The African Commission on Human and Peoples’ Rights has issued a statement to President William Ruto and the government of Kenya regarding the controversial Finance Bill 2024.
In a statement on June 19, the Commission expressed concern over the proposed tax bill that has caused serious alarm among Kenyans, leading to widespread protests.
“The African Commission is concerned that the protests on 18 June have led to the arrest of over 300 individuals and underscores that peaceful protest is protected under the African Charter on Human and Peoples’ Rights (African Charter),” the statement read in part.
The Commission reminded Ruto to consult and address the concerns of citizens, especially when adopting measures that would directly affect their socio-economic well-being.
It explained that efforts to address budgetary constraints and enhance macro-economic stability through revenue generation must be balanced with the need to protect people from being deprived of basic socio-economic protections.
AU Opposes Removal of Section 51 of Data Protection Act
The Commission also expressed deep concern regarding provisions within the finance bill that seek 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, political, and socio-economic rights under the African Charter,” the Commission said.
Finance Bill Protests
The Commission noted that the protests in response to these tax policies reflect the distress and economic hardship faced by many Kenyans.
It highlighted that the increase in the cost of living, stagnant wages, and high unemployment rates have exacerbated the struggles of ordinary citizens, contravening the principles of social justice and equality foundational to the African Charter.
The Commission called on the government to engage in constructive and inclusive dialogue with all stakeholders, including civil society organizations, community leaders, and affected populations, to address these concerns.
It emphasized that a participatory approach is crucial to ensure that the voices of the most vulnerable are heard and considered in policy-making processes.
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Alternative Measures
Additionally, the Commission advised Ruto to explore alternative measures to alleviate the financial burden on ordinary citizens.
It proposed measures such as targeted subsidies for essential goods, tax relief for low-income earners, and the implementation of robust social protection programs designed to support the most vulnerable segments of society.
President Ruto was also reminded to respect the right to peaceful protest as enshrined under Article 11 of the African Charter, which guarantees the right to assemble freely with others.
Right to Protest
Kenyan authorities have been directed to respect this right and ensure that security forces exercise restraint and uphold the highest standards of human rights when managing public demonstrations.
“The Commission calls for the immediate release of individuals arrested for participating in peaceful protests, with utmost respect for due process of the law under Article 7 of the African Charter,” the Commission said.
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KRA Provision
Additionally, the Commission demanded that the government reconsider and amend the provision allowing the KRA to access individuals’ financial records without a warrant or prior notice.
“The Commission emphasizes that the well-being of ordinary citizens must be at the forefront of any economic policy,” said the Commission.
The Commission maintained that it stands in solidarity with the people and the government of Kenya in their pursuit of social justice.
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