NAIROBI, Kenya – The International Commission of Jurists (ICJ) Kenya and Amnesty International Kenya have strongly condemned the arbitrary detention without charge of human rights defenders following the end of the femicide march on December 10, 2024.
In a statement seen by Y News, the organisations stated that their lawyers and those from the Law Society of Kenya, the Independent Medico-Legal Unit, and the Kenya National Commission on Human Rights were in court today, Monday, December 16, 2024, to release five persons, including Amnesty International Kenya Executive Director Irungu Houghton, charged with “unlawful assembly.”.
“Today, advocates of the five accused persons were informed that there was no charge sheet and were unconditionally released. Given the unlawful arrests and brutalisation of several protesters, this was a welcome development,” said the NGOs in a statement.
What happened to the human rights activists while in detention
However, the human rights bodies noted that the accused 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 statement further reads.
On December 10, 2024, International Human Rights Day, a peaceful march was organised to highlight the rise in femicide cases across Kenya.
“It descended into chaos when uniformed and ununiformed 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 December 4, 2024, protest organisers were met with disdain and obstruction,” the NGOs lamented.
According to the organisations, 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 organisers 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 protestors suffered physical injuries, sexual assaults, and harm from rubber bullets and tear gas,” the statement reads.
What are the demands of the ICJ and Amnesty International
The organisations claimed that during the protests, ten individuals were unlawfully detained, with five being charged with taking part in an “unlawful assembly,” while the others were released unconditionally.
Meanwhile, the two organisations now want the Inspector General of Police to overhaul police tactics and prioritise 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.”
They also want the Independent Policing Oversight Authority (IPOA) to 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 publicise its findings immediately.”
Why individual Kenyan police officers are in hot water
The two NGOs have also petitioned the Office of the Director of Public Prosecutions to pursue charges against individual officers implicated in these violations, ensuring superior officers are held accountable for their command failures.
“This backsliding into authoritarian tactics must end. Peaceful protests like the Gen Z and Women’s March demand justice, not state aggression. The weaponisation of the criminal justice system to intimidate and suppress dissent is intolerable.”
Furthermore, the two bodies state that the systematic criminalisation of activism in Kenya cannot and will not be normalised.
“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,” said the two bodies.
