NAIROBI, Kenya – At least seven killings, two enforced disappearances, and 132 arbitrary detentions of human rights defenders (HRDs) were recorded in Kenya between 2020 and 2022, signalling what the Kenya National Commission on Human Rights (KNCHR) describes as a worsening climate for activism.
The commission’s new report, Defending the Defenders: An Assessment of the Protection of Human Rights Defenders in Kenya, launched Wednesday in Nairobi, warns that despite constitutional guarantees, HRDs continue to face killings, abductions, judicial harassment, and police abuse.
Four HRDs were killed in 2021 and three in 2022, while enforced disappearances were documented in 2020.
Arbitrary detentions peaked in 2020 with 96 cases before dropping to 36 in 2021.
Although no cases of kidnapping or torture were recorded over the three-year period, KNCHR says the data paints an alarming picture.
Police Misconduct on the Rise
The report highlights a sharp spike in police misconduct against HRDs—from three cases in 2021 to 23 in 2022—underscoring what KNCHR calls “gaps in accountability and protection mechanisms within law enforcement.”
While some indicators of safety appeared to improve, the commission cautioned that this could reflect lapses in monitoring and documentation rather than a real reduction in violations.
“State protection for HRDs is under threat,” the report notes, pointing to persistent mistrust between defenders and government agencies.
Gaps in Legal and Institutional Safeguards
Kenya scored only 36% in KNCHR’s “general framework” assessment for HRD protection, dragged down by the absence of a dedicated protection law, delays in reporting to UN human rights bodies, and a lack of human rights education in schools and security training.
Freedom of opinion and expression scored 72%, aided by constitutional safeguards and the Access to Information Act, though most censorship cases never result in legal action.
Freedom of assembly and association averaged 51%, undermined by police misuse of the Public Order Act.
KNCHR commended Kenya’s peaceful 2022 elections and relatively strong performance in public participation, but warned that structural gaps in the law continue to undermine defenders’ safety.
Recommendations
The commission urged the government to ratify the International Convention for the Protection of All Persons from Enforced Disappearance and operationalise the National Coroners Service Act, 2017.
Other proposals include:
- Amending the Public Order Act and Community Groups Registration Act.
- Passing a public participation law.
- Developing a national HRD protection policy.
- Revising police and military training curricula to include stronger human rights components, especially for vulnerable groups.
- Prosecuting all cases of law enforcement misconduct.
The report, compiled with data from KNCHR’s complaints system, the Office of the High Commissioner for Human Rights, Defenders Coalition, IPOA, and other civil society groups, calls for stronger collaboration between the state and communities to create “a safe and enabling environment” for human rights defenders.
