Amnesty International Kenya and Human Rights Watch document the abuses committed by police and other state agents during the 2023 nationwide protests. The opposition, Azimio La Umoja One Kenya Coalition, organized the protests over alleged fraud and malpractices during the 2022 elections and against the high cost of living and tax hikes proposed by President William Ruto’s new administration.
“Unchecked Injustice” is based on 224 interviews with survivors and witnesses to abuses in Nairobi, Kisumu, Machakos, Migori, Nakuru, Kisii, Nyamira, Homa Bay, Siaya, and Makueni counties. The report documents how police used arbitrary and excessive force against protesters between March-July 2023. They shot directly into crowds with lethal weapons and less-lethal “rubber bullets,” fired tear gas into residential areas and schools, and carried out violent and abusive house-to-house operations, beating and shooting residents, killing at least 31 people. The Independent Policing Oversight Authority, which provides civilian oversight of the work of the police in Kenya, recorded that at least 67 were killed during this period.
The report also documents arbitrary arrests, detention, torture and other ill-treatment of people including children under 18, and the long-term health and socio-economic impact of abuses. Amnesty International Kenya and Human Rights Watch call on the Kenyan government to acknowledge, condemn and investigate the killings and use of excessive force by police, and hold to account those credibly implicated in abuses. The government should also introduce credible police reforms.
Key Highlights
- Human Rights Violations
- Violations include the right to life, peaceful assembly, freedom from torture, and human dignity, guaranteed by Kenya’s Constitution and international law.
- Despite credible evidence from witnesses, media, and medical records, no police officers have been prosecuted for these grave violations.
- Root Causes of Protests
- The protests stemmed from the high cost of living and unresolved allegations of electoral malpractice after the 2022 general election.
- The government’s response—hostile rhetoric and violent suppression—escalated tensions, undermining democratic rights.
- Call for Accountability
- The Kenyan government must ensure accountability for police abuses, including impartial investigations, transparent processes, and cooperation with the Independent Policing Oversight Authority (IPOA).
- The report underscores the need for police reforms to address Kenya’s history of impunity and restore public trust.
- Impact on Victims and Survivors
- Victims face lasting consequences, including physical injuries, disabilities, and emotional trauma. Many are unable to access justice due to fear of reprisals or being turned away by police stations.
- Survivors and families demand justice, compensation, and medical support, emphasising that without accountability, peace cannot be sustained.
- International Obligations
- Kenya is bound by the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights to protect and uphold human rights, including peaceful assembly.
- Key Recommendations
- To the President: Establish a Judicial Commission of Inquiry to investigate police violations during the protests and develop strategies to prevent election-related violence.
- To Parliament and Political Leaders: Address the root causes of protests, align economic policies with human rights obligations, and repeal restrictive provisions in the Public Order Act.
- To the National Police Service: Improve training on human rights, regulate the use of less-lethal weapons, and ensure accountability for officers implicated in abuses.
- Urgency for Action
- The lack of accountability emboldens violations. The Kenyan government must act decisively to prevent further abuses, address economic grievances, and ensure that all citizens are treated with dignity and equality.
