NAIROBI, Kenya – The African Union (AU) is concerned about the current situation in the country as some Kenyans prepare to protest against the proposed Finance Bill 2024 Thursday morning.
Kenya is an East African country regarded as the regional economic hub.
However, most of the demonstrators fear that the Bill’s addition of new taxes and hikes on various goods and services will considerably increase their already high cost of living.
The African Commission on Human and Peoples’ Rights (the Commission), acting through Commissioner Solomon Ayele Dersso, the country’s rapporteur on human rights in Kenya, said in a statement that it was monitoring events concerning the proposed tax law in the country with worry.
In the statement seen by Y News, the Commission said it had been informed by reports that have reached it that the Kenyan government’s decision to approve a new tax bill has seriously alarmed the populace and sparked large-scale demonstrations.
“The African Commission emphasises that peaceful protest is protected by the African Charter on Human and Peoples’ Rights (African Charter) and expresses concern that the rallies on June 18 resulted in the detention of over 300 people,” the statement reads in part.
What the Kenyan gov’t ought to have done
According to the African Commission, the Kenyan government, when adopting such measures that would directly affect the socio-economic well-being of citizens, most notably the most vulnerable sections of society, is a pre-requisite that affected people are adequately consulted, and their concerns are adequately addressed to ensure that such measures comply with the African Charter.
“The effort to address budgetary constraints and enhance macro-economic stability through revenue generation needs to be balanced with the need to protect people, particularly the most vulnerable including the less well members of society, from being deprived of the basic minimum socio-economic protection if such measures are to stand the test of proportionality under the African Charter,” the statement further reads.
The African Commission also expressed deep concern regarding the provision within the Finance Bill that seeks to remove section 51 of the Data Protection Act and allow the Kenya Revenue Authority (KRA) to have unfettered access to individuals’ financial records without a warrant or prior notice.
“Such measures set a dangerous precedent for government overreach and undermine the fundamental principles of privacy and civil liberties critical for ensuring the protection of civil and political and socio-economic rights under the African Charter,” AU said.
The steps AU wants the Kenyan gov’t to adopt
Meanwhile, the Commission calls upon the Kenyan government to take the following actions:
-Engage in constructive and inclusive dialogue, explore alternative measures, respect the right to peaceful protest, release those arrested for peaceful protests, and ensure respect for personal data protection.
“The Commission emphasises that the well-being of ordinary citizens must be at the forefront of any economic policy. The Commission stands in solidarity with the people and the Kenyan government in their pursuit of social justice and urges the government to take immediate and effective steps to address the pressing issues arising from the recent tax measures and the threat they pose to the socio-economic well-being and the right of citizens to privacy,” the statement signed by Dersso, the Country Rapporteur on Human Rights in Kenya further reads.
