Freedom of expression: treatment of Kenyan protestors during summer unrest draws concern

Dominic KiruiTuesday 1 October 2024

Civil society organisations have criticised the use of force by Kenyan police against young protestors during this summer’s unrest. The angry protests – dubbed the ‘Gen Z’ movement because of the age of the participants – began in June in response to the country’s Finance Bill 2024. Civil society groups say that young people were simply exercising their right to picket and protest, as enshrined in the Kenyan Constitution. 

In July, Kenya’s National Commission on Human Rights said it had recorded deaths in connection to the protests in 13 counties. The Kenyan police have been under significant scrutiny, as has the Independent Police Oversight Authority (IPOA), in regards to how they have handled the protests, given the deaths and injuries. 

In August, the IPOA faced the parliamentary Constitutional Implementation Oversight Committee, which demanded to know why there hadn’t been arrests and prosecutions relating to the violence. The Committee was chaired by Gathoni Wamuchomba, who expressed concerns over what she termed the extreme use of force during peaceful protests, the raiding of homes by hooded officers and the abduction of citizens. ‘We have 61 deaths recorded from the Gen Z protests. You haven’t been able to arrest or convict those responsible for the abductions, deaths, and violations of human rights. What has Ipoa done?’ she asked. 

Stéphane Dujarric, the Spokesperson for the UN Secretary-General, said it was ‘very important that the rights of people to demonstrate peacefully be upheld,’ adding that ‘it is up also to authorities to ensure that those rights are respected and that all incidents of deaths in the hands of security forces be fully investigated.’

Protests could have a cascading effect moving forward as governments see they must step up their game or face the wrath of the masses

Michael-James Currie
Director, pan-African law firm Primerio International

The IPOA has been investigating policing during the protests and says that in some cases, inquiries have been concluded and files forwarded to the Director of Public Prosecutions, while others remain ongoing. The Authority has released a monitoring report about the protests, in which it states that ‘in the majority of the instances, police conduct was restrained while in others, use of force led to injuries and fatalities […] the Police used unmarked vehicles, deployed hooded and masked Officers who were in civilian clothes, carried and deployed riot equipment and also conducted arrests. Some commanders had concealed badges of ranks and name tags.’  

President William Ruto has told Kenyans that, when provided with video evidence, he’ll take action against the police officers involved.

The demands of the protestors included asking the President to implement his campaign promises, to cut back on government expenditure, to reject the Finance Bill 2024, to fire his cabinet and to stop taking loans. Twenty-four-year-old Jeff Kimani, who works as an intern in Nairobi, says of his decision to take part in the protests, ‘I want to see the change that we the youth desire. And I can’t just sit down here and wait for it; I must go out there and join my friends in trying to get it.’ 

In particular, the Finance Bill for the 2024/2025 fiscal year sparked controversy. It contained measures that many Kenyans felt were punitive, including a 2.5 per cent motor vehicle tax, VAT on bread at 16 per cent and an increase in tax on mobile money transactions from 15 to 20 per cent. 

President Ruto withdrew the Finance Bill later in June. However, the demands of protestors shifted as the unrest spread. The Gen Z movement ultimately demanded that the President resign, and in late June, a crowd breached the buildings of the Kenyan parliament, overwhelming police and leaving members of the legislature rushing for safety. Inside, they vandalised windows and set a section of the parliament on fire. Amid the chaos, a number of protestors were killed by police gunfire. 

According to the Media Council of Kenya, 24 journalists were injured during the protests, while others had equipment destroyed. In August, David Omwoyo, the Council’s Chief Executive Officer, said that there was a need for the government to strengthen its relations with the media and enhance the safety of journalists, as well as provide justice for journalists who’d faced violence. The IPOA has opened at least one investigation into injuries sustained by the media while covering the protests.

According to Michael-James Currie, a director at pan-African law firm Primerio International, ‘Kenyan youth, with the power to see what actual economic growth looks like in foreign countries, were fed up with continued lies and mismanagement of funds’. He believes the protests could have a ‘cascading effect moving forward’ both in Kenya and in other African countries, as governments see that they must ‘step up their game or face the wrath of the masses.’

The Kenyan Ethics and Anti-Corruption Commission didn’t respond to Global Insight’s request for comment.

At the end of July, the Kenyan Court of Appeal issued a judgment declaring the entire Finance Act from 2023 – which introduced some of the controversial issues in the budget, including the Housing Levy – to be unconstitutional. The government appealed to the Supreme Court of Kenya and filed an application to stay the judgment, pending the determination of the appeal. In a ruling on 20 August, the Supreme Court nullified the appellant court’s judgment, in the interests of stabilising the budget until the government’s appeal is heard in September.

Some believe that the Gen Z protests have made a real impact. Currie highlights that the government’s Finance Bill 2024 was rolled back, while in July, President Ruto sacked his cabinet – although, Currie adds, ‘the Kenyan youth were not satisfied with the new cabinet.’ Overall, ‘the situation in Kenya is clear to all, and it is in part thanks to the brave and relentless youth’, says Currie, who credits protestors with bringing matters to international attention. 

Yet while Ruto fired his cabinet, he has since retained a number of its ministers. He has also worked with the opposition leader, Raila Odinga, who he defeated in the 2022 general election, appointing his allies into what he terms a ‘broad-based government’ cabinet.

Kimani is ultimately unconvinced by these developments. ‘Why are leaders recycling themselves and entering into political deals with each other at the expense of our country, our economy, our future?’ he asks. ‘I will go to the streets again. I will protest with my friends until we liberate this country.’
 

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