Embrace talks to avoid Kenya sliding into anarchy, KNCHR tell president Ruto, Raila
The Kenya National Commission on Human Rights (KNCHR) has now called upon president William Ruto and his political nemesis and opposition chief Raila Odinga to embrace dialogue to avoid sliding the country into anarchy.
The commission urged the two leaders to come to the negotiating table to address important national issues and find a lasting solution, the has said.
While regretting the aftermath of yesterday’s demonstrations, KNCHR say all Kenyans have the right to freedom of expression, assembly and association under the Constitution, provided that it is exercised within the confines of the law and with respect for the rights of others.
“The Commission wishes to bring to the fore the incidents that occurred yesterday, emphasizing the violation of constitutional rights, relevant legislation, and the need for a common position among leaders to address pertinent national issues, thus avoiding further deterioration into anarchy.” Roseline Odede, Chairperson KNCHR said.
The Commission specifically took issue with police excesses, citing the senseless teargassing of school children of Kihumbuini Primary School in Nairobi’s Westlands area.
“Just like other like-minded Kenyans, the Commission is equally abhorred and deeply concerned by the irresponsible and unprovoked lobbing of gas canisters by police officers with serious health ramifications, meted upon 53 innocent pupils of Kihumbuini Primary School in Kangemi. KNCHR hasten to reiterate that the safety and well-being of children should be of utmost importance, and such actions are unacceptable.”
The Commission regretted the lives lost in the violence, noting that the National Police Service Act and the Public Order Management Act establish the parameters for the management of public gatherings, with the aim of ensuring public safety while upholding citizens’ constitutional rights.
KNCHR however, notes that the demonstrations were organized within the framework of Article 37 of the Kenya Constitution and the right to peaceful assembly and were intended to voice the concerns of the various protesting groups and indeed the members of the public regarding specific concerns and the escalating cost of living.
They added that the legal standing lay down guidelines for the management of public gatherings, outlining the roles and responsibilities of both law enforcement agencies and public.
“Article 26 (1) of Kenya constitution dictates that an individual’s right to life must be upheld as sacrosanct. One life lost is one too many. Every life lost represents someone’s spouse, child, parent, friend, neighbor or colleague.” Odede said.
With equally great regret, the Kenya National Commission on Human Rights (KNCHR) notes the tragic consequences of these protests, which resulted in thuggery being meted on innocent members of the public, looting and destruction of public and private properties, businesses and installations.
Furthermore, the disruption of businesses and normal livelihoods, coupled with the closure of schools, is causing significant harm to the people of Kenya and significantly affecting the economic and social rights as enshrined in Article 43 of our constitution, Odede noted.
KNCHR calls on leaders to exercise sobriety and desist from irresponsible utterances such as those on record calling for shoot and kill, which only serve to taunt protesters and has the potential of stirring violence, hate, and unrest. Such utterances, they say, must be investigated by the Inspector General of Police and findings made public.
“The use of excessive force, especially in a school setting, undermines the trust between the community and law enforcement officers. It is imperative that a thorough investigation is conducted to hold the responsible police officers accountable for their actions. Measures must be taken to ensure the protection of innocent civilians, especially children, during protests and demonstrations to prevent such incidents from occurring in the future.”
The Commission noted that the right to life, liberty and security of a person, as enshrined in the Universal Declaration of Human Rights, were tragically violated during yesterday’s protests, calling for the protection of these fundamental human rights and urging all parties involved to respect and uphold them.
As a result of yesterday’s violence, Kenya National Commission on Human Rights makes a raft of recommendations including that pockets of protests seem to be spiraling and mushrooming outside the control of the organizers, thus to remedy this, it calls on organizers to provide clear details of dates, times, venues and routes of demonstrations, to protect both the protesters and the general public.
They also ask organizers to embrace alternative non-violent approaches in getting their message across.
Furthermore, organizers, law enforcement officers and other duty bearers should collaborate in identifying and singling out agents of mayhem and disorder and ensuring security for protesters, citizens and property.
On arrests made during and after the demonstrations, KNCHR say they should be lawful and those arrested be treated fairly and humanely, in accordance with the law, adding that the right to bail or bond and to be produced in court within 24 hours must be fully respected in accordance with Article 49 of the Constitution.
“In light of the aforementioned events, the Kenya National Commission on Human Rights urgently calls on leaders work in unison for the betterment of all Kenyans. It is imperative that leaders put aside their political differences and contestation and forge ways of working towards addressing the underlying issues that have led to these persistent demonstrations. By embracing constructive engagement, our country can find sustainable solutions to alleviate the burden of the high cost of living and improve the overall welfare of all citizens.” KNCHR said.
“As we endeavor to move forward as a country, the Commission calls upon the government, through the Inspector General of Police, to conduct a thorough and prompt investigations of the incidents that transpired during yesterday’s demonstrations and ensure that those responsible for human rights violations and abuses are held accountable and justice is served.”
At the same time, the Commission calls upon the Independent Policing Oversight Authority (IPOA) to review and investigate the conduct of police officers deployed in quelling the demonstrations.
