THE CLERK, NATIONAL ASSEMBLY,
OFFICE OF THE CLERK,
MAIN PARLIAMENT BUILDING,
P.O BOX 41842-00100, NAIROBI
We, the undersigned, Kenyan and East African civil society organizations and individuals who work on protecting human rights and social justice in Kenya and the region.
DRAW the attention of the National Assembly to the following:
- THAT the Kenyan government has obligations under international human rights law, including obligations relating to the right to liberty of a person, the right to a fair trial and the freedom from torture and other ill-treatment, all of which are in the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights.
- THAT the preamble of the Constitution of Kenya recognises the aspirations of all Kenyans for a government based on essential values of “human rights, equality, freedom, democracy, social justice, and the rule of law and the exercise by the people of Kenya of their sovereign and inalienable right to determine the form of governance of Kenya and having participated fully in the making of this Constitution”.
- Article 1 (1) of the Constitution provides that all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with the Constitution.
- Article 2 (1) of the Constitution pronounces the Supremacy of the Constitution and provides that the Constitution “binds all persons and all State organs at both levels of government.”
- Article 3 of the Constitution obligates every person to respect, uphold and defend the Constitution.
- Article 19 (2) of the Constitution provides that the purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.
- Article 20 (1) of the Constitution, the Bill of Rights applies to all laws and binds all State organs and all persons. Further, under sub-article (2), “Every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom.”
- Article 26 (1) of the Constitution provides that every person has the right to life.
- Article 27 (1) of the Constitution further provides that every person is equal before the law and has the right to equal protection and equal benefit of the law.
THAT the Departmental Committee on Defence, Intelligence and Foreign Relations holds the power to investigate, inquire into, and report on all matters relating to intelligence, foreign relations, diplomatic and consular services, among others.
THAT on 16 November 2024, Dr Kizza Besigye, a Ugandan opposition politician and former presidential candidate for the Forum for Democratic Change (FDC) political party, was abducted in Nairobi, Kenya. He resurfaced on 20 November 2024 when he was arraigned in a military court in Kampala, Uganda, where he was charged alongside FDC member Hajj Obeid Lutale with offences relating to security and unlawful possession of firearms and ammunition. He was remanded to Luzira Maximum Security Prison in Kampala, Uganda, where he continues to be detained.
THAT the abduction and rendition of Kizza Besigye and Hajj Obeid Lutale in Nairobi, Kenya, adds to the growing and worrying trend of transnational repression in Kenya where foreign critics from countries, including Ethiopia, South Sudan, Tanzania, Turkey and Uganda have been abducted in Kenya.
THAT on 31 January 2025, the Supreme Court of Uganda found that trying civilians in courts-martial is unconstitutional and ordered that “all charges or ongoing criminal trials, or pending trials, before the courts-martial involving civilians, must immediately cease and be transferred to the ordinary courts of law with complete jurisdiction.”
THAT even after the 31 January Supreme Court ruling that trying civilians in military courts is unconstitutional, authorities in Uganda failed to immediately release Kizza Besigye, Hajj Obeid Lutale, lawyer Eron Kiiza, a lawyer for the accused who was on 7 January 2025 charged and convicted by the military court for “contempt of court” which is an infringement on their rights to personal liberty and fair trial under Uganda’s Constitution and international human rights law.
THAT the abduction and rendition of Kizza Besigye and Hajj Obeid Lutale blatantly violated international human rights law and the principles of extradition treaties.
THAT on 20 February 2025, Uganda police opened charges for Kizza Besigye, Hajj Obeid Lutale, and Denis Oola with the offences of “TREASON, contrary to section 23(1)(c) of the Penal Code Act, Cap 128” and “MISPRISON OF TREASON, contrary to section 25 of the Penal Code Act, Cap 128.”
THAT on 21 February 2025, Kizza Besigye, Hajj Obeid Lutale, and Denis Oola were arraigned in Nakawa Chief Magistrates Court, in Kampala, a civilian court, where the court ordered that the three be further remanded until 7 March 2025 as investigations go on.
THAT the transfer of Kizza Besigye and Hajj Obeid Lutale to civilian courts is a continuation of a process begun through rendition, which is unlawful under international law, and as such, any trial that follows the transfer amounts to a continuation of an unlawful process.
THAT Kizza Besigye’s health has seriously deteriorated after more than a week on hunger strike to protest his detention and that on 21 February 2025, Kiza Besigye announced to his legal team that he had officially ended the hunger strike because his case had then been moved to a competent civilian court.
THAT efforts have been made to have the matter addressed by national security organs, namely, the Kenya Defence Forces, the National Intelligence Service; and the National Police Service, and they have failed to give satisfactory response.
WHEREOF your humble petitioners pray that:
- THAT the Petition be admitted and considered by the National Assembly.
THAT the National Assembly of the Republic of Kenya through the Departmental Committee on Defence, Intelligence and Foreign Relations:
- Acknowledge that abductions and renditions have been committed in Kenya, potentially constituting crimes under international law, and should be promptly, thoroughly, impartially, and transparently investigated and those suspected of responsibility prosecuted,
- Urgently summon the national security organs to appear before it for the purpose of explaining justice and accountability measures and other measures that have been taken to promptly, thoroughly, impartially, and transparently investigate the reported case of abduction and rendition of Kizza Besigye and Hajj Obeid Lutale,
- Urgently summon the national security organs to appear before it for the purpose of explaining justice and accountability measures and other measures that have been taken to promptly, thoroughly, impartially, and transparently investigate other reported cases of abductions and renditions,
- Within reasonable time, summon the national security organs, to appear before it for the purpose of explaining measures taken to end abductions and renditions in Kenya,
- To commit to take effective measures to end abductions in Kenya and guarantee non-repetition.
THAT, the issues in respect of which this petition is raised are not before any court of law, constitutional or legal body.
PRESENTED BY:
PETITIONERS
ORGANISATIONS/MOVEMENTS:
- Amnesty International
- Centre for Strategic Litigation (CSL)
- Change Tanzania Movement
- East Africa Law Society (EALS)
- Independent Medico-Legal Unit (IMLU)
- International Commission of Jurists (ICJ) – Kenya
- Kenya Human Rights Commission (KHRC)
- Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPU)
- Law Society of Kenya (LSK)
- Pan African Lawyers Union (PALU)
- The She Main Table
- The Students Caucus
INDIVIDUALS:
- Agather Atuhaire
- Andrew Karamagi
- Boniface Mwangi
- Jenerali Ulimwengu
- Willy Mutunga
- Hanifa Adan
- Hussein Khalid
- Kakwenza Rukirabashaija
- Kato Tumusiime
- Kunihira Proscovia
- Lynn Ngugi
- Mwanase Ahmed
- Nerima Wako
- Shakira Wafula
- Stella Nyanzi
CC:
Rt: Hon. Moses Masika Wetangula,
Speaker of the National Assembly,
P.O BOX 41842-00100
Nairobi, Kenya