Kenya

Status: Civil society or public discussion

In Kenya, there is no clear policy or legislation to protect human rights defenders (HRDs). Despite many actors advocating for a stronger protection of HRDs, as well as hopeful promises made by the government, no concrete steps have been taken to implement new policies.

Kenya held presidential elections in August 2022 which were marked by backlash protests organised by the political opposition. The protests saw thousands of people take to the streets across the country to demonstrate against the rising cost of living and the alleged rigging of the 2022 presidential election results. Many protesters were arrested for taking part in the demonstrations, which turned violent. There were multiple reports of police brutality against peaceful demonstrators. The change of president has not improved the human rights situation in the country. Extrajudicial killings, enforced disappearances, restrictions on freedom of assembly and expression, deteriorating LGBTQIA+ rights or the death penalty are among the many human rights issues that persist in the country.

HRDs in Kenya face multiple challenges and their protection is deteriorating. Namely, HRDs are exposed to the excessive use of force by the police and subjected to several threats, such as targeted killings or physical and verbal attacks. In December 2014, an amendment to the Security Law of Kenya was adopted which had significant negative implications for the protection of HRDs in the country. Although the amendment focuses on countering terrorism, the government is using it to restrict the freedom of expression and assembly of HRDs and civil society actors. Moreover, Kenya is currently considering a Family Protection Bill 2023, which could have significant implications for the activities of LGBTQIA+ HRDs and organisations on the grounds of “promoting homosexuality”. This bill mimics similar legislation that already exists in Uganda, which criminalises homosexuality, its recognition, promotion and financing and  which puts LGBTQIA+ HRDs and the queer community at risk. To counter the shrinking of civic space in the country, HRDs have developed protection networks. In particular, the Defenders Coalition is the national coalition of HRDs in Kenya.

There is no official policy on the protection of human rights defenders in Kenya. Some applaud the importance of human rights standards in Kenya’s 2010 Constitution, which protects relevant fundamental rights such as the right to demonstrate, but in practice this right is not strongly enforced (Mutethia, 2020).

The discussion on public policies for the protection of HRDs in Kenya remains at the civil society level. In general, the legal landscape in Kenya provides a supportive environment for the work of CSOs. Still, the registration of NGOs has been hindered on the grounds of ambiguous national laws, such as the NGO Coordination Act. On 14 May 2024, the NGO Coordinated Act was replaced by the entering into force of the Public Benefit Organisations Act, which provides a more enabling environment for NGOs in Kenya. The Kenya National Commission on Human Rights (KNCHR), the National Coalition of Human Rights Defenders Kenya (Defenders Coalition) and other civil society organisations have made important progress in promoting public debate on public policy for the protection of HRDs. In addition to producing several reports [1], the KNHRC developed a Model HRD Policy and Action Plan in 2017. This model policy provides a framework for the protection of HRDs, accompanied by an action plan that identifies the priority areas on safeguarding the rights of HRDs. The KNCHR has continued to advocate for adoption of this policy, but no steps have yet been taken towards its implementation.

The UN Special Rapporteur on Human Rights Defenders, Mary Lawlor, has requested a country visit to examine the situation in Kenya, but has received no response yet. At a regional level, Kenya is under the scope of the mandate of the African Commission on Human and People’s Rights which also offers a monitoring mechanism for the situation and safety of Human Rights Defenders through a separate Special Rapporteur on Human Rights Defenders for Africa. In Kenya, however, no concrete policy proposals have followed from this mechanism, nor has any report on the situation of HRDs in Kenya been issued.

Kenya is equally monitored through the Universal Periodic Review (UPR). On the third cycle of the UPR, which began in 2019, supported several recommendations to improve the protection of HRDs, including taking steps to:

• Adopt comprehensive legislation on the protection of human rights defenders;
• Ensure proper investigation into attacks against HRDs;
• Uphold the freedom of expression of human rights defenders;
• Provide a safe and enabling environment for human rights defenders;
• Guarantee that NGO laws are in line with the right to freedom of expression;
• Implement the full operationalization of the 2013 Public Benefit Organization Act that aims to ease the operationalization of NGOs in the country by improving the NGO legal framework.

In its mid-term report which analises the status of the recommendations accepted by Kenya under the third cycle of the UPR, the KNCHR alerted that, even though the national authorities started the process of implementing the recommendation concerning the ensuring of the safety of HRDs, they have not prioritized it. On the other hand, the 2013 Public Benefit Organisation Act has come into effect on 14 May 2024

While presenting its periodic report to the 71^st Ordinary session of ACHPR in May 2022, Kenya committed to develop a specific policy on protection of HRDs in the country. So far, nothing much has happened after the declaration and efforts by CSOs to reach out to the department of justice have been futile.

Kenya is ranked by the Civicus monitor as “obstructed”, which means that civic space is “heavily contested by power holders” and is classified “partly free” by the Freedom House democracy index, scoring particularly low on Political Rights. Concerns include the discrimination against LGBTQIA+ individuals, refugees and asylum seekers, backlog of court cases, excessive use of force by the police forces and corruption in public governance institutions.

PI has a Regional Hub in Kenya. You can find out more about PI’s work in Kenya here.

[1] Namely Champions of Rights: A Report on the situation of Human Rights Defenders in Busia, Kwale and Marasabit Counties (2015), the Self-Representation Manual for Human Rights Defenders (2015), the Report on the Status of HRDs in Conflict with the Law (2016) and a “Report on Gender Audit of the Situation of Women and other Vulnerable Human Rights Defenders in Kenya.” (2017).

 [Updated on 24/05/2024]