On 16 December 2024, Lawyers from the Kenyan Section of the International Commission of Jurists (ICJ Kenya), Amnesty
International Kenya, The Law Society of Kenya, the Independent Medico-Legal Unit and the Kenya National Commission on
Human Rights were in court today to release five persons including Amnesty International Kenya Executive Director Irungu
Houghton charged with “Unlawful Assembly”.
On 10th December 2024- The International Human Rights Day, a peaceful march was organized to highlight the rise in
femicide cases across Kenya. It descended into chaos when uniformed and non-uniformed officers of the National Police
Service chose violence over engagement. Despite fulfilling all legal requirements, including submitting a notification to the
Office of the Regional Police Commander on 4 December 2024, protest organizers were met with disdain and obstruction.
Today, advocates for the five accused persons were informed that there was no charge sheet and were unconditionally
released. Given the unlawful arrests and brutalization of several protesters, this was a welcome development. We however
note that persons were assaulted, deprived of liberty, arrested and bonded to appear in court. The practice of holding
persons without charging them has been abused in a bid to harass, intimidate and threaten human rights defenders.
The use of tear gas, arbitrary detentions, and brutal force against peaceful demonstrators exercising their constitutional
and human rights is abhorrent and unacceptable. Attempts by organizers to de-escalate the situation on the morning of
the protest were dismissed outright, reflecting a deliberate disregard for lawful and constructive dialogue. As a result, eight
protesters suffered physical injuries, sexual assaults, and harm from rubber bullets and tear gas. Ten individuals were
unlawfully detained, with five being charged with taking part in an “unlawful assembly,” while the others were released
unconditionally. We make the following demands:
- The Inspector General of Police must overhaul police tactics and prioritize peaceful engagement with
protestors. It must be unequivocally reaffirmed that reasonable three-day notice, once given, is sufficient to enable Kenyans
to exercise their rights under the law. - The Independent Policing Oversight Authority (IPOA) must urgently investigate the conduct of police officers
who are flagrantly and repeatedly flouting the law by operating in plainclothes without identification. Law enforcement must
uphold constitutional rights, not enforce repression. - The Internal Affairs Unit (IAU) must expedite its investigations into the officers involved and publicize its findings
without delay. - The Office of the Director of Public Prosecutions must pursue charges against individual officers implicated in
these violations, ensuring superior officers are held accountable for their command failures.
Kenya’s Constitution guarantees the right to peaceful assembly, demonstration, and picketing under Article 37, as well as
freedom of expression under Article 33. These rights are further protected by international obligations, including Article
21 of the International Covenant on Civil and Political Rights (ICCPR) and Article 11 of the African Charter on
Human and Peoples’ Rights. The blatant violation of these protections, despite repeated judicial condemnations of such
conduct, signals a shameful erosion of the rule of law.
Courts have unequivocally declared the use of excessive force in protests unconstitutional and illegal. Yet law enforcement
continues to act with impunity, undermining Kenya’s democratic values and tarnishing its reputation on the international
stage. That violence was deployed against citizens advocating for an end to femicide—a heinous crime that devastates
countless families and communities—is a gross indictment of the state’s indifference to and human rights.
This backsliding into authoritarian tactics must end. Peaceful protests such as the Gen Z demonstrations and now the
Women’s March demand justice, not state aggression. The weaponization of the criminal justice system to intimidate and
suppress dissent is intolerable. The systematic criminalization of activism in Kenya cannot and will not be normalized. The
voices of Kenyan women demanding accountability for femicide deserve respect, not violence. These brave citizens stand
for a Kenya where justice and equality prevail, and they must be supported—not silenced.
We commend the dedication of individual advocates and institutions that continue to champion human rights and justice,
including the public interest litigators, and the Kenya National Commission on Human Rights. We reaffirm our solidarity
with all those who fight for a more just and equal Kenya. The time has come for the state to restore its constitutional and
moral integrity. As a society, we must collectively reject repression, embrace dialogue, and commit to building a future
where the rights and dignity of every Kenyan are upheld. Anything less is a betrayal of our democratic ideals.
Signed:
Protas Saende Faith Mony Odhiambo,
Chairperson, ICJ Kenya President, Law Society of Kenya
Irungu Houghton Wangechi Grace Kahuria
Executive Director, Amnesty International Kenya Executive Director, Independent Medico-Legal Unit