Kenya's human rights record has been on a downward spiral over the past year, with a sharp increase in extrajudicial killings, abductions and arbitrary detentions, among other violations.
This is according to the national human rights watchdog, the Kenya National Commission on Human Rights (KNCHR).
In its latest report, covering July 2023 to November 2024, the Commission says that in the last five months, a total of 60 deaths, 610 injuries and 1,300 arbitrary arrests have been reported in the wake of anti-government protests and demonstrations.
Under President William Ruto's regime, the rights agency said, a number of Kenyans who have come out to exercise their freedom of association have been arrested and silenced.
The profiling of 16 non-profit organisations for funding the anti-finance protests was an attempt to muzzle critics, the commission said.
“The commission views this as an attempt to intimidate and muzzle PBOs (Public Benefit Organisations), further shrinking civic space. The Commission cautions against such direct and indirect interference of operations of PBOs which are legally guaranteed under Section 3 (d) to exercise effective control and management over the administration of their activities and funding,” the commission said.
Mr Raymond Nyeris, the commission's vice-chairperson, said at the launch of the report that investigations should be expedited and called on the government to empower the Independent Policing Oversight Authority (IPOA) to bring the perpetrators to justice.
“We call for an immediate halt to the unlawful arrests, abductions, and enforced disappearances, as well as the fast-tracking of investigations and prosecutions of all those found culpable. We further call on the criminalisation of enforced disappearances and the ratification of the International Convention for the Protection of all Persons from Enforced Disappearances,” Mr Nyeris said in a press conference on Wednesday.
Recalling the Shakahola tragedy earlier this year, the Commission expressed concern that of the 448 deaths recorded and 600 people still missing, only 10 percent of the bodies had been identified and returned to the families.
Mr Nyeris also said the roll-out of the Social Health Insurance Fund (Shif) was already fraught with challenges that threatened the constitutional right of millions of Kenyans.
This came as a section of civil society on Wednesday also called for the rule of law to be upheld, insisting that the country was heading in the wrong direction.
The societies said the continued violation of human rights was putting the country's future at risk.
“The biggest crisis in Kenya since July 2023 is the unabashed impunity and near complete suspension of the Constitution of Kenya by the President and Executive. The President has led a State capture campaign of weakening, intimidating and paralysing many constitutional bodies, including Parliament and the Judiciary, constitutional commissions and independent offices,” the organisations said in a statement.
The pressure groups included the Police Reform Working Group, the Okoa Uchumi Coalition, the Civic Freedom Forum, the Missing Voices Coalition and the National Integrity Alliance.
The release of the report comes at a time when the government is under intense scrutiny for its handling of anti-government protests and human rights abuses.
Those abducted during the protests include blogger Billy "Crazy Nairobian" Simani, analyst Shad Khalif Kiprono, Dr Austin "Japrado" Ocholla, parliamentary aide Gabriel Oguda and veteran editor Macharia Gaitho.
Four Turkish refugees were also abducted and taken to Ankara in October. The Kenyan government, through Foreign PS Korir Sing’oei, later justified the repatriation of the individuals on the grounds that they were "assisting" the Turkish government.
However, President Ruto has denied any government involvement in the abductions and denied any knowledge of the abductees.
The government has also come under heavy criticism for human rights abuses. In August, the visiting US Under Secretary of State for Civilian Security, Democracy and Human Rights, Ms Uzra Zeya, expressed deep concern over police brutality, which she said violated Kenya's 2010 Constitution.
During the visit, Ms Zeya reaffirmed her country's commitment to upholding the rule of law and respect for human rights, following cases of enforced disappearances, abductions and arbitrary arrests.
European diplomatic missions in Nairobi have also expressed similar concerns about the spiralling wave of abductions, arbitrary arrests and disappearances in Kenya. The ambassadors of Denmark, Finland, Germany, Ireland, the Netherlands, Norway, Sweden, Switzerland and the British High Commissioner have also called for thorough investigations to unmask the culprits behind the abductions and arbitrary arrests.
In his manifesto, Dr Ruto had pledged to end all forms of extrajudicial executions by the security services and to amend the National Coroners Service Act of 2017 to establish the Coroner-General's Office.
If operationalised, the National Coroners Service Act, which provides a legal framework for the investigation of deaths in the country, especially those involving suspicious, violent or unexplained circumstances, would ensure a thorough and independent investigation to ensure accountability and justice.
The rights commission called for the law to be fully operationalised to allow for independent investigations.
Dr Ruto had also promised to establish a special tribunal for gross human rights violations and enforced disappearances, as well as to ratify and domesticate the International Convention for the Protection of All Persons from Enforced Disappearance and to ensure equal protection of the law for all by implementing and funding the Legal Aid Act of 2016.
