A Kenyan legal organization has written to the president of the United Nations Human Rights Council (UNHRC) opposing Kenya’s application to join the Council in the 2025-2027 term. In a statement by the Kenya Human Rights Commission (KHRC) on October 9, 2024, revealed this development attaching it to the county’s situation.
The UN Human Rights Council has a commitment by countries to “advance and protect human rights for all.” In its letter, KHRC states that this does not match the country’s situation; they cite systemic human rights violations bordering on crimes against humanity. UN member states on Wednesday October 9, voted in New York on Kenya’s bid.
Moreover, the opposition came on a day when the UN members gathered in New York to vote on Kenya’s bid.
KHRC Give Reasons for Opposing
Further, KHRC went on to elaborate why they are opposing Kenya’s bid for the highly coveted for position. The council cites that the two years into President William Ruto’s term, Kenyans continue to witness a deeply entrenched culture of impunity.
The undersigned civil society organizations further stated, “Many have fallen victim to gross and systemic human rights violations that verge on crimes against humanity, infringing on Kenya’s national, regional, and international obligations.”
The civil society emphasized that as a party to international treaties, Kenya is bound to respect, protect, and fulfil human rights under international law.
The Constitution of Kenya affirms in Article 2(5-6) that general rules of international law and any treaty or convention ratified by Kenya shall form part of its legal framework.
In addition, KHRC regrated that the Ruto administration has failed to meet its obligations since taking office two years ago. The regime has committed serious atrocities and crimes against the public with little to no redress. The Kenya police and other state institutions have been the main perpetrators of these violations and abuses.
The closure of civic and democratic space, the capture and intimidation of other state organs-including parliament, constitutional commissions, and independent offices and oppressive governance frameworks have made accountability for these injustices nearly impossible. This starkly contrasts Ruto’s opposition to anti-people policies and his campaign commitment to establish a public inquiry into state capture under the previous regime.
The civil Society highlighted some of the latest injustices that disqualify Kenya from the UN Human Rights Council seat.
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List of injustices Tabled by KHRC
- Unlawful killings, abductions, and forced disappearances by the police
The Kenyan police have a long history of violently suppressing independent institutions and dissenting voices. Today, the police remain the state’s primary agents of repression.
Over the past two years, police have committed massive violations against citizens. In the first six months of this year alone, police used excessive force against striking medics and residents of informal settlements opposing arbitrary displacements during floods.
On May 8, 2024, police arrested 27 human rights defenders at Mathare Social Justice Centre and Ghetto Foundation, alleging riotous conduct. The activists were released after the Makadara law courts dismissed the charges as baseless.
The situation escalated between June and July 2024, when Kenyans protested the punitive 2024 Finance Bill in what became known as the “Gen Z revolution.” The National Police Service (NPS) and other security agencies responded with brutal force, leading to the deaths of at least 60 people. Police have also been responsible for numerous abductions, enforced disappearances of 65 individuals, and the unlawful detention of over 1,400 peaceful protestors.
These abuses continue unabated. On September 24, 2024, police fired teargas at the striking university workers’ unions, including the Universities Academic Staff Union and the Kenya University Staff Union. Police also made unlawful arrests as the workers peacefully marched to present a petition to Parliament and key government officials.
Recently, Trever Mathege Mureithi, a first-year student at Multimedia University, was severely injured when police fired a teargas canister at him at close range. He remains in critical condition. Despite calls from the undersigned human rights organizations for accountability, the Kenyan government has taken no meaningful action.
But the police did not stop their brutal acts. On October 3, 2024, police armed with lethal crowd control weapons and live ammunition unlawfully dispersed a peaceful demonstration by Moi University students. Reports revealed that police used live ammunition to suppress the protest, further undermining the constitutional right to freedom of assembly. The constitution envisions the NPS as a professional, disciplined, and transparent service committed to respecting human rights, but this vision remains far from reality.
- Defiance of court orders
Over the past decade, defiance of court orders related to state violations has been a major obstacle to good governance and the rule of law in Kenya. A few examples illustrate this issue. On January 2, 2024, President Ruto openly vowed to disregard court rulings or injunctions that he believed hindered his government’s agenda.
Recently, former acting Inspector General of Police Gilbert Masengeli ignored seven court orders demanding that he disclose the whereabouts of three abducted human rights defenders-Jamil Longton, Aslam Longton, and Bob Njagi- who were taken by individuals believed to be police officers.
- Weaponized regulatory frameworks
The current administration has also weaponized regulatory frameworks to silence dissent, despite Ruto’s earlier promises that the police would never again be used for political ends. On July 22, 2024, the Public Benefits Regulatory Authority instructed the Directorate of Criminal Investigations (DCI) to investigate 16 civil society organizations.
Efforts to weaken independent media have also intensified. For example, the Communications Authority of Kenya (CAK) issued an advisory warning media houses against live coverage of public protests between June and July.
- Social and economic governance decisions that are anti-people
This regime has made several anti-people decisions affecting their social and economic wellbeing. This includes the oppressive Social Health Insurance Fund (SHIF), the flawed university funding model, a punitive taxation system, unaccounted public debt, and widespread corruption.
We have also witnessed discriminatory access to state appointments and development based on ethnicity, region, and political affiliations, in violation of Article 27 of the Constitution. Additionally, the implementation of the two-thirds gender rule, as advised by the Supreme Court, remains unfulfilled.
These actions have adversely affected the realization of social and economic rights under Article 43 of the Constitution. The repression of civic organizing around these issues has also led to gross violations of civil and political rights.
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KHRC Demand Truth, Justice & Accountability
KHRC has outlined Kenya’s poor track record in upholding national and international human rights principles and its deliberate failure to address serious violations since this administration came to power two years ago. The regime continues to use state security and other agencies to commit atrocities that, by definition of the Rome Statute, amount to crimes against humanity.
Considering the above resins the civil society urges the UN and the international community to reject Kenya’s request for a seat on the UN Human Rights Council. Moreover, it cited that granting such a position would severely undermine the credibility and mandate of the UN and its ability to hold perpetrators accountable.
We have outlined Kenya’s poor track record in upholding national and international human rights principles and its deliberate failure to address serious violations since this administration came to power two years ago. The regime continues to use state security and other agencies to commit atrocities that, by definition of the Rome Statute, amount to crimes against humanity.
Considering this, we urge the UN and the international community to reject Kenya’s request for a seat on the UN Human Rights Council. Granting such a position would severely undermine the credibility and mandate of the UN and its ability to hold perpetrators accountable.
Furthermore, it called upon the UN to utilize its mechanisms to investigate the serious human rights violations in Kenya, establish the truth, ensure victims receive justice.
Additionally, hold those responsible accountable before the UN Assembly of State Parties. The International Criminal Court (ICC) and Specialized Human Rights mechanisms should also be dispatched to address these concerns.
Finally, the civil society urges the African Union (AU) to immediately withdraw its support for Kenya’s bid. Instead, the AU should leverage its Commission on Human and Peoples’ Rights (ACHPR) and the African Court of Justice to ensure effective remedies and prevent future violations.
The letter was signed by various organizations including the Kenya Human Rights Commission (KHRC), Center for Memory and Development, Democracy Without Borders Kenya, and Grace Agenda. Also, Kariobangi Paralegal Trust Mazingira Institute Muslims for Human Rights (MUHURI), National Coalition for Human Rights Defenders, and Usalama Reforms Forum appended their signatures.
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