Riot police officers have found themselves at the center of controversy, detaining protesters on the Aga Khan Walk in downtown Nairobi, Kenya. These demonstrators are raising alarm bells over an unsettling trend: the unexplained abductions of government critics. As these events unfolded on December 30, 2024, one can’t help but ponder the implications of such actions on the very fabric of democracy.
- Advertisement -
Adding urgency to the situation, the United Nations Human Rights Council (UNHRC) is set to scrutinize Kenya’s human rights record yet again on May 1, 2025. This will mark the fourth examination of its kind, a systematic review every 4.5 years aimed at holding member states accountable for their human rights practices. How can a society genuinely call itself democratic if the safety and freedom of its citizens remain in jeopardy?
The Universal Periodic Review (UPR) Working Group will conduct this review at the UNHRC headquarters in Geneva, Switzerland. Kenya’s last assessment took place in January 2020, following earlier reviews in January 2015 and May 2010. Each of these sessions serves as a crucial checkpoint, reflecting both progress and regression.
During this upcoming review, the Working Group will delve into a national report prepared by independent human rights experts and various organizations. Furthermore, the special procedures will incorporate inputs from human rights treaty bodies and multiple UN entities, thereby presenting a holistic view of the situation. It’s essential to ask: what can be learned from these submissions, and how can they guide Kenya toward a more humane governance?
The scrutiny doesn’t end there. Stakeholders ranging from government agencies to civil society organizations have submitted their reports ahead of the review. The Kenya National Commission on Human Rights (KNCHR) found a glimmer of hope in the abolition of the death penalty. However, the organization also highlighted pervasive challenges, such as the ongoing issues of torture, impunity, and the chilling effect on journalists and media freedom during protests.
These stark observations paint a troubling picture. For example, the lack of legal protection for human rights defenders and insufficient funding in critical sectors like education and health call for immediate government action. Poignantly, the KNCHR emphasized, “Without investing in human rights, we risk losing our fundamental freedoms.” This sentiment resonates deeply—human rights should not be a luxury but a cornerstone of society.
Moreover, the draft Assembly and Demonstration Bill has thrown a shadow over basic rights. Proposed changes to this legislation could drastically hinder the right to peaceful assembly, enshrined in Article 37 of the Kenyan Constitution. Are we witnessing a systemic effort to stifle dissent, to curb the voices of those who dare to speak up?
In an unvarnished submission, stakeholders also echoed concerns regarding extrajudicial killings, with reports indicating that investigative agencies have struggled to rigorously pursue such cases. A poignant statement from JS22 reads, “Extrajudicial killings are rampant, yet effective investigations remain elusive.” How long must citizens endure the penultimate threat to their lives, rights, and safety without accountability?
The International Commission of Jurists (ICJ) echoed these sentiments, stressing that Kenya’s judiciary remains underfunded, thereby hampering justice accessibility. It is disheartening, to say the least, to witness the judiciary’s toll being felt most acutely by the most vulnerable in society—the very people who should be entitled to protection under the law.
Interestingly, amidst such turmoil, Kenya was voted into the Human Rights Council in October 2024, a surprising development given the outcry from local human rights groups who voiced concerns about the government’s record of human rights violations. Various organizations have pointed fingers at incidents involving extrajudicial killings and involuntary disappearances, particularly during the violent 2024 anti-tax protests, where over 60 individuals reportedly lost their lives. How does one reconcile the nation’s aspirations for global representation with these glaring infractions?
The Assembly and Demonstration Bill 2024, proposed by then-Mbeere North Member of Parliament Geoffrey Ruku, raises eyebrows for its ambitious attempt to undermine constitutional rights. By increasing protest organization costs and imposing burdensome conditions, the bill seems aimed more at stifling free expression than regulating it. The Katiba Institute, a prominent legal advocacy group, boldly labeled the bill “a mechanism to frustrate democracy.” Such a stance elicits further questions: Can new legislation genuinely promote peace while effectively diminishing rights?
The proposed requirement for protest organizers to remain present throughout the demonstration, along with the ability for police to prevent gatherings, collectively set a worrying precedent. Is this the beginning of a wider campaign to undermine civil liberties under the guise of public order?
As these developments unfold, it becomes clear that the stakes are high. The violence witnessed during the 2024 protests, wherein police resorted to tear gas and other forceful measures to control crowds, underscores a schism between the government and the governed. With such challenges on the horizon, how can Kenya reclaim its narrative, ensuring that human rights are not only recognized but actively celebrated?
In conclusion, as Kenya prepares for its upcoming review, the world watches closely. There’s an undeniable tension between the aspirations of a republic and the stark realities its citizens must confront daily. Perhaps, the path toward justice, equity, and dignity isn’t just about policy but about fostering a culture that honors human rights as universal values. Let’s hope that this upcoming examination signals a turning point in the ongoing quest for genuine peace and accountability.
Edited By Ali Musa
Axadle Times international–Monitoring.
