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Written by KHRC    Friday, 06 November 2015 11:57   
Suspended de-registration of 970 Public Benefits Organisations

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)

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Last Updated ( Friday, 06 November 2015 12:00 )
Written by KHRC    Thursday, 05 November 2015 16:16   

African Commission urged to tell Kenya to cease arbitrary deregistration of CSOsAfrican Commission urged to tell Kenya to cease arbitrary deregistration of CSOsThe 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.


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Last Updated ( Thursday, 05 November 2015 16:24 )
Written by KHRC    Thursday, 17 September 2015 14:40   

NAIROBI, 16TH SEPTEMBER 2015 | The Kenya Human Rights Commission (KHRC) is a premier and flagship non-governmental organization with a mandate to entrench human rights-centered governance at all levels. It is on this basis that the KHRC is deeply concerned by the current standoff between the government and the two teachers unions: KNUT and KUPPET over salary increment for teachers.

The two giant unions called the ongoing national teachers’ strike based on the Government’s refusal to effect the Industrial Relations Court order that the Teachers’ Service Commission (TSC) awards a 50-60 percent salary increment to teachers, a decision which the Court of Appeal and Supreme Court upheld. Unless the order is reversed by a higher court, the rule of law demands that the government complies with the current decision. For the refusal by the Government and any actor to implement court decisions sets a bad precedent of abetting anarchy and impunity.

KHRC is concerned that the disruption of learning due to the ongoing teachers’ strike comes at a time when learners should be preparing for the national exams. The strike, now in its third week, has paralyzed learning in public primary and secondary schools; putting the fate of about 12 million learners in limbo, with children in public schools hurting the most. This perpetuates inequality because learning in private schools continues uninterrupted.

The right to basic education for children in Article 53 of the Constitution is an unqualified right, realizable immediately and is not pegged on availability of resources. Further, Kenya being a signatory of the International Covenant on Economic, Social and Cultural Rights (ICESCR), has undertaken under Article 2 (1) of the covenant to deploy maximum available resources for the achievement of Economic, Social and Cultural Rights, education being one of them.

However, a look at the gross misappropriation of tax payers’ money, unnecessary government expenditure, misplaced priorities such as the laptop project, over funding of some ministries such as the security ministry currently supported to the tune of Kshs. 200 billion, grand corruption both at the national and county governments and hefty salaries for and extravagance by State officials is evidence of the government’s unwillingness to deploy maximum available resources for the realization of access to education. Granted, the billions of money lost in tax evasion estimated at KSh.639 billion annually is more than enough to pay the KSh.17 billion that teachers are asking for.

Davis Malombe, Ag. Executive Director at KHRC says: “By delaying to obey the Court order, the Government is condoning a continuing violation of children’s rights under the Constitution.” It is also a blatant contravention of Article 21 of the Constitution that obligates the State and State organs to observe, respect, protect, promote and fulfill rights and freedoms. The excuse of lack of funds by the Government to pay teachers adequately is unjustifiable and unacceptable. Teachers have had to put up with a never ending circus on their salaries for years now. The billions lost in imprudent and irresponsible financial expeditions is more than enough to pay the 17 billion that teachers are asking for.

In view of the foregoing, KHRC demands that:

  1. The TSC immediately pays the increment ordered by the Courts without any further delay;
  2. A return-to work formula is negotiated and agreed on to allow normalcy to return to public schools. The strike MUST END NOW!
  3. The TSC and teachers’ unions engage in open and constructive dialogue towards finding a lasting solution to the never ending teachers’ strikes;
  4. The government MUST zealously guard, respect, promote and protect the right to education. This right is a fundamental right that MUST NOT be compromised for whatever reason.
  5. The Government must pursuant to Article 201 of the Constitution ensure equity, accountability and prudence in the allocation and utilization of public resources.

Kenya is a State governed by the Constitution. The Government, just like any other stakeholder, has an unqualified and uncompromising obligation to uphold the rule of law and respect Court Orders.



Media Inquiries: Audrey Kawire Wabwire | Communications Manager | Kenya Human Rights Commission | This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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Last Updated ( Friday, 18 September 2015 11:32 )
Written by KHRC    Friday, 10 July 2015 16:40   

NAIROBI, JULY, 10,2015/ The Kenya Human Rights Commission (KHRC) is deeply concerned about the systemic intolerance in the country which manifests itself in the form of politically instigated: ethnicity bigotry, repressive tendencies, hate speech, communal and organised violence among others injustices. A case in point is the recent inflammatory speech by Gatundu South Member of Parliament, Hon. Moses Kuria who, reckless and irresponsible in his utterances, has been recorded encouraging youth in his constituency to slash with machetes critics of the national youth service (NYS) project in the constituency. It is more disconcerting that the MP, who is a state officer and who has previously been bonded by a court to keep the peace has remained unapologetic.

Such a hateful conduct is extremely dishorable, untenable and inimical to the provisions of the Constitution of Kenya among other laws and policies. Article 10 on National Values and Principles recognizes and defines what Kenya stands for as a Nation. Though Article 33 of the Constitution of Kenya provides that every person has the right to freedom of expression, this right is however not absolute and cannot be used violate the rights of other persons. More so when its used by elected representatives to incite people violence and advocate for hatred .

Moreover, Section 13 and Section 65 of the National Cohesion and Integration Act 2008 define and prohibit hate speech expressly. The Act defines hate speech as the use of threatening, abusive or insulting words or behavior, the publishing or distribution of any written material, the presenting or directing of a performance and the providing, producing or directing a programme which stirs up ethnic hatred. Section 62 provides that any person who is guilty of hate speech shall be liable on conviction to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding five years, or both.”

The Penal Code prohibits incitement to violence. Section 77(1) provides;
“Any person who does or attempts to do, or makes any preparation to do, or conspires with any person to do any act with a subversive intention, or utters any words with a subversive intention, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years” subversion is defined under Section 77(3) as; supporting, propagating or advocating for any act that is prejudicial to public order and incitement to violence.

It is against this backdrop that KHRC condemns the said utterances of Hon Moses Kuria in Gatundu. The KHRC would like to remind Hon Moses Kuria and all leaders that the freedom of expression, though guaranteed under the Constitution, should not be used to incite for violence and infringe on the rights of others. Chapter 6 of the Constitution which addresses leadership and integrity provides that, authority assigned to a state officer is a public trust which should be exercised in a manner that demonstrates respect for the people and brings honour to the Nation and dignity and integrity to the office.

We would like to applaud the National Cohesion and Integration Commission (NCIC) for condemning this abominable behavior and calling for concerted efforts to have the culprit brought to book. We thank the Office of the Director of Public Prosecution (DPP) for launching an investigation on these unfortunate utterances. We call upon the DPP to undertake due diligence-expedite these investigations and take all necessary measures to ensure that Hon. Moses Kuria faces the full force of law in regards to his gross misconduct.

KHRC would also like to commend the public for their positive outrage which has generated responses from relevant government bodies including action by political parties and Legislators. We would like to encourage the people of Kenya to remain cohesive, vigilant and fearless in demanding for accountability in the use of state resources among other governance process. This will embolden safeguards

to national integration and respect for the rule of law.

Finally, it is our hope that the law shall take its full cause and that this unfortunate incident will no only be a lesson to Hon. Moses Kuria but it will also act as deterrence to other leaders against hate speech and incitement to political violence. For such mediocre conduct and leadership is what almost plunged the country into the blink of precipice during the 2007/2008 political violence.

We are optimistic that Kenyans will continue to question ethnic patronage which is aimed at furthering ethnocentrism. Ethnocentrism and ethnic political mobilizations remains a great barrier to cohesion and integration of the nation. All energies and efforts must be exerted

towards creating a Kenya that is of sound democracy founded on due respect of the law and political consensus to build and promote pluralism .


Signed by Davis Malombe,

Ag. Executive Director




Media bookings contact:

Audrey Kawire Wabwire | Communications Manager | E: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

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Last Updated ( Friday, 10 July 2015 16:51 )
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