Private Sector and members of the Public to put in place measures for assistance and protection of persons displaced and also to assist victims in creating a conducive environment for children to access quality education and better health services within the North Rift region.

     

    Signed by

     

    George Kegoro

    Kenya Human Rights Commission

    and

    Kimosop Kipruto

    Baringo Human Rights Consortium

     

    On behalf of the PRWG-K consisting of: Kenya Human Rights Commission (KHRC) International Centre for Transitional Justice (ICTJ-K) International Commission of Jurists –Kenya (ICJ-K) Legal Resources Foundation (LRF) Kenya National Commission on Human Rights (KNCHR) Rights Promotion and Protection Centre (RPP) Federation of Women Lawyers in Kenya (FIDA-K) Coalition on Violence Against Women (COVAW) Centre for Minority Rights (CEMIRIDE) National Coalition of Human Rights Defenders (NCHRD) Kenyans For Peace, Truth and Justice (KPTJ), International Justice Mission (IJM), Amnesty International- Kenya (AI-K), Usalama Reforms Forum, Catholic Justice and Peace Commission (CJPC), Transparent International – Kenya (TI-K), Katiba Institute (K.I), Chemichemi Ya Ukweli and Independent Legal Medical Unit (IMLU).

     

     

     

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Mon, 13 Mar 2017 13:00:05 +0300
    Letter to the President http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/582-letter-to-the-president.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/582-letter-to-the-president.html The Kenya Human Rights Commission (KHRC) is a premier Non-Governmental human rights organizations with a mandate of entrenching human rights centred governance values at all levels.  We work and partner with many communities and stakeholders-both state and non-state actors in addressing emerging and historical injustices in the society.

    The KHRC is grateful for the leadership that Your Excellency has provided in resolving the problem of statelessness that members of the Makonde community have faced in Kenya for decades. In doing so, your government resolved a problem that all other governments before yours had overlooked and neglected. 

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Tue, 21 Feb 2017 01:11:08 +0300
    Upholding the right to privacy is a core constitutional obligation http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/581-upholding-the-right-to-privacy-is-a-core-constitutional-obligation.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/581-upholding-the-right-to-privacy-is-a-core-constitutional-obligation.html The Kenya Human Rights Commission is appalled by the flagrant disregard for the Constitution of Kenya (2010) by the Communications Authority which directed that telecommunication companies allow it to plant gadgets on all networks in the country that have the ability to listen, read and track down activities of the tens of millions of Kenyans who have access to mobile devices. 

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Sat, 18 Feb 2017 00:18:49 +0300
    Kura Yangu Sauti Yangu press statement on the ongoing Mass Voter Registration process http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/580-kura-yangu-sauti-yangu-press-statement-on-the-ongoing-mass-voter-registration-process.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/580-kura-yangu-sauti-yangu-press-statement-on-the-ongoing-mass-voter-registration-process.html As the current mass voter registration (MVR) process enters its final stage, we express
    deep concern over events surrounding the process and the status of the process. Thus far,
    the MVR has been marred by a series of irregularities:
    • We note that all political parties are mobilizing for mass registration.
    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Sat, 18 Feb 2017 00:15:44 +0300
    PRESS STATEMENT ON THE PROPOSED AMENDMENTS TO SECTION 7(1) a (vii) OF THE IPOA Act, 2011. http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/579-press-statement-on-the-proposed-amendments-to-section-7-1-a-vii-of-the-ipoa-act-2011.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/579-press-statement-on-the-proposed-amendments-to-section-7-1-a-vii-of-the-ipoa-act-2011.html Our attention has been brought to the National Assembly's proposed amendment to Section 7(1) a (vii) of the IPOA Act on the Statues Law (miscellaneous amendments) Bill 2016. Section 7(1) (vii) of the Act provides the Authority with the power to "summon any serving or retired police officer to appear before it and to produce any document, thing or information that may be considered relevant to the function of the authority. The proposed amendment however, seeks to amend this section by inserting: "...provided that where the document, thing or information is privileged, the procedure for producing privileged document, thing or information shall be complied with."

    We, the undersigned governance and human rights organizations working under the auspices of the Police Reforms Working Group -Kenya (PRWG-K) strongly protest this amendment that is being proposed on the following grounds:

    1.  Under the literal rule of statutory interpretation, these words of the proposed amendment seek to limit the documents, things or information that can be shared with IPOA by officers or persons summoned to appear before the authority, and which will hinder IPOA's mandate, and also go against Article 35 of the Constitution of Kenya by denying the public its' right to information.
    2. We would like to remind members of the National Assembly that the Evidence Act, Cap 80 of the Laws of Kenya (section 131, 132 and 139) clearly provides for the procedure of submitting privileged documents, thing or information. There is no justification for the proposed amendment in the Bill, nor any indications of the mischief that it intends to cure. This goes against one of the cardinal principles in law making which requires legislation to address a mischief or seal the existing gaps in the law. It has not been shown how the current framework that is sought to be amended impedes policing or the work of IPOA.
    3. IPOA's mandate is important and forms a critical part of the police reforms geared towards attaining the objects of Article 144 of the Constitution. The proposed amendment contravenes the constitution, and also violates Section 4 of the Act which states that IPOA is not subject to any person, office or authority in the performance of its functions. In addition to that, Section 6 of the Act provides that the only way the authority can commence investigation is through receipt of information from the members of the public and members of the service. If such information is not forthcoming, the work of the authority is effectively curtailed.

      IPOA is a civilian movement, created by public interest and public views collected by the Police Reform Implementation Committee (PRIC). It is therefore self-defeating to declare information shared with them as being protected by public interest. In this regard, the proposed amendment is unmerited, irreconcilable with public interest, lacks the necessary threshold and in effect immobilizing to the authority.
    4. The Authority MUST have ample authority to provide a credible service to the people it serves. It MUST have the ability to interview all witnesses, including officers, and it MUST have access to all relevant documents needed to complete its investigations in order to be effective, and maintain the support of the people it serves.
    5. Finally, it is noteworthy that independence is at the heart of effectiveness of any oversight body such as IPOA. Without the political will to support independent oversight, the authority will flounder in its efforts to make the necessary changes to correct problems in the law enforcement agency that it oversees. In order for the authority to succeed, we BESEECH legislators at all levels to come out and jealously guard and uphold the constitution, resist attempts to introduce amendments aimed at satisfying individual egos rather than the greater public good and reject the proposed amendment in totality.

    For more information pertaining to the subject matter, please contact Steve Biko via 0712876573 or email; sbiko@imlu.org

     
    ]]>
    kevin@webstar.co.ke (Admin) ROOT Thu, 09 Feb 2017 20:57:44 +0300
    Press statement on the intended deportation by Kenyan authorities 0f Dong Samuel and Agrey Idri to South Sudan http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/576-press-statement-on-the-intended-deportation-by-kenyan-authorities-0f-dong-samuel-and-agrey-idri-to-south-sudan.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/576-press-statement-on-the-intended-deportation-by-kenyan-authorities-0f-dong-samuel-and-agrey-idri-to-south-sudan.html  

     

    PRESS STATEMENT ON THE INTENDED DEPORTATION BY KENYAN AUTHORITIES 0F DONG SAMUEL AND AGREY IDRI TO SOUTH SUDAN

     

    Two South Sudanese members of the Sudan Peoples’ Liberation Movement-In Opposition (SPLM-IO) face an imminent risk of deportation to South Sudan after Kenyan authorities detained them in the country’s capital Nairobi.

    According to their lawyer, they are being detained by Kenyan authorities in Nairobi Area Police Headquarters and are subject to a deportation order.

     We have tried, without success, to obtain comment from the Kenyan authorities regarding the whereabouts of the two, the conditions on which they are held, the process that was involved in any decision that may have been made regarding their deportation.

     

    Dong Samuel:

    Dong Samuel, a prominent lawyer and human rights advocate, was last seen in Nairobi city centre at approximately 9:00pm on 23 January, when he was on his way to board a bus and return to his residence. He never arrived at home.

    Dong Samuel left South Sudan in August 2013 due to security threats. He has been registered as a refugee in Kenya since November 2016.

    From 2002 to 2013, Dong Samuel was Secretary General of the South Sudan Law Society, a South Sudanese civil society organization focused on promotion of justice, human rights and the rule of law. 

    Following the outbreak of South Sudan’s ongoing armed conflict in December 2013, he joined the SPLM-IO and is a member of its Human Rights and Justice Committee.

    Dong Samuel is a vocal critic of the South Sudanese government and is active on Facebook and Twitter.

    Aggrey Idri:

    Aggrey Idri, chairman of the SPLM-IO Humanitarian Affairs Committee was last seen in Kilimani at approximately 8:00am on the morning of 24 January.Aggrey Idri is a vocal critic of the South Sudanese government and active on Facebook. 

    International law:

    As Dong Samuel is a refugee, his deportation from Kenya would violate the international law principle of non-refoulement.

    Given the serious risk of torture both would face in South Sudan, their deportation would also violate Kenya’s obligations under the UN Convention Against Torture

    James Gatdet:

    In November 2016, Kenyan authorities deported South Sudanese opposition spokesperson James Gatdet back to South Sudan in spite of his refugee status. Since his arrival in Juba, he has been held without charge at the South Sudan’s National Security Service headquarters in Juba.

    James Gatdet is being held at the NSS headquarters prison since his arrival in Juba, in solitary confinement in a room approximately 3 meters by 1.5 meters large. He is not taken outside and is only provided access to sanitary facilities twice a day.

    We are calling on the Kenya government:

    1. To disclose without delay, the place where Dong Samuel and Aggrey Idri are being held so that their families and lawyers can meet with them and arrange initial assistance.
    2. To make public the reasons why the two are being held and unless it can demonstrate a lawful basis for their continued detention, to release them without delay;
    3. To recognise and give effect to the fact that both Dong Samuel and Aggrey Idri  run the risk of being subjected to torture if they are deported to South Sudan, and , therefore, to ensure that the two are not deported to that country;
    4. To recognise the fact that Dong Samuel enjoys refugee status in Kenya and that his deportation from Kenya would violate the international law principle of non-refoulement.

    NAIROBI 25th JANUARY 2017

    Signed by the Kenya Human Rights Commission

     

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Thu, 26 Jan 2017 00:30:42 +0300
    Nairobi Women March Press Release http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/575-nairobi-women-march-press-release.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/575-nairobi-women-march-press-release.html  

    (Nairobi, 20 January 2017)—Women, men and children in Nairobi who support women’s rights, human rights and social justice will stand up and be counted on 21 January at the Women’s March on Nairobi, a “Sister March” to the historic Women’s March taking place in Washington, D.C., on the same day. The march, in Nairobi’s Karura Forest, will highlight women’s resistance to sexism and gender inequality and their call for more progressive and inclusive governance, in Kenya, in the United States and around the world.Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Tue, 24 Jan 2017 21:15:54 +0300
    Statement on the attacks by the NGO board against the KHRC http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/573-statement-on-the-attacks-by-the-ngo-board-against-the-khrc.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/573-statement-on-the-attacks-by-the-ngo-board-against-the-khrc.html Through a document that was widely distributed in the media, the NGO Coordination Board accuses the Kenya Human Rights Commission, (KHRC) of serious financial and management impropriety, and also alleges that the KHRC’s current auditors PWC, and its previous, PKF, have assisted the KHRC in covering the financial impropriety. Click on this link to read more:-  images/docs/StatementontheattacksbytheNGOboardagainsttheKHRC.pdf

     

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Thu, 12 Jan 2017 17:21:16 +0300
    The Kenya Human Rights commission to commence contempt proceedings against Fazul Mohammed and the NGO Bureau http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/572-the-kenya-human-rights-commission-to-commence-contempt-proceedings-against-fazul-mohammed-and-the-ngo-bureau.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/572-the-kenya-human-rights-commission-to-commence-contempt-proceedings-against-fazul-mohammed-and-the-ngo-bureau.html The Kenya Human Rights Commission (KHRC) is gravely concerned about an internal report generated by the NGO Coordination Board, and which the Board has shared with the media, containing adverse allegations about the financial affairs of the KHRC. For reasons explained below, the KHRC will immediately move the High Court to commence contempt of court proceedings against the CEO of the NGO Board, Mr. Fazul Mohammed, whose conduct contravenes a final judgement issued by the High Court in favour of the KHRC. Click on this link to read more:- images/docs/TheKenyaHumanRightscommissiontocommencecontemptproceedingsagainstFazulMohammedandtheNGOBureau.pdf

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Thu, 12 Jan 2017 17:09:51 +0300
    Kura Yangu, Sauti Yangu statement on the selection of the IEBC chair and members. http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/570-kura-yangu-sauti-yangu-statement-on-the-selection-of-the-iebc-chair-and-members.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/570-kura-yangu-sauti-yangu-statement-on-the-selection-of-the-iebc-chair-and-members.html Kura Yangu Sauti Yangu would like to raise a number of concerns about the on-going recruitment of members of the next Independent Electoral and Boundaries Commission (IEBC). The recruitment process saw 15 candidates apply for the position of the Chair and 748 for the position of member. Of the 15 who had applied for the Chair’s position, 5 were shortlisted while 36 applicants were shortlisted for the position of member.

    First, we demand to know the basis and criteria upon which the shortlisting was conducted. The publication of the long list only provided the academic qualifications of the applicants. There has been little or no public information on the other qualifications of the candidates that applied.

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Sat, 26 Nov 2016 00:11:12 +0300
    Final Communique of the 2016 Annual Jurists Conference http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/569-final-communique-of-the-2016-annual-jurists-conference.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/569-final-communique-of-the-2016-annual-jurists-conference.html  
    1. The International Commission of Jurists Kenyan Section (ICJ Kenya) in partnership with
    Konrad Adenauer Stiftung and the Kenya Human Rights Commission (KHRC) held the
    2016 Annual Jurists Conference (AJC) in Durban, South Africa from 9-13 November, 2016.
    The theme of the conference was “State of Democracy and Transitions in Africa: Addressing the
    Regression”. The Conference was opened by Hon. Judge Jody Kollapen, Judge of the High Court
    of South Africa and Vice Chairperson of the South African Law Reform Commission.
    Hon. Dr. Kizza Besigye, Leader of the Forum for Democratic Change (FDC), the leading Opposition
    Party in Uganda also delivered a special Keynote address. Other opening remarks were also
    delivered by Mr. Njonjo Mue, Chairman of the Kenyan Section of the International Commission
    of Jurists, Mr. Samwel Mohochi, Executive Director of the Kenya Section of the International
    Commission of Jurists and Mr. Andrew Songa, Programme Manager at the Kenya Human Rights
    Commission. The conference was privileged to have an interactive dialogue session with Retired
    Justice Albie Louis Sachs. Mr. Isaac Okero, the President of the Law Society of Kenya delivered the
    closing remarks.
    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 23 Nov 2016 13:36:45 +0300
    Press Statement by a section of the Civil Society on the excessive use of force by the police to brutally scuttle the anti-corruption protest at freedom corner http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/568-press-statement-by-a-section-of-the-civil-society-on-the-excessive-use-of-force-by-the-police-to-brutally-scuttle-the-anti-corruption-protest-at-freedom-corner.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/568-press-statement-by-a-section-of-the-civil-society-on-the-excessive-use-of-force-by-the-police-to-brutally-scuttle-the-anti-corruption-protest-at-freedom-corner.html 4th November, 2016, Nairobi| We, the civil society organisations responsible for organising the anti-corruption protest that took place in Nairobi on 3rd November 2016 are extremely outraged and perturbed by the brutal and savage manner in which the police disrupted the peaceful protest. The protest, which had been organised to express public indignation on the unsettling escalation of grand corruption under the current regime, was viciously scuttled by the police immediately it began. Information reaching us from human rights monitors shows that at least 24 people were arrested in the melee and scores of others brutally beaten up by the police. A colleague in the civil society was hit by a teargas canister on the head forcing her to be quickly rushed to hospital. Additionally, journalists covering the protest were attacked in the process and their equipment damaged. Of great concern is that no charges were preferred against those arrested, a clear indication that the arrests were mere acts of intimidation aimed at ensuring that further protests do not take place.

    We regretfully note that Uhuru Park, which was the convening point for the protest, was fully occupied by a large contingent of heavily armed police, both uniformed and plain clothed, with the intention of stopping the commencement of the protest. The heavy infiltration of the protest by the police, some of whom wore protest gear to disguise themselves for purposes of attacking the protesters and journalists, remains unacceptable and unfathomable. Some of those that had disguised themselves have since been clearly captured in media footage liaising with uniformed police and throwing teargas canisters at the protesters.

    The excessive violence meted out on civilians taking part in the peaceful protest was completely uncalled for. The brutality witnessed grossly contravenes section 37 of the constitution which provides for the right, peaceably and unarmed, to assemble, demonstrate, picket and present petitions to public authorities. Additionally, the police actions amounted to violation of section 238 of the constitution which spells out the principles of national security.

    Even more concerning is the fact that this incident joins a long list of peaceful protests violently dispersed by the police. We still vividly recall the tragic occurrences of the Occupy Playground Protests in Langata which saw protesting children repelled with teargas and the appalling physical assault of a protester by an officer in the full glare of television cameras at the height of the IEBC protests. A common thread in these examples is a lack of accountability that has fostered a culture of impunity in the police service for the flagrant disregard of the constitution in policing of assemblies.

    We strongly condemn the indiscriminate and reckless use of tear gas, water cannons and rubber and live bullets on the protesters and journalists. The excessive use of crowd control weapons is completely unacceptable and contravenes internationally accepted standards of crowd control.

    It is disappointing and telling that no official statement has been made by the executive publicly condemning the violence and brutal acts by the police. We hereby call upon the Independent Policing Oversight Authority (IPOA) to investigate the police officers involved in these heinous acts and to take grave action on those found culpable. Additionally, we call on the Commission on Administrative Justice (CAJ) to issue an advisory on this matter and call upon the state to act on the recommendations in the CAJ report on the Langata playground protests. We further demand a review of the police standing orders to reflect international standards on the use of force and policing of assemblies.

    It is a pity that this arbitrary power being applied by the executive against harmless Kenyans seeking accountability over crimes that the president has confessed inability to address cannot be utilised against the merchants of corruption in the country. We reiterate our commitment to defend the constitution and insist that the president utilize his powers as provided for under the constitution to expediently act on corruption failure to which he ought to resign.

                                                                   END

    Contact Person: Catherine Kamatu, communications Officer, Kenya Human Rights Commission, ckamatu@khrc.or.ke

     

    Signed on Behalf of civil society Organisations

    Davis Malombe

    Deputy Executive Director

    Kenya Human Rights Commission

    Read More

     

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Fri, 04 Nov 2016 23:48:46 +0300
    Petition to His Excellency the President Uhuru Kenyatta for expedient and decisive action against grand corruption http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/567-petition-to-his-excellency-the-president-uhuru-kenyatta-for-expedient-and-decisive-action-against-grand-corruption.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/567-petition-to-his-excellency-the-president-uhuru-kenyatta-for-expedient-and-decisive-action-against-grand-corruption.html 3rd November, 2016, Nairobi

    We, the civil society of Kenya, express our deep concern and consternation for the worrying escalation of mega-corruption scandals in Kenya in the recent past with little or no consequences for perpetrators, many of whom have been heavily mentioned in a series of scandals and continue to unashamedly occupy, and therefore bring dishonour, to public office. We rebuke in the strongest terms possible, the culture of impunity that continues to be unapologetically entrenched owing to an apparent lack of political will to address mega corruption.

    Of particular concern to us is the theft of colossal amounts of money from the exchequer most of which initially allocated for the delivery of basic services to citizens. This undoubtedly directly impacts on economic and social rights of citizens as well as their right to lead a life of dignity.

    Mr. President, in addition to flawed and opaque procurement processes, recent scandals have been characterised by gross imprudence in expenditure as well as the failure by government ministries and departments to provide the necessary supporting documents for monies spent.

    The reported procurement of 100 container clinics by the Ministry of Health at a cost of 10 million shillings each is a perfect case of lack of financial prudence and deliberate waste of public resources by those we have been bestowed the power to manage these resources on our behalf.  Worryingly, in his report of the financial year ending 2015, the Auditor General revealed that only 1% of public expenditure was accounted for. Further to this, and more upsetting, is the revelation that Kenya loses at least 600 billion annually in corrupt dealings. 

    Mr. President, it is extremely foolhardy for your office to continue to publicly declare its intention to decisively deal with graft while at the same time show dismal results from this commitment. Further, the recent declaration during the anti-corruption summit that your office has so far done all it could and that the failure to stem graft was occasioned by inaction by independent offices responsible for fighting grant, was indeed an admission of failure on the part of your esteemed office.

    Additionally, your admission in the same forum of your office’s helplessness in addressing corruption has to a large extent eroded the confidence of the public in the goodwill of the presidency to evoke section 10, 131 and 132 of the constitution for the protection of rule of law, accountability, transparency, good governance, human rights and fundamental freedoms of citizens. Critical also is Article 129(b)  which provides that the Executive Authority shall be exercised in a manner compatible with the principle of service to the people, and for their well-being and benefit.

    Mr. President, it is known to you (or ought to be known to you) that most of those implicated in corruption are senior officials within your government, a significant number of whom you have powers to fire without reference to any other authority. It is extremely hypocritical of you to seem to blame other organs of the State of promoting corruption when you have failed to take decisive action against publicly well known senior officers, for whom you hired and have power to hire.

    This is a failure by you to honour the edict of Article 131 to safeguard the constitution and the sovereignty of Kenya, it is also a failure to discharge the promise you made to the Kenyan people through the Oath of office you took when you were sworn to be president. Mr. President by superintending a government that abets runaway corruption, you too, are in violation of the Constitution and the law!

    Based on the foregoing, we hereby demand from you and your government:

    1. immediate sacking of state and public officers within the executive (for whom you have powers to dismiss) adversely mentioned in corruption scandals;
    2. Immediately leading the process of making public, all the wealth declaration forms among the state and public officers.
    3. Initiating legal process of freezing of bank accounts of all those implicated in grand corruption scandals pending investigations;
    4. Immediately initiate a process of recovering all stolen public funds and property. This should go as far back as is judicially possible to cover all past corruption activities since independence;
    5. Instantaneously stop and recover salaries paid illegally to officers who have been suspended or removed from public service on graft allegations.
    6. Expeditiously implement recommendations of Auditor General’s reports;
    7. Ensure protection and adequate resourcing of the Auditor General’s office and other independent offices  to enable them to effectively discharge its mandate;
    8. Ensure that public money is spent in a prudent and responsible way by cutting down on the aggravating extravagance and recklessness witnessed during  the last four years.   
    9. Ensure protection of all whistle blowers for the corruption scandals that have already been reported. We also demand reward of whistle blowers to a  tune of at least 20% of stolen funds recovered;
    10.  Fully operationalize the Campaign Financing Act. All political aspirants must publicly declare all sources of their campaign funds;
    11. Ensure that the annual state of the nation reports include a report on corruption and how much of state resources lost through past corruption scandals have been recovered;
    12. Ensure open advertising and recruitment of Board members and staff of government departments and parastatals as well as chairpersons of parastatal boards;
    13. Ensure that tax returns for companies and individuals implicated in grand corruption scandals be released for public scrutiny by the Kenya Revenue Authority; and
    14.  Deepen openness and accountability, including genuine public participation in governance, especially, in financial ,matters[1].  

    Finally, if  you are not in a position to implement these demands which are well  within your legal, constitutional and political obligations, we therefore demand that you REGIGN. Act Against Corruption Now or Resign”/ “Komesha Ufisadi  Sasa au Jiuzulu”.

    | END

    Contacts:

    Davis Malombe, Deputy Executive  Director; Kenya Human Rights Commission, dmalombe@khrc.or.ke; +254-020-2044545; +254-020-2106709

    Catherine Kamatu, Communications Advisor, Kenya Human Rights Commission, ckamatu@khrc.or.ke; 0728 815 266

    SIGNED BY:

    1. Kenya Human Rights Commission
    2. Pawa 254
    3. Inter-Religious Council of Kenya
    4. Transparency International
    5. Katiba Institute
    6. Sauti Ya Wanjiku
    7. Civil Society Reference Group
    8. Transparency International-Kenya

     

    Read More

     

     

     

    [1] Article 201(a) of the Constitution of Kenya

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Fri, 04 Nov 2016 23:27:04 +0300
    Public Action Against Mindless Theft and waste of state resources http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/566-public-action-against-mindless-theft-and-waste-of-state-resources.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/566-public-action-against-mindless-theft-and-waste-of-state-resources.html 1st November 2016

    Since independence, Kenyan public has been treated to a cocktail of abominable theft, plunder, squander and waste of public resources, while the institutions tasked with the mandate to probe and deal with the said scandals have repeatedly sanctified the same. Bailed  as the most corrupt and unaccountable administration in Kenya’s political history so far, the Jubilee regime’s 4 years in power has been characterized by rampant, reckless  and mindless  looting  and misappropriation of state coffers.

     

    The situation in the country remains so grave and dire that the official Auditor General’s report  for 2015 found that just 1% of Kenya government spending and  a quarter of the entire 1.6  trillion shillings budget was properly accounted for. Current reports indicate that Kenya loses approximately 600Billion shillings out of its annual budget of 2 trillion (close to 30%) through wanton theft and waste.  Imagine what this amount could do in supporting health care for the poor, provision of quality basic education, clean water or employment for our youth?  

     

    Specifically, the Kenyan CSOs note with concern the following systemic  and vicious failures of the political establishments, both at the national and county levels: That as noted by John Githongo, a prominent anti-corruption crusader, “corruption in Kenya has deepened and widened since President Uhuru Kenyatta came to power in 2013”.

     

    1. Mega scams such as the  National Youth Service Saga, “Chicken Gate” Scandal; land grabbing; flawed tendering in the  Multi-Billion Standard  Gauge Railway; Misappropriation of devolved funds and current  Afya House Scandal in the Ministry of Health  among others remain unsolved. That majority of those adversely mentioned in the above scams are either close associates or relatives of senior state/public officers thus deepening vested interests and political complicity.
    2. That the institutions mandated to provide leadership in the fight  against corruption have terribly failed to live  up to the Kenyan public expectation; from the presidency, Judiciary, Ethics and Anti-Corruption Commission, office of the Director of Public Prosecution, Office of the Attorney General.
    3. That the president has failed to demonstrate genuine, bold and effective political will and leadership to combat corruption over the years. His admission of inability to battle graft in a recent state house anti-corruption summit sums it all.
    4. That the judiciary has failed to put in places mechanisms to expedite corruption related cases. As a result such cases take too long in courts. This has delayed justice and only encouraged corruption to thrive.
    5. That the Ethics and Anti-corruption Commission has failed to effectively and independently deliver on its key mandate; law enforcement, investigation and corruption prevention in the discharge of its functions. This has rendered the institution a friendly environment for the corrupt. In fact on many occasions the EACC has sanitized the corrupt.
    6. That most of the alleged grand corruption prime suspects have been exonerated through a sham process while those who have not been exonerated have not been prosecuted either but remain free to enjoy their loot.
    7. That most of the state/public officers who have declared their wealth have done so in private, thus without adequate public disclosure.  This is a precedence set by the presidency hence incapacitating the public to hold both state and public officers accountable for their wealth.
    8. That the government has failed to demonstrate greater transparency in procurement processes by not publicizing information on tender analysis, detailed contractor profiles including list of directors, engagement contracts, project implementation plans, bills of quantities and other related information.

     

    It’s in response to the president’s admission of helplessness, his inability to act, and the failure by the different state agencies to admit responsibility in the midst of wanton theft of state resources, that the Kenyan Civil Society is calling a national mass demonstration to demand for urgent and systematic actions against mega corruption in Kenya.

     

    1. The demonstration will take place on Thursday (03/11/2016) from freedom corner and will end with a submission of a petition with a Demand List to the president.
    2. The Demand List will capture the practical actions that the President should implement in line with his legal and political mandate and obligations.
    3. We therefore call upon the public and the media to turn up for the demonstration. We also request members of the public to come dressed in red and carry a whistle and the Kenyan flag.

    We have planned sustained political actions to ensure zero tolerance to and increased accountability for public theft in Kenya. 

     

        

     

                                                                                  

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 02 Nov 2016 01:00:40 +0300
    Press Statement on the break-in into the home of Human Rights defender Mr. Khelef Khalifa http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/563-press-statement-on-the-break-in-into-the-home-of-human-rights-defender-mr-khelef-khalifa.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/563-press-statement-on-the-break-in-into-the-home-of-human-rights-defender-mr-khelef-khalifa.html  26 October 2016

     The Kenya Police Service should promptly, thoroughly, and transparently investigate the break-in into the home of the Chairperson of the Board of Directors of Muslim for Human Rights (MUHURI), Mr. Khelef Khalifa’s whose house’s was broken into at 4 am on 25 October 2016, in Mombasa County.

     Read More

     

     

     

     

     

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Thu, 27 Oct 2016 15:48:46 +0300
    South Africa: Continent Wide Outcry at ICC Withdrawal http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/559-south-africa-continent-wide-outcry-at-icc-withdrawal.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/559-south-africa-continent-wide-outcry-at-icc-withdrawal.html
    Victims’ Advocates Urge Reconsideration, Support for Court 

    (Johannesburg, October 22, 2016) – South Africa’s announced withdrawal from the International Criminal Court (ICC) is a slap in the face for victims of the most serious crimes and should be reconsidered, African groups and international organizations with a presence in Africa said today. 

    The groups urged other African countries to affirm their commitment to the ICC, the only court of last resort to which victims seeking justice for mass atrocities can turn.

    “South Africa’s intended withdrawal from the ICC represents a devastating blow for victims of international crimes across Africa,” said Mossaad Mohamed Ali of the African Center for Justice and Peace Studies. “As South Africa is one of the founding members of the court, its announcement sends the wrong message to victims that Africa’s leaders do not support their quest for justice.”

    South Africa publicly announced on October 21, 2016, that it has notified the United Nations secretary-general of its intent to withdraw from the ICC. However, there are significant questions as to whether South Africa abided by its domestic law in withdrawing without approval of its own parliament, the groups said.

    “South Africa’s purported withdrawal – without parliamentary approval or public debate – is a direct affront to decades of progress in the global fight against impunity,” said Stella Ndirangu of International Commission of Jurists-Kenya. “We call on the South African government to reconsider its rash action and for other states in Africa and around the world to affirm their support for the ICC.”

    “We do not believe that this attempt to withdraw from the ICC is constitutional and it is a digression from the gains made by South Africa in promoting human rights on the continent,” said Jemima Njeri of the Institute for Security Studies’ International Crime in Africa Program. “The South African government is sending a signal that it is oblivious to victims of gross crimes globally.”

    South Africa’s announcement that it will withdraw from the ICC comes after the country’s court of appeal concluded the government violated its international and domestic legal obligations in not arresting ICC fugitive Sudanese President Omar al-Bashir in June 2015, when he visited South Africa. A government appeal was pending, but on October 21, 2016, the government indicated that it has withdrawn the appeal.

    “The decision by Pretoria to withdraw from the Rome Statute is a response to a domestic political situation,” said George Kegoro ofthe Kenya Human Rights Commission. “Impervious to the country’s political history and the significance of the ICC to African victims and general citizenry, the South African leadership is marching the country to a legal wilderness, where South Africa will be accountable for nothing.” 

    South Africa is the first country to notify the UN secretary-general of withdrawal from the ICC. Burundi recently passed a law on ICC withdrawal but has not submitted notification with the UN secretary-general as required to trigger the process of withdrawal.

    The ICC is meant to act as a court of last resort, stepping in only when national courts cannot or will not prosecute some of the most serious international crimes.

    Since 2009, the ICC has faced a backlash from a vocal minority of African leaders alleging that the court is unfairly targeting Africa. While all of the ICC’s investigations to date – with the exception of Georgia – have been in Africa, the majority have been initiated at the request of an African government: Central African Republic, Côte d’Ivoire, Democratic Republic of the Congo, Mali, and Uganda.

    The situations in Libya and Darfur were referred by the UN Security Council. Kenya is the only African situation in which the government or Security Council did not make a request to the ICC regarding investigation.

    At the same time, there is an uneven landscape. A number of powerful countries and their allies have been able to avoid the reach of the ICC, and of justice more generally. The ICC is constrained in reaching these countries because they are not parties to the ICC and because they or their allies on the Security Council have used the veto to block referral to the ICC of situations desperately in need of justice, including Syria.

    The African Union (AU) has been a source of attacks on the ICC and in January 2016, it set up a committee to explore a strategy for ICC withdrawal. Many African governments continue to support the court, but have too often been silent in the face of attacks on it. Support has included cooperation with investigations and the referral of new situations to the court. Mali referred the crimes committed in its country in 2012, and Gabon referred crimes committed in its country in September 2016.

    In July, during the AU summit, several African ICC members – Côte d’Ivoire, Nigeria, Senegal, and Tunisia – took an important step in joining Botswana, a vocal ICC supporter, to expressly oppose an AU call for ICC withdrawal. Burkina Faso, Cape Verde, the Democratic Republic of Congo, and Senegal also entered reservations to the July summit decision. Since 2009, activists across Africa have joined with international groups to call for African governments to support and strengthen the ICC, instead of undermining it.

    “Now, more than ever, countries that believe in the rights of victims should affirm their support for the ICC,” said Oby Nwankwo of the Nigeria’s national Coalition for the ICC. “We should hear from Nigeria, Ghana, Ivory Coast, Senegal, and Central African Republic, among many others, on the importance of the ICC in Africa and globally.”

    For more information, please contact:
    In Banjul, for Human Rights Watch, Daniel Bekele (English): +1-917-385-3878; or bekeled@hrw.org
    In Abuja, for Nigerian Coalition for the International Criminal Court, Chino Edmund Obiagwu (English): +234-0703-000-0014; or +234-012-802-009; or +234-0803-691-3264 (mobile); orobiagwu@ledapnigeria.org 
    In Accra, for Ghana Center for Democratic Development, Franklin Oduro (English): +233-249-77-7788 (mobile); orf.oduro@cddgh.org
    In Banjul, for Burundi Coalition for the ICC, Lambert Nigarura (French): +220-271-2084; or +257-71-741-127; or +250-78-377-0959; or nigarlambert@gmail.com
    In Freetown, for Center for Accountability and the Rule of Law-Sierra Leone, Ibrahim Tommy (English): +232-76-365-499; or ibrahim.tommy@gmail.com
    In Johannesburg, for International Commission of Jurists and Fédération Internationale pour les Droits de l’Homme, Arnold Tsunga (English): +27-716-405-926 (mobile); orarnold.tsunga@icj.org
    In Johannesburg, for Human Rights Watch, Dewa Mavhinga (English): +27-73-5211-813 (mobile); or mavhind@hrw.org
    In Johannesburg, for Southern Africa Litigation Centre, Angela Mudukuti (English): +27-767-623-869; or AngelaM@salc.org.za
    In Lilongwe, for Centre for Human Rights and Rehabilitation, Fletcher Simwaka (English): +265-999-285-604 (mobile); orflesimwaka@yahoo.com
    In New York, for Coalition for the ICC, Steve Lamony (English): +1-646-465-8514; or lamony@coalitionfortheicc.org
    In New York, for Human Rights Watch, Elise Keppler (English): +1-212-216-1249 (office); or +1-917-687-8576 (mobile); orkepplee@hrw.org
    In Nairobi, for Kenya section of the International Commission of Jurists, Stella Ndirangu (English): +254-7222-336-399; or stella.ndirangu@icj-kenya.org
    In Nairobi, for the Kenya Human Rights Commission, Andrew Songa (English): +254-722-264497 (mobile); or Asonga@khrc.or.ke
    In Pretoria, for the International Crime in Africa Programme, Institute for Security Studies, Jemima Njeri (English): +27-832-346-566; or +27-123-469-500; or jnjeri@issafrica.org

    The following organizations that are active in an informal group that promotes justice for serious crimes endorsed this release (additional endorsements will be updated online):
    African Center for Justice and Peace Studies (Uganda)
    Africa Legal Aid
    Burundi Coalition for the International Criminal Court
    Centre for Accountability and Rule of Law–Sierra Leone
    Centre for Human Rights and Rehabilitation (Malawi)
    Center for Democratic Development (Ghana)
    Civil Resource Development and Documentation Centre (Nigeria)
    Coalition for Justice and Accountability (Sierra Leone)
    Coalition for the International Criminal Court
    DefendDefenders (Uganda)
    Federation Internationale des Droits de l’Homme
    Foundation for Human Rights Initiative
    Human Rights Watch
    International Commission of Jurists
    International Commission of Jurists–Kenya
    International Crime in Africa Program at the Institute for Security Studies (South Africa)
    Kenya Human Rights Commission
    Kenyans for Peace, Truth, and Justice
    Legal Defence and Assistance Project (Nigeria)
    Ligue pour la Paix, les Droits de l’Homme et la Justice (Democratic Republic of Congo)
    Nigerian Coalition for the International Criminal Court
    Parliamentarians for Global Action 
    Southern Africa Litigation Centre (South Africa)
    Vision Sociale ASBL (Democratic Republic of Congo)

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Tue, 25 Oct 2016 00:02:47 +0300
    The First National Summit on Public Benefits Organizations (PBO) Leaders http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/556-the-first-national-summit-of-pbo-leaders.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/556-the-first-national-summit-of-pbo-leaders.html The meeting is for all PBOs working in all 47 Counties, nationally and regionally to discuss the
    latest developments on the commencement of the PBO Act and to agree on the way forward.
    Under the Public Benefits Organisations Act (2013), PBOs are defined as “organisations that
    provide public benefits or act in the public interest”. Public Benefits Organisations can be
    represented at this meeting by

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 05 Oct 2016 13:31:09 +0300
    KHRC celebrates Kenya's Heroes and Heroines http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/555-khrc-celebrates-kenya-s-heroes-and-heroines.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/555-khrc-celebrates-kenya-s-heroes-and-heroines.html On 24th of September, the Kenya Human Rights Commission, together with her partners; the Mau Mau War Veterans Association, the British High Commission and the National Museums, came together and held the first anniversary of the Memorial to Victims of Torture and ill treatment during the Colonial Era (1953 – 1963) , located in Freedom corner at Uhuru Park. This event was held to celebrate our liberation Heroes and Heroines and also to provide an initial space to start a discourse on the essence of intergenerational inclusivity in the realization of a culture of perpetual democracy in Kenya. The occasion was themed; Intergenerational commitment to justice.

    George Kegoro, ED, KHRC gives openning remarks at the MauMau monument 1st anniversary

    The highlight of the event was different age generations sharing symbolic mementos with younger generations. The 90s & 80s shared a picture of the memorial and the flag of Kenya to the 70S & 60S generation. The flag symbolized the fight for self-determination and the picture captured the reparation gesture that the memorial stands for.

     90s & 80S generation pass the Kenyan flag to 70s & 60s generation  

    The 70s & 60s shared the Constitution of Kenya, with the 50s&40s; the Katiba symbolized the struggle for the second liberation and for the realization multipartism. The 50s&40s shared four reports i.e. Krigler, TJRC, CIPEV and Ndungu’s report on Historical Land Injustices. These are some of the important documents that detail what bedevils Kenya as a country yet their recommendations are yet to be implemented.

    Generation 70s & 60s pass the Kenyan constitution to generation 50s & 40s 

    The 30s & 20s shared a whistle and a picture of a flash disk with the below 20s generation. These mementos signified the new space of online advocacy platforms  and the culture of whistle blowing.

    Apart from the presence of the Maumau War Veterans Association, other liberation movements like Dini Ya Musambwa, Koitalel Arap Samoei and Mekatilili Wa Menza also attended the event. There was also representation from the civil society, donors and representatives from five universities and twenty five schools both primary and secondary.

    Mzee Gitu Wa Kahengeri and Nick Hailey,British High Commissioner to Kenya

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Fri, 30 Sep 2016 22:05:46 +0300
    KHRC participates at the Law Society Awareness Week http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/554-khrc-participates-at-the-law-society-awareness-week.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/554-khrc-participates-at-the-law-society-awareness-week.html The KHRC participated at the 2016 Law Society Legal Awareness week at the Milimani Law Courts starting Monday, 26th September 2016. The opening ceremony was officiated by the by Acting Presiding Judge of the Supreme Court of Kenya Justice Mohammed Ibrahim. This year’s theme wasImproving Access to Justice through Alternative Dispute Resolution”. The event which is held annual aims at enabling Kenyans with limited resources to receive free legal assistance.

    Morgan Ayieko of KHRC attending to visitors at the commission's stand 

    The KHRC participation included offering free legal advice to the public as well as distributing advocacy reports to help empower and educate Kenyans with knowledge in when in search for redress and justice.

    A member of the public signs KHRC visitor's book “The public needs Legal assistance, to meaningfully engage and effectively make use of the legal system and to enjoy the full breadth and freshness of the Constitution of Kenya 2010 which guarantees the various rights to a fair trial.” Said Justice Mohammed Ibrahim. Justice Hussein Mohammed Ibrahim at the event

    The event which closes its curtain on 30th September 2016 has been successful by having many Kenyans advised on legal matters. 

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Fri, 30 Sep 2016 21:37:35 +0300
    George Kegoro speaks at the Kenya: Governance Assessment report launch by Freedom House http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/553-george-kegoro-speaks-at-the-kenya-governance-assessment-report-launch-by-freedom-house.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/553-george-kegoro-speaks-at-the-kenya-governance-assessment-report-launch-by-freedom-house.html George Kegoro, Executive Director, Kenya Human Rights Commission (KHRC) spoke to the civic space component of the Kenya: Governance Assessment report launch today. The report was launched by Freedom House at the Laico Regency Hotel.

    George Kegoro gives his address at the launch

    Other panelists at the launch included; Commissioner Jedidah Wakonyo from the Kenya National Commission on Human Rights, Dr.Willy Mutunga former chief justice of Kenya and Kwame Owino the Chief Executive Officer, Institute of Economic Affairs and John Tuta, Head of legal at The Attorney Genral's Office.

    Panelists from left to right; George Kegoro, Kwame Owino, Dr.Willy Mutunga, John Tuta, Jedidah Wakonyo 

    KHRC was among the commissions that validated the report. The report assesses Kenya’s progress towards improving government accountability, promoting civic liberties, human rights, rule of law and transparency over a three year period, between January 2013 and July 2016.

    The report is divided into four components; Civic Space, Security and Human Rights, Rule of Law and independence of the Judiciary and Corruption and accountability.

    Davis Malombe, Deputy Executive Director, KHRC asks questions to the panelists and Freedom House representatives  

    “Closing of civic space is an attempt by the state to disrupt citizen power” stated George Kegoro

    To access the full report click here  

    To view more photos from the launch click here

     

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Thu, 29 Sep 2016 19:39:05 +0300
    UN/African Union: Reject ICC Withdrawal http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/552-un-african-union-reject-icc-withdrawal.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/552-un-african-union-reject-icc-withdrawal.html
    Security Council Meeting With AU

    (New York, September 22, 2016) – The African Union (AU), in advance of a meeting with the United Nations Security Council onSeptember 23, 2016, should end consideration of a call for mass withdrawal of its members from the International Criminal Court (ICC), a group of African nongovernmental organizations and international groups with a presence in Africa said today. 

    In January, the AU decided to mandate its Open-Ended Committee on the ICC to develop a “comprehensive strategy” that includes withdrawal from the ICC. The committee met on April 11, and identified three conditions that it said should be met for the AU to avoid calling for withdrawal. These included a demand for immunity for sitting heads of state and other senior officials from prosecution before the ICC.

    “AU efforts to undermine the only permanent criminal court for victims of atrocities are fundamentally at odds with the AU’s rejection of impunity, and with its decision to make 2016 as the AU’s year of human rights,” said Stella Ndirangu of the Kenya section of International Commission of Jurists. “The AU’s commitment to justice cannot be reconciled with protecting African and other leaders from accountability for mass atrocities before the ICC.” 

    Article 4 of the Constitutive Act of the AU expressly rejects and condemns impunity. The AU has also identified justice as one of its “shared values,” and 2016 as the “African Year of Human Rights with Particular Focus on the Rights of Women.”

    Some African ICC members are taking important steps to limit impunity, the organizations said. At the AU’s summit in Kigali from July 10 to 18, several African countries – Botswana, Côte d’Ivoire, Nigeria, Senegal, and Tunisia – pushed back against a potential call by the African Union for a mass exit of African countries from the International Criminal Court. Burkina Faso, Cabo Verde, the Democratic Republic of Congo, and Senegal alsoentered reservations to the AU decision that was adopted at the summit to continue its consideration of ICC withdrawal.

    In the period before the summit, 21 international and African nongovernmental organizations released avideo featuring 12 African activists on the importance of the ICC and the need for African governments to support the court. The video, and a shortened version of it, have attracted more than 80,000 views on social media. 

    Withdrawal from the ICC is a decision to be made by individual countries and cannot be carried out by the AU. At the same time, a call from the AU for countries to withdraw or consider withdrawal would make it more difficult politically for African countries to show support for the court. 

    “The ICC remains the crucial court of last resort,” said Timothy Mtambo of Malawi’s Center for Human Rights and Rehabilitation. “The AU should work to strengthen and support the ICC, not urge its members to quit the institution.”

    The work of the Open-Ended Committee on the ICC is the latest development in a backlash against the ICC by some African leaders, focused on charges that the ICC is unfairly targeting Africa. The backlash first surged in the wake of the 2009 ICC arrest warrant for President Omar al-Bashir of Sudan, on charges of serious crimes committed in Darfur. It reached a new level of intensity in 2013, when then ICC suspects Uhuru Kenyatta and William Ruto were elected president and deputy president of Kenya, respectively. 

    Six out of the nine African situations under ICC investigation came about as a result of requests or grants of jurisdictions by African governments – Côte d’Ivoire, Democratic Republic of Congo, Mali, Uganda, and two requests from the Central African Republic. In January, the ICC prosecutor opened the court’s first investigation outside Africa, in Georgia, and it is conducting several preliminary examinations of situations outside Africa. They include Afghanistan, Colombia, Palestine, and alleged crimes attributed to the armed forces of the United Kingdom deployed in Iraq. 

    At the same time, some powerful countries – including China, Russia, and the United States, all permanent UN Security Council members – and their allies have been able to avoid the reach of international justice. They have been able to do that by not joining the ICC and because they have a veto on the UN Security Council, which can refer situations to the court. The organizations encouraged the AU to raise these concerns during its meeting with the UN Security Council.

    The three conditions the AU’s Open-Ended Committee on the ICC set at its April 11 meeting for remaining in the ICC are:

    • Immunity under the ICC’s Rome Statute for sitting heads of state and heads of government and senior government officials;
    • Intervention of the ICC in cases involving African states only after those cases have been submitted to the AU or AU judicial institutions; and
    • Reduction in the powers of the ICC prosecutor.

    Blanket immunity for sitting heads of state has never been available before international criminal courts dealing with crimes under international law. No international tribunal – from the International Military Tribunal at Nuremberg, to the International Criminal Tribunals for the Former Yugoslavia and Rwanda, to the ICC – has allowed immunity on the basis of official position.  

    The AU in 2014 adopted a protocol to give its regional court authority to prosecute grave crimes, also while granting immunity for sitting heads of states and other senior government officials. That protocol, which needs 15 ratifications before coming into force, has yet to be ratified by any country.

    Kenya has played a leading role in mobilizing AU attacks on the ICC since 2013. On September 19, the ICC issued a finding of non-cooperation by Kenya in the now-withdrawn case against Kenyatta to the ICC’s Assembly of States Parties. The charges in the case against William Ruto, Kenya’s deputy president, were vacated for lack of evidence in April. 

    The decision is the first ICC finding of non-cooperation related to the failure of an ICC member country to provide assistance to the prosecution’s investigations. 

    For more on views of independent organizations on backlash against the ICC in Africa, please visit:
    http://www.southernafricalitigationcentre.org/2015/07/02/101-civil-society-organisations-support-salcs-efforts-to-arrest-bashir/
    http://www.icj-kenya.org/index.php/media-centre/press-releases/7-news/647-africa-civil-society-recommendations-to-13-session-of-the-assembly-of-state-parties-to-the-rome-statute 
    https://www.defenddefenders.org/2016/07/african-union-activists-challenge-attacks-on-icc/

    For more information, please contact:
    In Abuja, for LEDAP-Legal Defence & Assistance Project, Chino Edmund Obiagwu (English): +234-0703-000-0014; or +234-012-802-009; or +234-0803-691-3264 (mobile); or obiagwu@ledapnigeria.org
    In Freetown, for Center for Accountability and the Rule of Law-Sierra Leone, Ibrahim Tommy (English): +232-76-365-499; or ibrahim.tommy@gmail.com
    In Johannesburg, for Southern Africa Litigation Centre, Angela Mudukuti (English): +27-767-623-869; orAngelaM@salc.org.za
    In Lilongwe, for Center for Human Rights and Rehabilitation, Timothy Mtambo (English): +265-992-166-191; or mtambot@chrrmw.org
    In Nairobi, for Kenya section of the International Commission of Jurists, Stella Ndirangu (English): +254-7222-336-399; or stella.ndirangu@icj-kenya.org 
    In New York, for Human Rights Watch, Elise Keppler (English): +1-917-687-8576 (mobile); +1-212-216-1249 (office); or kepplee@hrw.org. Twitter: @EliseKeppler
    In New York, for Coalition for the ICC, Steve Lamony (English): +1-646-465-8514; orlamony@coalitionfortheicc.org

    The following organizations that are active in an informal group that promotes support for serious crimes endorsed this news release:
    Affirmative Action Initiative for Women (Nigeria)
    African Center for Justice and Peace Studies (Uganda)
    Africa Legal Aid
    Center for Accountability and Rule of Law – Sierra Leone
    Children Education Society (Tanzania)
    Civil Resource Development and Documentation Centre (Nigeria)
    Coalition for the ICC
    Coalition of Eastern NGOs (Nigeria)
    Federation Internationale des Droits de l’Homme (FIDH)
    Foundation for Human Rights Initiative (Uganda)
    Ghana Center for Democratic Development 
    DefendDefenders-East and Horn of Africa Human Rights Defenders Network
    Human Rights Watch
    International Crime in Africa Program, Institute for Security Studies 
    International Commission of Jurists (Geneva/Johannesburg)
    International Commission of Jurists-Kenya
    Kenya Human Rights Commission
    Kenyans for Peace with Truth and Justice
    Legal Defense and Assistance Project (Nigeria)
    Malawi Center for Human Rights and Rehabilitation 
    Kenya Human Rights Commission
    NamRights (Namibia)
    Nigerian Coalition for the International Criminal Court
    Rights and Rice Foundation of Liberia
    Southern Africa Litigation Centre 

     

     

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 23 Sep 2016 12:01:24 +0300
    KURA YANGU SAUTI YANGU PRESS STATEMENT ON THE DELIBERATIONS OF THE JOINT SELECT COMMITTEE http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/550-kura-yangu-sauti-yangu-press-statement-on-the-deliberations-of-the-joint-select-committee.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/550-kura-yangu-sauti-yangu-press-statement-on-the-deliberations-of-the-joint-select-committee.html  

    Except for the 2002 General Elections, all elections in Kenya since the first multi-party elections in 1992 have either been violent or so badly managed as to threaten to turn violent. The abiding nature of this instability indicates the problem is institutional and structural rather than managerial and transitory.Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Sat, 20 Aug 2016 01:01:41 +0300
    Petition to the President of the Republic of Kenya to end enforced disappearances and extrajudicial executions by the Police http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/549-petition-to-the-president-of-the-republic-of-kenya-to-end-enforced-disappearances-and-extrajudicial-executions-by-the-police.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/549-petition-to-the-president-of-the-republic-of-kenya-to-end-enforced-disappearances-and-extrajudicial-executions-by-the-police.html His Excellency, Uhuru Kenyatta

    C.G.H. President and

    Commander in Chief of The Defence Forces of The Republic of Kenya

    Harambee House

    Harambee Avenue

    P O Box 62345- 00200

    Nairobi, Kenya                                                                                                                 July 4, 2016

     

    HE Uhuru Kenyatta,

    Petition to the President of the Republic of Kenya to end enforced disappearances and extrajudicial executions by the National Police Service and provide justice for families of the disappeared and murdered

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 08 Jul 2016 19:35:03 +0300
    Petition to the Inspector-General of Police to end enforced disappearances and extrajudicial executions by the National Police Service and provide justice for families of the disappeared and murdered http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/548-petition-to-the-inspector-general-of-police-to-end-enforced-disappearances-and-extrajudicial-executions-by-the-national-police-service-and-provide-justice-for-families-of-the-disappeared-and-murdered.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/548-petition-to-the-inspector-general-of-police-to-end-enforced-disappearances-and-extrajudicial-executions-by-the-national-police-service-and-provide-justice-for-families-of-the-disappeared-and-murdered.html Kenyans have reacted with grief and outrage to the discovery of the bodies of Willie Kimani, Josphat Mwendwa and Joseph Muiruri on July 1, 2016. Their bodies were found in Ol Donyo Sabuk River, a week after their abduction further to an appearance at Mavuko Law Courts. Evidence to date indicates they were all victims of enforced disappearance and extrajudicial executions.

    Josphat Mwendwa was a boda boda rider pursuing a complaint with the Independent Policing Oversight Authority in respect of his having been shot by an Administration Police officer in April 2015. Willie Kimani was a human rights lawyer with the International Justice Mission, working to defend Josphat Mwendwa. Joseph Muiruri was their taxi driver that day.

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 08 Jul 2016 19:26:15 +0300
    Press Release on Killings of Lawyer and Two Men http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/547-press-release-on-killings-of-lawyer-and-two-men.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/547-press-release-on-killings-of-lawyer-and-two-men.html (Nairobi, July 4, 2016) - Kenyan authorities must urgently investigate the killing last week of three men, including a human rights lawyer, and ensure that those found responsible are held to account in fair trials, 29 Kenyan and international human rights organizations said today.  Human rights activists will today hold demonstrations in Nairobi and other parts of Kenya today to protest the heinous killings. 

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 08 Jul 2016 19:18:55 +0300
    Open Letter to Member States of the UN Human Rights Council http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/546-open-letter-to-member-states-of-the-un-human-rights-council.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/546-open-letter-to-member-states-of-the-un-human-rights-council.html Your Excellency,
    We, the undersigned 244 civil society organizations, spanning across all regions of the world, call on your delegation to stand in solidarity with civil society by supporting the draft resolution on the protection of civil society space, to be considered for adoption at the 32nd session of the Human Rights Council (on 30 June or 1 July). We urge you to cosponsor the draft resolution, reject all amendments, and vote in favour of the resolution if a vote is called.
     
    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 01 Jul 2016 17:43:04 +0300
    Open Letter to The President of The Republic of Kenya on The Enactment of the National Coroners Service bill, 2015 and the Prevention of Torture Bill, 2014. http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/545-open-letter-to-the-president-of-the-republic-of-kenya-on-enactment-of-the-national-coroners-service-bill-2015-and-the-prevention-of-torture-bill-2014.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/545-open-letter-to-the-president-of-the-republic-of-kenya-on-enactment-of-the-national-coroners-service-bill-2015-and-the-prevention-of-torture-bill-2014.html Your Excellency,
    We (The Police Reform Working Group) are deeply concerned by the delayed enactment of the Protection against Torture Bill 2014 and the National Coroners Service Bill 2015
    The Police reform working group in Kenya (PRWG-K), is Civil Society and Citizen Coalition convened by Independent Medico-Legal Unit (IMLU) in November 2011 to catalyse and support police and security sector reforms in Kenya. The PRWG-K brings together like-minded organizations which strive to reform police service in the country.
     
    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Thu, 30 Jun 2016 22:12:40 +0300
    Enforced Disappearance of Willie Kimani, a Human Rights Defender together With Josephat Mwenda and Joseph Muiruri http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/544-enforced-disappearance-of-willie-kimani-a-human-rights-defender-together-with-josephat-mwenda-and-joseph-muiruri.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/544-enforced-disappearance-of-willie-kimani-a-human-rights-defender-together-with-josephat-mwenda-and-joseph-muiruri.html We the undersigned organizations call for the immediate release of Willie Kimani, a human rights defender/lawyer, and his two associates, Josphat Mwenda and Joseph Muiruri, who were abducted by the Administration Police (AP) on 23rd June 2016. The three were abducted as they left the Mavoko Law Courts in Machakos County shortly before 12:00 pm. Willie, who works for the International Justice Mission (IJM), was in court together with IJM client Josephat Mwenda, a 24 year old father of one who before the 10th April 2015, plied his trade as a Boda boda (motor cycle) rider. This is the culmination of numerous blatant attempts to intimidate Josphat to withdraw a complaint lodged with the Independent Police Oversight Authority (IPOA) against a senior Administration Police (AP) officer stationed at Syokimau AP Camp.

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 29 Jun 2016 16:30:08 +0300
    Kura Yangu Sauti Yangu Letter on Moses Kuria's Inflammatory remarks. http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/542-letter-on-moses-kuria.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/542-letter-on-moses-kuria.html Kura Yangu, Sauti Yangu brings to your attention the recent inflammatory remarks made by the Member of Parliament of Gatundu South, Hon. Moses Kuria, during a function at the Safaricom stadium on 12th June, 2016.Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 15 Jun 2016 15:29:57 +0300
    French Embassy Protest Letter http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/541-french-embassy-protest-letter.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/541-french-embassy-protest-letter.html We write to express our displeasure following unjustified  cancellation of our  town hall debate that was scheduled to be held at Alliance Française Nairobi on 26th May,2016.Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 15 Jun 2016 15:20:13 +0300
    Kura Yangu Sauti Yangu letter on the Joint parliamentary select committe on IEBC Crisis http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/540-kura-yangu-sauti-yangu-letter-on-the-joint-parliamentary-select-committe-on-iebc-crisis.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/540-kura-yangu-sauti-yangu-letter-on-the-joint-parliamentary-select-committe-on-iebc-crisis.html We welcome the announcement by the jubilee Coalition that it is willing to institute a process of national dialogue to resolve issues surrounding the IEBC ahead of the next elections. However, we have a number of concerns and proposal to make.

    Read more

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 15 Jun 2016 13:28:48 +0300
    Kura Yangu, Sauti Yangu Statement on the Moses Kuria’s Inflammatory Remarks http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/539-kura-yangu-sauti-yangu-statement-on-the-moses-kuria-s-inflammatory-remarks.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/539-kura-yangu-sauti-yangu-statement-on-the-moses-kuria-s-inflammatory-remarks.html Kura Yangu ,Sauti Yangu  is a citizen movement spearheaded by a number of like-minded civil society organizations (Kenya Human Rights Commission, Independent Medico-Legal Unit, Constitution and Reforms Education Consortium, Inform Action, the Africa Centre for Open Governance,  the Civil Society Organization Reference Group, Inuka Trust, Katiba Institute, and the Kenyan Section for International Commission of Jurists) who have come together to proactively support Kenya’s preparations for the 2017 elections with a view to ensuring that the country minimizes the risks related to dysfunctional electoral systems and practices which the country has experienced in the recent past

    Read More

     

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Tue, 14 Jun 2016 21:15:18 +0300
    Kura Yangu Sauti Yangu statement on the joint parliamentary select committee to resolve the IEBC crisis http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/538-kura-yangu-sauti-yangu-statement-on-the-joint-parliamentary-select-committee-to-resolve-the-iebc-crisis.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/538-kura-yangu-sauti-yangu-statement-on-the-joint-parliamentary-select-committee-to-resolve-the-iebc-crisis.html Kura Yangu ,Sauti Yangu  is a citizen movement spearheaded by a number of like-minded civil society organizations (Kenya Human Rights Commision, Independent Medico-Legal Unit, Constitution and Reforms Education Consortium, the Africa Centre for Open Governance,  the Civil Society Organization Reference Group, Inuka Trust, Katiba Institute,  and the Kenyan Section for International Commission of Jurists) who have come together to proactively support Kenya’s preparations for the 2017 elections with a view to ensuring that the country minimizes the risks related to dysfunctional electoral systems and practices which the country has experienced in the recent past.

    Read More

     

     

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Fri, 10 Jun 2016 19:43:43 +0300
    Kura Yangu, Sauti Yangu Press Statement on the National Dialogue on the 2017 Elections http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/537-kura-yangu-sauti-yangu-press-statement-on-the-national-dialogue-on-the-2017-elections.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/537-kura-yangu-sauti-yangu-press-statement-on-the-national-dialogue-on-the-2017-elections.html Kura Yangu ,Sauti Yangu  is a citizen movement spearheaded by a number of like-minded civil society organizations (Kenya Human Rights Commision, Independent Medico-Legal Unit, Constitution and Reforms Education Consortium, the Africa Centre for Open Governance,  the Civil Society Organization Reference Group, Inuka Trust, Katiba Institute, Freedom House,  and the Kenyan Section for International Commission of Jurists) who have come together to proactively support Kenya’s preparations for the 2017 elections with a view to ensuring that the country minimizes the risks related to dysfunctional electoral systems and practices which the country has experienced in the recent elections.

    Read More

     

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Wed, 08 Jun 2016 20:57:13 +0300
    High Court Rules on the Kenya Human Rights Commission Petition on deregistration http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/536-high-court-rules-on-the-kenya-human-rights-commission-petition-on-deregistration.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/536-high-court-rules-on-the-kenya-human-rights-commission-petition-on-deregistration.html The High Court delivered judgment in a petition by the Kenya Human Rights Commission (KHRC) challenging the decision of the Non-GovernmentaOrganizations Coordination Board (NGO Board) which threatened to cancel the registration certificate and freeze the accounts for the organization.

    Justice Louis Onguto found that the failure by the NGO board to give the KHRC a hearing before arriving at a decision to cancel its registration was a violation of the constitutional right Justice Onguto further stated that this was compounded by the fact that the NGO board failed to furnish written reasons to the Kenya Human Rights Commission when the organization repeatedly wrote asking for such reasons.

    Read More

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 27 May 2016 13:57:36 +0300
    Judgement on the KHRC - Non Governmental Organizations Coordination Board http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/535-judgement-on-the-khrc-ngo-coordination-board.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/535-judgement-on-the-khrc-ngo-coordination-board.html Judgement on KHRC-NGO Coordination Board

    Read More

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 27 May 2016 13:50:09 +0300
    Judgement on Kenya Human Rights Commission- Non Governmental Organizations board http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/534-judgement-on-kenya-human-rights-commission-non-governmental-organizations-board.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/534-judgement-on-kenya-human-rights-commission-non-governmental-organizations-board.html Judgement on Kenya Human Rights Commission- Non Governmental Organizations board

    images/docs/JudgementontheKHRC-NGOBoardCase.pdf

    ]]>
    mmedi@khrc.or.ke (Medika Medi) ROOT Fri, 27 May 2016 13:05:57 +0300
    Press Release: Kura Yangu Sauti Yangu Launch http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/530-press-release-kura-yangu-sauti-yangu-launch.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/530-press-release-kura-yangu-sauti-yangu-launch.html A coalition of  like-minded civil society organizations, who have come together to proactively support Kenya’s preparations for the 2017 elections with a view to ensuring that the country minimizes the risks related to dysfunctional electoral competition which the country has experienced in the recent elections, launched a citizen initiative dubbed Kura Yangu Sauti Yangu.

    Read More

     

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Sun, 15 May 2016 20:16:54 +0300
    Bringing back the cane: The conduct of police in the recent protests by University of Nairobi students http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/529-bringing-back-the-cane-the-conduct-of-police-in-the-recent-protests-by-university-of-nairobi-students.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/529-bringing-back-the-cane-the-conduct-of-police-in-the-recent-protests-by-university-of-nairobi-students.html  Members of the Police Reforms Working Group strongly condemn the unlawful and excessive use of force and brutality exhibited against students by the GSU wing of the National Police Service of Kenya on Monday the 4th of April 2016 at the precincts of University of Nairobi.

    Read More

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Fri, 08 Apr 2016 15:29:58 +0300
    Kenya : Termination of Ruto and Sang case at the ICC: Witness tampering means impunity prevails over justice again http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/528-kenya-termination-of-ruto-and-sang-case-at-the-icc-witness-tampering-means-impunity-prevkenya-termination-of-ruto-and-sang-case-at-the-icc-witness-tampering-means-impunity-prevails-over-justice-again.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/528-kenya-termination-of-ruto-and-sang-case-at-the-icc-witness-tampering-means-impunity-prevkenya-termination-of-ruto-and-sang-case-at-the-icc-witness-tampering-means-impunity-prevails-over-justice-again.html Nairobi, Paris, The Hague, 5 April 2016 - Judges at the International Criminal Court (ICC) have determined  that the evidence is not sufficient enough to lead to the conviction of Kenyan Deputy President William Ruto and Joseph arap Sang. They have therefore decided to terminate this case relating to crimes against humanity allegedly committed in Kenya in 2007-2008, specifying that this does not preclude new prosecution in the future. FIDH and KHRC deeply regret this decision and note that this is the third case relating to the post-election violence in Kenya which has failed while being permeated with alleged systematic tampering with witnesses.

    “We deplore that the unprecedented interference with important prosecution witnesses played a significant role in the lack of sufficient evidence presented to support the charges against the accused. The persisting impunity in Kenya prevails over accountability and continuously fails the victims of the atrocities committed during the post-election violence,”  stated Karim Lahidji, FIDH President.

                                Credit : ICC - Sang (left) and Ruto (right) before the ICC

    Mr Ruto and Mr Sang were accused of crimes against humanity (murder, deportation or forcible transfer of population and persecution) allegedly committed in Kenya in the context of the 2007-2008 post-election violence which resulted in at least 1133 deaths, 900 cases of sexual and gender based violence, 663,921 displaced persons, numerous victims of grievous harm and destruction of property.

    The decision follows the judgment of the Appeals Chamber which reversed the previous ruling of the Trial Chamber that had allowed as evidence, the use of initial testimonies of witnesses, who later either changed their statements or refused to cooperate. This was on the basis of the amended Rule 68 of the Rules on Evidence and Procedure. The Appeals Chamber held that given that the Rule was amended only after the case began, it was applied retroactively and to the detriment of the accused since it would admit incriminatory evidence against the accused. The reason why the Prosecutor sought to admit the testimonies was that a number of witnesses, after giving their initial testimony, stopped cooperating due to threats, intimidation, bribery or fear of reprisals. Social media and blogs have also been used to expose the identities of the prosecution witnesses.

    “The systematic witness tampering and intimidation experienced in the Kenya cases has denied thousands of victims of the post-election violence the justice they rightfully deserve. This is even more deplorable in light of the fact that victims of these atrocities have not obtained any adequate redress at the national level but have instead been subjected to a series of broken promises,” stated Andrew Songa, Programme Manager at the KHRC.

    The ICC issued two arrest warrants, in 2013 and 2015, against three Kenyans, on charges of witness tampering in the case against Ruto and Sang. The Trial Chamber has identified an “element of systematicity” in the interference of several witnesses, suggesting that they were methodically targeted in order to hamper the proceedings. In addition, a person whom the Ruto defence claimed to be a defence witness was murdered in early 2015. The outcome of investigations into his death have not yet been made public.

    Systematic witness tampering led to the Prosecution's decision to withdraw charges against two other accused charged with crimes against humanity in the context of the post-election violence in Kenya- Kenyan President Uhuru Kenyatta and Secretary to the Cabinet Francis Muthaura. The Prosecutor stated that the concerted and wide-ranging efforts to harass, intimidate and threaten witnesses caused key witnesses to withdraw or change their testimonies, and several people who may have provided important evidence were too terrified to testify.

    Background

    For more information on the situation in Kenya and evolution of the cases, see the FIDH-KHRC timeline: Kenya Cases at the ICC: Understanding Rule 68 Controversy through 15 Dates.

    For more information on Rule 68 of the Rules on Evidence and Procedures see: FIDH-KHRC Q&A on ’Rule 68’ and Witness Tampering

    On the 'no case to answer' motion:

    There is no explicit provision setting out the applicable legal standard for a 'no case to answer’ motion before the Court. A 'no case to answer' motion pleads that there has been insufficient evidence, or 'no case', presented which could reasonably support a conviction.

    The primary rationale underpinning the hearing of a 'no case to answer' motion - or, in effect, a motion for a judgment of (partial) acquittal - is the principle that an accused should not be called upon to answer a charge when the evidence presented by the Prosecution is substantively insufficient to engage the need for the defence to mount a defence case.

    The ICC Trial Chamber made a distinction between the determination to be made at the halfway point of a trial, such as a “no case to answer” motion, and a decision on the guilt or innocence of the accused at the end of the case. “Whereas the latter test is whether there is evidence which satisfies the Chamber beyond a reasonable doubt of the guilt of the accused, the Chamber recalls that the objective of the ‘no case to answer’ assessment is to ascertain whether the prosecution has lead sufficient evidence to necessitate a defense case, failing which the accused is to be acquitted on one or more of the counts before commencing that stage of the trial.

    - END -

    Press contacts:

    Arthur Manet (French, English, Spanish), Tel: +33 6 72 28 42 94 (Paris) - press@fidh.org
    Audrey Couprie (French, English, German), Tel: +33 6 48 05 91 57 (Paris) - press@fidh.org

    Andrew Songa (English), Tel: +254-20 2044545 (Kenya) -Asonga@khrc.or.ke

     

     

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Thu, 07 Apr 2016 15:49:17 +0300
    INCLO Report- Lethal in Disguise: The Health Consequences of Crowd Control Weapons http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/523-inclo-report-lethal-in-disguise-the-health-consequences-of-crowd-control-weapons.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/523-inclo-report-lethal-in-disguise-the-health-consequences-of-crowd-control-weapons.html

    March 9, 2016 – Geneva, Switzerland

     

    Over the past number of years, law enforcement and security forces have increasingly turned to the use of crowd-control weapons (CCWs) to respond to popular protests. Today, the International Network of Civil Liberties Organizations (INCLO) and Physicians for Human Rights (PHR) release "Lethal in Disguise: The Health Consequences of Crowd-Control Weapons", a report documenting the health effects of these weapons. The report focuses on the dangers of so-called “less lethal weapons”, particularly when used to control or manage assemblies. It is unique in its format of linking medical literature and data on weapons’ health effects with case studies highlighting their human toll.

     

    The report was launched at the United Nations in Geneva on the occasion of the presentation of a joint report on the proper management of assemblies, prepared by the Special Rapporteur on the rights to freedom of peaceful assembly and of association, Maina Kiai, and the Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns. The Special Rapporteurs’ report was presented to the 31st session of the Human Rights Council.

    Lethal in Disguise underscores the very real dangers of CCWs, documenting cases of death, disability, and serious injury that occur when weapons are used inappropriately and, in the case of protests, often indiscriminately. In addition to summarizing a critical mass of medical literature on the effects of these weapons, it includes case studies from Argentina, Canada, Egypt, England, Hungary, Israel, Kenya, South Africa, and the United States.

    INCLO is a network of independent, national human rights organizations working to promote fundamental rights and freedoms. The INCLO member organizations that participated in the report are: the American Civil Liberties Union (ACLU), the Association for Civil Rights in Israel (ACRI), the Canadian Civil Liberties Association (CCLA), Centro de Estudios Legales y Sociales (CELS) in Argentina, the Egyptian Initiative for Personal Rights (EIPR), the Hungarian Civil Liberties Union (HCLU), the Human Rights Law Network (HRLN) in India, the Irish Council for Civil Liberties (ICCL), the Kenya Human Rights Commission (KHRC), and the Legal Resources Centre (LRC) in South Africa.

     

    Lethal In Disguise is currently available here: http://www.khrc.or.ke/publications/113-lethal-in-disguise-health-consequences-of-crowd-control-weapons/file.html

     

    For more information, contact:

    Andrew Songa

    Programme Manager- Transformative Justice

    ASonga@khrc.or.ke

     

     

    ]]>
    CKamatu@khrc.or.ke (Catherine Kamatu) ROOT Wed, 09 Mar 2016 18:02:20 +0300
    Press Statement on the Amendment to Section 30 (3) of the Judicial Service Act 2011 Vide the Statute Law (Miscellaneous Amendment) Act 2015 http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/510-press-statement-on-the-amendment-to-section-30-3-of-the-judicial-service-act-2011-vide-the-statute-law-miscellaneous-amendment-act-2015.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/510-press-statement-on-the-amendment-to-section-30-3-of-the-judicial-service-act-2011-vide-the-statute-law-miscellaneous-amendment-act-2015.html We the undersigned human rights organizations vehemently condemn the amendment to Section 30 (3) of the Judicial Service Act 2011 vide the Statute Law (Miscellaneous Amendment) Act 2015. The amendment deleted subsection (3) of the Act and substituted it with a new section that provides that the Secretary of the Judicial Service Commission (JSC) shall forward the names of 3 qualified persons for each vacant position to the president. The amendment is a blatant violation of the Constitution as it infringes on the independence of the JSC and the Judiciary.

    We wish to remind the nation, why the drafters established the Judicial Service Commission under Article 176. During previous regimes, the judiciary was at the beck and call of the executive as judges were appointed directly by the President. The Judicial Service Commission was established to entrench judicial independence by removing the power of judicial appointments from the executive hands of the President. The Judicial Service Commission is distinct from other Constitutional commissions as it oversees an independent branch of the government.

    Article 166 provides that the President shall appoint the Chief Justice and the Deputy Chief Justice, in accordance with the recommendation of the Judicial Service Commission, and subject to the approval of the National Assembly. The role of appointment therefore vests exclusively within the Judicial Service Commission. The president is only meant to play a ceremonial role of receiving the name from the JSC and forwarding it to parliament. The president is not meant to exercise any discretion, choice, or active role in the appointment process.

    We strongly reiterate that the Constitution of Kenya under Article 1 (3) recognizes the doctrine of separation of powers as a sacrosanct principle of governance. There must be a clear separation of powers between the judicial, executive and legislative arms of the government for purposes of checks and balances. The head of one branch of government cannot exercise direct control in the selection of the head of another branch of government.

    Many Kenyans may wonder, “What is the big fuss? Is there a difference between forwarding one name to the President and forwarding three names?” When one name is forwarded to the President he does not participate in the appointment process. When three names are forwarded to the President and he selects the name to forward to parliament, he becomes the appointing authority. Requiring the JSC to forward three names fundamentally violates the doctrine of separation of powers. It is tantamount to requiring the national assembly to vote for three candidates for the position of speaker so that the president can select the candidate of his choice amongst the three to head the legislature.

    The wounds of the 2007 Post Election Violence are still fresh in our souls and minds. We avoided violence in 2013 because the country had confidence in the Supreme Court. We know that the offices of the Chief Justice and Deputy Chief Justice are about to become vacant. We know that the current President has indicated interest in vying for the 2017 elections. The amended section 30 (3) of the JSC Act gives him powers to actively participate in the appointment of the next Chief Justice and Deputy Chief Justice. In case there is a presidential electoral dispute, it will be difficult to have confidence in a Court whose head will be perceived to be a sympathizer to the incumbent President. Our country may burn again.

    We would like to point out that the amendments raise eyebrows as they were passed when the Chief Justice and Deputy Chief Justice are about to vacate office. This is evidence of mischief as the amendments do not affect the appointments of the other judges of the Supreme Court, Court of Appeal, and the High Court. Moreover the amendments were only introduced on the floor of the House. They were not contained in the Bill that was published on 18th September 2015. This deprived the citizenry of the right to public participation and debate.

    Finally, we firmly denounce the rogue usage of the Statute Law (Miscellaneous) Amendment Act to water down the Constitution. We underscore that the purpose of the Statute Law (Miscellaneous) Amendment Act is to make minor amendments to various statutes. Unfortunately, the current national assembly has converted it into a tool of legislative cheating. The Statute Law (Miscellaneous) Amendment Act is nowadays being used to make legislative changes that amount to a constitutional amendment.

    We therefore demand:  

    1. That Parliament ceases the usage of the Statute Law (Miscellaneous) Amendment Act to water down the Constitution and make substantive amendments to existing laws.
    2. That the Executive respects the doctrine of separation of powers and desists from tampering with judicial independence.
    3. Respect and properly implement Public Participation as envisioned in the Constitution of Kenya 2010 on ALL legislation.

    We further request the court:

    1. To declare the amended Section 30 (3) of the Judicial Service Act void.

    Signed by:

    George Kegoro

    Kenya Human Rights Commission - Executive Director

     

    On behalf of:

    1. Centre for Enhancing Democracy and Good Governance (CEDGG)
    2. Constitution and Reform Education Consortium (CRECO)
    3. Katiba Institute
    4. Kenya Human Rights Commission (KHRC)
    5. Kenyan Section of the International Commission of Jurists (ICJ-Kenya)
    6. Kenyans for Peace with Truth and Justice (KPTJ)
    7. National Civil Society Congress, and others
    ]]>
    kevin@webstar.co.ke (Admin) ROOT Thu, 14 Jan 2016 00:03:27 +0300
    High Court Rejects LSK Mau Mau Claim Against KHRC, Leigh Day & MMWVA http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/509-high-court-rejects-lsk-mau-mau-claim-against-khrc-leigh-day-mmwva.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/509-high-court-rejects-lsk-mau-mau-claim-against-khrc-leigh-day-mmwva.html In a strongly worded judgment the High Court of Kenya in Nairobi struck out a claim brought by the Law Society of Kenya (LSK) against the Kenya Human Rights Commission (KHRC), UK law firm Leigh Day and Maumau War Veterans Association (MMWVA) following the landmark settlement in the Mau Mau litigation.The Law Society of Kenya claimed that Leigh Day, the KHRC and MMWVA should disclose to them the full list of the 5,228 victims who had received compensation from the British Government.

    Read MoreIt was repeatedly explained to the LSK that clients’ names and personal details were confidential and could not be disclosed without their consent.Leigh Day obtained written advice from the Solicitor’s Regulatory Authority in the United Kingdom on the point and disclosed that to the LSK, however, the LSK persisted with the case in Nairobi and applied to the Court to force disclosure.

    In her judgment 26 October 2015 at the Kenya High Court Mrs Justice Aburili ruled that: “I therefore … strike out the plaintiff’s suit against all the defendants for scandalous, misconceived, frivolous, vexatious, and bad in law and an abuse of the court process.”

    Martyn Day, Senior Partner of Leigh Day said “We are pleased that the Kenyan High Court has now dismissed the claim brought by the Law Society of Kenya. We respect the LSK and were always prepared to sit around the table to try and resolve matters amicably with them. However, we were never going to be able to compromise the confidentiality our clients are entitled to. We hope we can now return to a more fruitful and cooperative relationship in the future.”

    Davis Malombe, Deputy Executive Director of the KHRC said “We are delighted that Justice Aburili has dismissed this case at the earliest possible opportunity. Had the Law Society of Kenya met with us to allow us to clarify the position they would not have wasted precious time and resources on this case.”

    Background

    In 2013 Leigh Day, the Kenya Human Rights Commission and Maumau War Veterans Association settled a landmark case on behalf of 5,228 Kenyans who were victims of grave acts of torture at the hands of British officials during the Kenya Emergency in the 1950s and 1960s.

    The claimants each suffered unspeakable acts of brutality, including castrations and severe sexual assaults.

    The legal battle in the United Kingdom against the British Government took four years to resolve and involved two lengthy court hearings, both of which the claimants won against the Government lawyers.

    In 2015 the British Government unveiled a memorial in Uhuru Park Nairobi to the victims of colonial era torture, as part of the historic settlement.

    icon Press Release - HIGH COURT REJECTS LSK MAU MAU CLAIM AGAINST KHRC, LEIGH DAY & MMWVA.]]>
    kevin@webstar.co.ke (Admin) ROOT Thu, 03 Dec 2015 00:38:08 +0300
    Suspended de-registration of 970 Public Benefits Organisations http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/508-suspended-de-registration-of-970-public-benefits-organisations.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/508-suspended-de-registration-of-970-public-benefits-organisations.html A statement by the Civil Society Organizations (CSO) Reference Group on welcoming the policy decision by Devolution Secretary Anne Waiguru to overrule the NGO Coordination Board.

    Suspended de-registration of 970 Public Benefits Organisations (409.43 kB)

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Fri, 06 Nov 2015 20:57:52 +0300
    Statement by the Kenya Human Rights Commission (KHRC) and the Kenyan Section of the International Commission of Jurists http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/507-statement-by-the-kenya-human-rights-commission-khrc-and-the-kenyan-section-of-the-international-commission-of-jurists.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/507-statement-by-the-kenya-human-rights-commission-khrc-and-the-kenyan-section-of-the-international-commission-of-jurists.html The Kenya Human Rights Commission (KHRC) and the Kenyan Section of International Commission of Jurists (ICJ Kenya) has asked the African Commission on Human and Peoples’ Rights to urge the Kenyan Government to, “Cease arbitrary deregistration, barriers to registration and operation of non-governmental organizations and all organized civic groups in a free and democratic society”.

    The organizations said it was important for the Kenyan government to appreciate the interrelatedness of civil and political rights and economic, social and cultural rights.

    They made the statement endorsed by the Independent Medico Legal Unit and the Refugee Consortium of Kenya in the ongoing   57th Ordinary session of the African Commission on Human and People’s Rights in Gambia.

    57TH ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLE’S RIGHTS

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Fri, 06 Nov 2015 01:16:05 +0300
    EXPRESSION OF INTEREST FOR CONSULTANCY SERVICES TO CONDUCT AN EVALUATION OF THE KHRC RESOURCE CENTER http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/487-expression-of-interest-for-consultancy-services-to-conduct-an-evaluation-of-the-khrc-resource-center.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/487-expression-of-interest-for-consultancy-services-to-conduct-an-evaluation-of-the-khrc-resource-center.html CONSULTANCY TO CONDUCT AN EVALUATION OF THE KENYA HUMAN RIGHTS COMMISSION RESOURCE CENTRE

    INTRODUCTION

    The Kenya Human Rights Commission (KHRC) is a non-governmental organization which was founded in 1992 and registered in Kenya in 1994 with a mandate to entrench human rights and democratic values in the society. The KHRC envisions a human rights states and society and outlines its mission as to foster human rights, democratic values, human dignity and social justice. This mission and vision are driven by the goal of enhancing human rights centered governance at all levels from community to international levels. KHRC works at community level with human rights network (HURINETs) across Kenya and links community, national and International human rights concerns.

    The KHRC has a resource center whose main objective is to assist in the overall vision and mission. Its role is to select, acquire, organize, process, maintain and disseminate information resources mainly of human rights nature to support the work of the organization. KHRC extends its resource centre information services to the public being one of the components of the Institutional Development and Sustainability programme that ensures that the KHRC is recognized as a well- established and accountable reference point in human rights. For this resource to contribute effectively in delivering this output, an evaluation of the centre is critical guided by the following strategic objective;

    • A well-resourced and self-sustaining KHRC that delivers on its mandate.

    Objective of the Assignment:

    To carry out an evaluation of the KHRC resource center with the aim of determining its efficiency and efficacy in serving users.

    The specific evaluation objectives therefore are to:

    • Assess the current services of the resource centre in view of its place in the current global information environment;
    • Provide the resource centre with a strategic focus for the expansion of documentation, and the quality of direct services for the target user groups;

    The process in the minimum will give clear direction on the following:

    • Policy framework within which the resource center should operate;
    • Internal operations relating to information resources, such as cataloguing and classification, indexing, etc.;
    • Information services to users;
    • New programmes of service delivery;
    • Possibilities for technological support to services;
    • Alternative possibilities for doing anything;
    • The functioning of the resource centre as a total system

    Qualification and Experience

    KHRC’s Communications department intends to engage a CONSULTANT (Firm/Individual) for the assignment and the following are the required experience, personnel expertise and competencies;

    • Academic and professional qualifications should be in the area of Information Science.
    • Demonstrate experience in assignments of similar nature, with clear understanding of library evaluation.
    • Possess qualitative and quantitative research skills including data collection and analysis.
    • Excellent analytical skills.
    • Excellent documentation and writing skills, verified with previously written papers.
    • Availability to meet tight project deadlines.
    • Ability to interact effectively with different groups of people.
    • In-depth understanding of human rights issues especially on access to information.

    Deliverables

    • An inception report that outlines the methodology to be used, and the support expected of the contracting organization;
    • A comprehensive evaluation report that can inform the future functioning of the resource centre as a system.

    Duration of Assignment

    The duration of the assignment is expected to take 21 days from the date of commencement.

     

    How to apply

    The Consultant is expected to submit the following information:

    • A proposed methodology

    • A detailed work plan with timelines

    • Financial proposal indicating the consultancy fee

    • Detailed profile of the applicant, with previous experience

    • A copy of a completed similar assignment

    • Company profile and /or CVs of the consultant.

     

     Contacts:

    Interested consultants (companies and individuals) with relevant experience are invited to submit their expression of interest by close of business on 27th March, 2015 addressed to consultancy@khrc.or.ke. Only shortlisted consultants will be contacted.

    Please indicate “Evaluation of the KHRC Resource Centre” in the subject line.

    Any form of canvassing will lead to automatic disqualification.

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Sat, 07 Mar 2015 01:59:00 +0300
    Finance Officer- Budgets & Grants http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/482-finance-officer-budgets-grants.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/482-finance-officer-budgets-grants.html The Kenya Human Rights Commission (KHRC) is a national Non-Governmental Organization with the Mission of promoting, protecting and enhancing the enjoyment of all human rights by all individuals and groups. To achieve this Mission, our firm belief is that it largely depends on the extent to which human rights practices are adequately rooted in communities. Our approach therefore seeks to promote the culture of self-reliance amongst communities in order to enhance their independence and by extension their human dignity.

    KHRC seeks to recruit a Finance Officer-Budgets & Grants (including supply chain) to support and strengthen our compliance with partnership requirements and our managerial and internal controls.

    Purpose of the Job

    To contribute to the fulfilment of the organization’s Mission and strategic objectives by providing expertise in various aspects of the finance and supply chain functions in line with KHRC’s  policies and procedures and in support of our innovative and groundbreaking work in human rights.

    Key Duties and Responsibilities

    Reporting to the Head of Finance, the position will:

    Manage Donor funds, reporting and donor relations

    • Lead in the preparation of the Commission’s annual budget. Issue of instructions, development of templates, monitoring for completeness, consolidation and presentation.
    • Managing processes of tracking proposals, donor contracts, income recognition, donor reporting & invoicing, tracking donor payables & receivables. Extract on a monthly basis information from donor financing agreements and prepare brief statements on confirmed secured funds and potential funding for management action
    • In compliance with donor requirements, ensure that appropriate financial procedures and standards are implemented and monitored in the organization.
    • Maintain and update regularly a donor reporting schedule and ensure donor reports are prepared and sent at least a week before the due dates.
    • Review donor reports prepared by programme/project staff and ensure compliance to donor requirements in terms of activities undertaken and that they compare with the respective financial outlays
    • Identify budgetary variances and solicit for information on the same for communication to  donors
    • Respond to Donor queries. 
    • Periodically liaise with respective donors to ensure approved funds are disbursed to KHRC bank accounts. 

     

    Prepare Budget and enforce budgetary controls

    • Ensure Operational plan budget input from all staff.
    • Assist to prepare accurate annual budgets and share with all staff for their comments.
    • Present budgets to the management committee for review.
    • Work closely with the Head of Finance in prioritizing & allocating funds in consultation with the ED, DED, and SPOs
    • Identify budgetary variances and solicit for information on the same from budget holders. 
    • Regularly consult with budget holders on budgetary revisions. 

     

    Supply Chain

    • Secretary to the Procurement and Disposal Committee, you will lead the prequalification of all  providers of goods and services to the commission
    • Ensure that Procurement guidelines and laid down procedures are followed to the latter
    • Contacting suppliers to schedule or expedite deliveries, to resolve missed or late deliveries and shortages, tracking the status of requisitions, orders and contracts, and reviewing requisition orders to verify terminology, specifications and accuracy
    • Reviewing and maintaining price lists, reports and purchasing files and that the goods meet the specifications.
    • Maintain relationship with service providers and ensure strict adherence to Service Level Agreements.

    Payroll

    • Responsible for the review of the monthly payroll and prepare the  month to month reconciliation
    • Allocation of staff time on a monthly basis with input from the program staff
    • Full costing, cost classifications & allocations, linkages of staff costs as a cost driver to allocable costs.
    • Understanding, assessing, designing and implementing a sub grantee grants system to ensure timely disbursement & accounting of sub grants

    Treasury Management

    • Review cash position and prepare quarterly cash forecasts with recommendations of investments if funds can allow
    • Banking and collection of funds to and from the bank
    • Sending funds via M-pesa or other facilities to clients

    Petty Cash

    • Manage both KHRC and project petty cash
    • Ensure all petty cash payments are supported by valid documentation.
    • Record all petty cash payments for replenishment.
    • Make quarterly petty cash certificates for approval by the Head, Finance and Administration

     

    Fixed Asset Management 

    • Maintain the Commissions  copier records
    • Maintain a record of equipment in the possession of each staff member.
    • Update and maintain the fixed asset register by assigning reference numbers to all additional items and on re-assignment of assets.
    • Prepare a fixed asset movement schedule on a quarterly basis.
    • Ensure all KHRC assets are adequately insured

     Qualifications, Experience and Skills

    • A Bachelor’s degree in Finance, Accounting, Business Administration or its equivalent from a recognized university;
    • CPA  ( K/Finalist ) or its equivalent;
    • A minimum 4 years of related experience preferably in the  NGO sector;
    • Good practical understanding of management of grants,
    • Good understanding of procurement processes and general guidelines;
    • Working knowledge of Serenic Navigator is an added advantage;
    • Self-motivated, organized, collegial and ability to work well under pressure;
    • Willing to take initiative and work independently with minimal supervision;
    • Ability to resolve conflicts;
    • Ability to maintain confidentiality, tact and discretion when dealing with people.

    Applicants should send a cover letter and attach a detailed C.V. which include current telephone/mobile numbers, names and addresses of three (3) referees and a statement of present and expected gross salary before end of the day, June 21, 2013 to: - vacancies@khrc.or.ke

     

    The KHRC is an equal opportunity employer and will seek to recruit the most qualified person for the job irrespective of race, color, marital status, ethnicity, religion, gender, sexual orientation or nationality. All qualified persons are encouraged to apply.

    Canvassing will automatically lead to disqualification.

    Only successful candidates will be contacted

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Fri, 31 May 2013 00:28:05 +0300
    THE KENYA HUMAN RIGHTS COMMISSION (KHRC) STATEMENT ON THE INTERNATIONAL CRIMINAL COURT AND THE PRESIDENT’S JUDICIAL ‘APPOINTMENTS’ http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/477-the-kenya-human-rights-commission-khrc-statement-on-the-international-criminal-court-and-the-president-s-judicial-appointments.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/477-the-kenya-human-rights-commission-khrc-statement-on-the-international-criminal-court-and-the-president-s-judicial-appointments.html The Kenya Human Rights Commission (KHRC) wishes to register its concern over the politically motivated bid by a section of the Government of Kenya to frustrate the International Criminal Court (ICC) process through the African Union (AU) and the recent unconstitutional attempt to appoint constitutional office holders for the Judiciary. The KHRC relates this subversion of the Constitution and the rule of law to nothing but the Presidential succession expected during the 2012 General Elections

     

    The Politics

     

    Acting upon the unilateral direction of the President, the Vice-President recently visited several African countries to rally support from the AU for a resolution seeking deferral of the Kenyan situation by the United Nations Security Council (UN SC). To bolster this effort and under the guise of complementarity, the President also unilaterally attempted to nominate persons for the positions of Chief Justice, Attorney General, Director of Public Prosecutions and Controller of Budget—crucial for transformation of the justice system in Kenya. The political context, the manner of execution and timing of these events indicate nothing but an attempt to defeat justice and entrench impunity. This is evident from the following facts:

    1. The Vice President is reportedly in an ethnically based, political alliance, the Kalenjin, Kikuyu and Kamba (KKK) Alliance, with two of the ICC suspects (Uhuru Kenyatta and William Ruto). All three have expressed their intentions to stand for the Presidency in the 2012 General Elections. Thwarting the ICC process would enable them to exercise their individual and collective presidential ambitions.
    2. The Party of National Unity (PNU) enlisted the services of supposed civil society organisations (CSOs), including the hitherto unknown Kenya Council for Foreign Relations, allegedly run by the PNU Spokesperson, to make its case for deferral during the AU Summit.
    3. The names of the President’s Judicial nominees are hardly inspiring of confidence in the transformation of the justice system—and, in fact, could be read as trying to ensure that no transformation occurs:
    4. The suitability of Justice Alnashir Visram as Chief Justice is questionable, in the light of his unprecedented judgment on libel in favour of Nicholas Biwott in respect of the production and sale of a book on the murder of Robert Ouko that restricted freedom of expression. His likely appreciation of the Bill of Rights and his capacity to espouse the spirit and letter of the Constitution is doubtful as a result.
    5. The impartiality of Kioko Kilukumi as the Director of Public Prosecutions is questionable, given that he was, until Monday, the defence lawyer for one of the ICC suspects in a fraud case (William Ruto).
    6. The appropriateness of William Kirwa as Controller of Budget is in doubt, given that he is under investigation by the Parliamentary Committee on Agriculture in relation to his tenure at the helm of the Agricultural Development Corporation (ADC).

    The Legal Issues
    On the attempt to defer the Kenyan situation:

    1. Deferral: Article 16 of the Rome Statute allows for deferral of cases before the ICC by the UN SC, where peace and security is threatened. The peace and security of Kenya is not threatened by continued cooperation with the ICC, as per national and international law—unless those who are warning of the same intend to create such a threat.
    2. Complementarity: Article 19 of the Rome Statute stipulates that the ICC would itself defer a case where the State Party concerned is able, willing and has taken credible and tangible steps towards trying cases within its jurisdiction. We note that Parliament has previously blocked two attempts to set up a Special Tribunal to try suspects, in lieu of the ICC. Moreover, the national courts have only prosecuted six cases, returning but a single conviction in respect of the violence of 2007/8. Furthermore, the said cases did not enjoin suspects with the highest responsibility.
    3. Sovereignty: Article 1 of the new Constitution vests sovereign power in the citizenry and decrees that any subsequent guardian of Sovereign power must exercise such power in accordance with the letter and spirit of the Constitution. The Vice President’s mission to convince African States to support the deferral of Kenya’s case at the ICC, without popular approval, is a subversion of the sovereignty of the Kenyan people. Latest opinion polls show that 90 per cent of the Kenyan people support the ICC process.
    4. Abuse of Office and Lack of Accountability: The unilateral decision and subsequent mission by a faction of the Grand Coalition Government to incite African States and the AU into frustrating Kenya’s case at the ICC, without Cabinet deliberation and approval and with unapproved expenditure of taxpayers’ money is a subversion of the sovereignty of the Kenyan people, an unconstitutionality, an illegality and an abuse of office.

    On the supposed judicial ‘appointments’:
    The Constitution at Articles 1, 3, 10, 73, 156, 157, 160, 166 and 228 and Sections 24 and 29 of the 6th Schedule, read together with Chapter 6 on Leadership and Integrity, govern the appointment of holders to the said constitutional offices.

    1. National Values and Principles of Governance: national values, promoting national unity and the rule of law and requiring inclusiveness and public participation in governance, have been breached.
    2. Leadership and Integrity: the unilateral nominations, devoid of public and stakeholder input, have failed to assure Kenyans of objectivity, impartiality and ethical leadership.
    3. Equal Representation: the lack of representation of women in all four nominations has flouted the principle of equality and equity in representation.
    4. Independence of Constitutional Offices: the Constitution asserts the independence of constitutional offices and, accordingly, stipulates the appointment procedures thereof. All current Judges are to be vetted to remain in office. Justice Visram’s nomination as Chief Justice, prior to such vetting, is unconstitutional, as is his nomination without having been advanced by the Judicial Service Commission (JSC). The Vice President in his advertiser’s announcement in today’s newspapers alludes to some irregular procedure that was agreed on by the two principals on 6th January 2011 at Harambee House. In the said announcement the Vice President indicates that a technical team had been selected to identify suitable candidates. This announcement further confirms that the appointments were irregular and that the technical team was set up to subvert the functions of the Judicial Service Commission.
    5. Consultation: the Constitution, read together with the National Accord and Reconciliation Act, requires consultation on nominations between the President and the Prime Minister. The Prime Minister’s disavowal of the four nominations means both the Constitution and the National Accord and Reconciliation Act have been breached. 

    Demands

    1. We demand that the President, the Cabinet and Parliament respect and enforce the Government’s national and international legal obligations in accordance with Article 2 of the Constitution.
    2. We demand that the Government support the establishment of a judicial system premised on competence, integrity and equality and equity in representation, in a manner that respects the due process and rule of law.
    3. We demand that the PNU, the KKK Alliance—including erstwhile members of the Orange Democratic Movement (ODM)—and other proponents of the deferral of the Kenyan case to desist from threatening the public to undermine the ICC process and from exciting ethnic hatred and tensions solely aimed at defeating the ICC process.
    4. We demand that the Government and all politicians cease and desist from threatening and intimidating national institutions and non-state actors which have risen to their calling of assisting in the quest for justice.
    5. We demand to know the names of the private individuals and so-called CSOs who were supported with taxpayers’ monies for politically partisan posturing to attend the AU Summit as well as who authorised their travel and covered their expenses and for those who gave such authorisation to personally refund the Government.
    6. Finally, we demand that the Speaker of the National Assembly and the Parliamentary Committee on Legal Affairs uphold constitutionalism and the rule of law by rejecting the said list of unconstitutionally nominated officers.

    L. Muthoni Wanyeki
    Executive Director
    For
    The Board of Directors

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Thu, 10 Feb 2011 04:54:31 +0300
    PRESS STATEMENT ON COMPLAINTS ABOUT HUMAN RIGHTS VIOLATIONS AT LORETO CONVENT GIRLS’ HIGH SCHOOL, LIMURU http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/476-press-statement-on-complaints-about-human-rights-violations-at-loreto-convent-girls-high-school-limuru.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/476-press-statement-on-complaints-about-human-rights-violations-at-loreto-convent-girls-high-school-limuru.html Following the receipt of complaints by students of Loreto Convent Girls’ High School, Limuru, relating to possible violations of human rights by or with the knowledge of the school’s administration, the Kenya Human Rights Commission (KHRC) and a number of civil society organisations in the child protection sector, namely the Cradle-The Children’s Foundation, Children's Legal Action Network (CLAN) and the Kenya Alliance for the Advancement of Children’s Rights (KAACR), have been trying to ensure the allegations will be investigated and resolved by the relevant authorities.

    We have sought the intervention of the Ministry of Education and the Department of Children’s Services to arbitrate the matter with the school with no real significant results.

     

    Background

    We have received complaints alleging diverse and serious human rights violations arising from administrative actions taken by the school.

    We are informed that on Wednesday May 25, 2011, a Form One student came across a polythene bag containing items and a passport photo within the school compound. She showed it to a school Captain. The Captain showed the bag to two other Captains to obtain their opinion on how to address the matter.

    Another student identified the passport photo as belonging to a Form Two student, who the three Captains called. She confirmed the items were hers and said they were given to her by her mother—who is believed to be a person within the Ministry of Education—for protection.

    The school Housekeeper was then informed and advised the Captains to report the matter to the Deputy Principal. The Deputy Principal referred the matter to the Principal, Mrs Ruinge, who decided to send home the student who had admitted to being the owner of the items.

    The mother of the Form Two student sent home then, allegedly, went to the school and in disregard of laid down administrative and disciplinary procedures, demanded to interrogate the three Captains.

    On the evening of Monday May 30, 2011, the mother verbally assaulted the three Captains, demanded that they write apology letters giving their index numbers, admission numbers and signatures and threatened them with being “thrown behind bars and locked up for life.” Under duress, the three Captains wrote the said apology letters, which were initially taken away by the mother.

    Two of the Captains were then summoned to appear before two representatives of the Board of Governors for disciplinary measures to be taken against them. The Principal said she would deal with the two “appropriately.”

    She suspended them on June 6, 2011. The students reported the matter to the KHRC through their parents, in the course of which other allegations of human rights violations emerged and the KHRC wrote to the Principal seeking re-admission for the students and an investigation into the allegations of human rights violations. She has since refused to readmit one of them until she withdraws the complaint made against the school through the KHRC.

     

    Our Concerns

    We are concerned about the manner in which this issue has been handled by the school’s administration, contrary to the best interest of the children as stipulated in Section 4(2) of the Children’s Act and Article 53(2) of the Constitution. The child’s best interests are of paramount importance in every matter concerning the child and must be a primary consideration in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies.

    In our opinion, the school deviated from this principle by inter alia allowing an external party (the mother) to interfere with administrative and disciplinary procedures at the school. The Principal also failed to carry out investigations into the allegations and did not call in the parents of the two Captains before taking any administrative action.

    Instead, she allegedly allowed a parent into the school to verbally assault and threaten the two Captains in her presence without alerting their parents and advising them to be present. Furthermore, that parent was initially allegedly allowed to take away the apology letters written by the two Captains instead of having them filed in the students’ official records.

    As the Principal, she is expected to act as a custodian of the children placed under her care and must at all times act in the best interest of the children. Her failure to protect the students resulted in exposing them to verbal assault, threats and emotional/mental distress in light of the fact that they are scheduled to sit for their mock and Kenya Certificate of Secondary Education (KCSE) examinations this year.

    As a result of being wrongfully accused and fearing for her future, one of the students was hospitalised.

    We note that:

     

    1. The school’s administration disowned its earlier decision of suspending the student found with the items and instead apportioned all blame to two of the prefects who reported the matter for advice.
    2. The Principal had shirked her responsibility of protecting the two prefects by allowing a parent to verbally assault and threaten them.
    3. It is unclear whether all members of the Board of Governors have been fully briefed on all the matter, meaning that the Board’s capacity to exercise oversight over the Principal is uncertain.
    4. All the students involved in the matter who had been earlier suspended for reporting the matter have been re-admitted except one, whose conditions for re-admission include:
    • Withdrawing the KHRC’s letter of June 6, 2011;
    • Writing apology letters to: a) the school’s administration for indiscipline and incitement; and b) VN (a minor), the student initially suspended;
    • Promising to be of good behaviour henceforth.

    These conditions are unreasonable and could be construed as preventing the student from raising her concerns regarding the Principal’s handling of the matter at hand so as to prevent the resolution of these concerns.

    Our demands

    1. We demand that all suspended students be re-admitted unconditionally forthwith.
    2. The Department of Children’s Services was conducting investigations at the school into the matter at hand and other allegations of human rights violations, including defilement of some students by a teacher other arbitrary suspensions on flimsy grounds. We therefore demand that the findings of these investigations be made public.
    3. We call on the Permanent Sectary, Ministry of Education and all relevant authorities—the Board of Governors, Loreto Convent Limuru Girls’ High School, Cardinal John Njue and the Catholic Archdiocese of Nairobi, and the Secretary, Teachers’ Service Commission (TSC)—to institute investigations into these allegations to establish the truth about them and, if true, to take appropriate action(s) with the persons responsible and ensure policies and procedures are in place/reviewed to prevent any possible recurrence.

     

     

     

    Signed:

    For the KHRC,

    L.Muthoni Wanyeki
    Executive Director
    Kenya Human Rights Commission

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Thu, 21 Jul 2011 03:53:07 +0300
    PRESS STATEMENT ON THE MAU MAU CASE RULING BY KHRC http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/475-press-statement-on-the-mau-mau-case-ruling-by-khrc.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/475-press-statement-on-the-mau-mau-case-ruling-by-khrc.html kevin@webstar.co.ke (Admin) ROOT Fri, 22 Jul 2011 03:49:29 +0300 SUNGUSUNGU: MERCHANTS OF TERROR AND DEATH IN KISII http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/474-sungusungu-merchants-of-terror-and-death-in-kisii.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/474-sungusungu-merchants-of-terror-and-death-in-kisii.html  

    KHRCKNCHR_NCIC

     

    We, the Kenya National Commission on Human Rights, the Kenya Human Rights Commission and the National Cohesion and Integration Commission wish to share with the members of the public the preliminary findings of a joint fact-finding mission on crime and insecurity in Gusiiland.

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Tue, 25 Oct 2011 03:46:08 +0300
    SUPPORT FOR ARREST WARRANT AGAINST PRESIDENT OMAR EL BASHIR http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/473-support-for-arrest-warrant-against-president-omar-el-bashir.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/473-support-for-arrest-warrant-against-president-omar-el-bashir.html  

    PRESS STATEMENT

    SUPPORT FOR ARREST WARRANT AGAINST PRESIDENT OMAR EL BASHIR

    2 December 2011

    Kenyans for Peace with Truth and Justice, a coalition of citizens and organisations working in human rights, governance and legal areas, have come together to congratulate the judiciary for their progressive decision operationalizing the arrest warrant against the President of Sudan Omar el Bashir in Kenya.

     

    We recall; the International Criminal Court issued two warrants of arrest against President Bashir in 2009 and 2010. In line with its international obligation as a state party to the Rome Statute, it was incumbent upon the Kenyan government to declare their intention to arrest President Bashir for alleged crimes of genocide and crimes against humanity in the Darfur region of Sudan when and if he entered Kenya. This obligation stands for as long as Kenya is a signatory to the Rome Statute.

    It was therefore a grave violation of state obligation and a show of disrespect for international treaties for the Kenyan government to invite and host President Bashir in Kenya on 27 August 2010, on a day when Kenyans were celebrating the promulgation of our new Constitution – a manifestation of the rule of law and of justice for all Kenyans.

    The Rome Statute has been domesticated into Kenyan law. It must be noted that treaties are the primary means by which a state acquires obligations in international law. Treaties are voluntary agreements that a state enters into of its own free will. It is assumed that this is done after expert advice by its lawyers and consultations with national constituencies. Once signed and ratified, they are sources of binding obligations. The fundamental principle of international law is that “agreements shall be kept.” Other states have a legitimate expectation that their co-signatories are not ratifying treaties merely to deceive or present themselves in a positive light. It is on this basis that the high court of Kenya is within its rights and indeed its duties in keeping with the International Crimes Act of 2010 to operationalize warrants of arrest on persons who are wanted by the ICC to answer charges of crimes against humanity.

    We laud ICJ-Kenya for championing the cause for the Public, by initiating the application for the warrants of arrest. We also commend Chief Justice Mutunga’s defense of the independence of the judiciary and of individual judges in keeping with the spirit of our new constitution.

    In the same breath, we urge fellow African Governments and IGAD in particular to respect the fact that Kenya is on course towards reforming the judiciary. Through this decision Kenya has now joined a list of countries that fight for international justice such as South Africa, which applied for President Bashir’s arrest warrant long before Uganda which issued public statements on his arrest. This had the effect of dissuading President Bashir from going to these countries. We stress the need for Kenya and Africa to recognize that real peace and security in the region will be sustainable only in an environment of justice and accountability; not of fear and impunity.

    As members of the civil society, we are wary that the conduct of the Government in response to this decision may be an indication of the Government’s unwillingness to co-operate with the ICC with respect to the two Kenyan cases. We remind the Government of its obligation and commitment to co-operate with the ICC in keeping with the strong wishes of the Kenyan public.

    We want to make it clear that what is at stake here is not merely a legal point. We are talking about the faithful implementation of the Constitution. A government that rides roughshod over its international obligations, which it has freely assumed, is a government that will not listen to its own people. A government that has a casual and irresponsible approach to law at the international level, will have a casual and irresponsible approach to law at the national level.

    We therefore urge the Government to respect the judicial decision and desist from attacking the judiciary for carrying out its functions. If dissatisfied by that decision, it should exercise its right of appeal.

    We finally wish to commend the people of Kenya for promulgating a Constitution that allows persons, both institutions and individuals, to fight against human rights violations and ensure that Kenya is not a safe haven for alleged perpetrators of human rights violations.

    End

    Kptj/icj/nov

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Sun, 05 Dec 2010 04:42:19 +0300
    Attempts to Scuttle Devolution http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/472-attempts-to-scuttle-devolution.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/472-attempts-to-scuttle-devolution.html
    Friday, 16 December 2011

    KHRC Executive Director Atsango Chesoni ( centre) flanked by Deputy Executive Director Davis Malombe (left) and Nduta Kweheria , Senior Programme Officer, Economic, Social and Cultural Rights, address journalists during the press conference on devolution

    The Kenya Human Rights Commission (KHRC) is deeply concerned by the ongoing debate, fronted by Hon. Jeremiah Kioni (M.P. Ndaragwa) and supported by some few MPs, who want Kenyans to amend the Constitution of Kenya (2010), through a referendum, to abolish Senate. The proposal to remove Senate lacks merit and is a further attempt to weaken devolution, one of the strongest and most transformative aspects of the Constitution. Further, Kenya must jealously guard against repeating mistakes made after independence; that of numerous constitutional amendments which served to completely emasculate democracy within less than 10 years after independence.

    ]]>
    kevin@webstar.co.ke (Admin) ROOT Sat, 17 Dec 2011 04:37:53 +0300
    PRESS STATEMENT ON THE RETURN OF AMBASSADOR BETHWEL KIPLAGAT TO TJRC http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/471-press-statement-on-the-return-of-ambassador-bethwel-kiplagat-to-tjrc.html http://www.khrc.or.ke/2015-03-04-10-37-01/press-releases/471-press-statement-on-the-return-of-ambassador-bethwel-kiplagat-to-tjrc.html  

    “Man must rise to the heights of being obedient to the unenforceable,”   Martin Luther King.

    We the Kenya Transtional Justice Network (KTJN) are concerned that the embattled former Chairman of the TJRC is seeking to reclaim his position again.  This is happening when the commission, though riddled with many integrity and operational problems is supposed to wind up its work and submit its final report in May 2012.  It is now clear to the general public that Kiplagat is led by personal ambition as opposed to the greater good of the country and especially victims of human rights violations, victims he claims to care about.

    Kiplagat was sworn in as the chair of the TJRC on the 3rd of August 2009.  Immediately after his appointment, victims and human rights defenders under the umbrella of KTJN opposed this appointment and asked him to resign pending an investigation by a tribunal as provided for in the TJRC act.   This was because of his alleged links to issues expected to be investigated by the TJRC including: the Wagalla Massacres; political assassinations (especially the murder of Dr. Robert Ouko) and illegal and irregular allocation of public land (as adversely mentioned in the Ndung’u Report).  

    On 13th April 2010, the rest of the TJRC commissioners petitioned the then Chief Justice Hon Evans Gicheru to form a tribunal to investigate the conduct of Mr Kiplagat. On 12th of October 2010, the human rights organizations in Kenya under KTJN petitioned the same chief justice to set a tribunal to investigate Kiplagat.  In February 2010, the former chairpersons of the Truth Commissions from all over the world urged him to resign. All this time Kiplagat consistently refused to step aside until the chief justice set up a tribunal on the 10th of December 2010.  

    It is worth noting that the government was not interested in the establishment of this tribunal thus unnecessarily delayed the process of establishing the tribunal. And indeed if there were forces seeking to scuttle the TJRC process through his appointment, it would appear that his return demonstrates their tenacity to curtail truth and justice. Could the return and continued intransigence of Kiplagat be evidence of the wider scheme by the forces of impunity to scuttle the transitional justice agenda in this country?

     

    We reiterate our reasons for strongly opposing Kiplagat’s chairmanship in the TJRC:

     

    1. A tribunal was established to investigate Ambassador Kiplagat in December 2010 but did not commence its work until February 2011, a de