Let the rule of law reign in demos, KNCHR demands

Kenya National Commission on Human Right (KNCHR) urges parties involved in demos violation to uphold rule of law. The commission addressed pertinent issues, stating security agents’ torture and abuse demonstrate disrespect, violating prevention act mandated.

The wanton beating of persons even after surrender, indiscriminate tear-gassing of residences and school is a clear manifestation of violation of rights and freedoms.
“There has been heart-rending images on mainstream media and social media platforms, clearly showing the involvement of uniformed police officers in the wanton and brutal attack of defenseless members of the public,” KNCHR stated in a statement.

The commission further said that the security agents involved should be held accountable for their action and comply with the law, which prohibits torture. The commission stated that it will initiate enquiry into the alleged instances of torture, issuing a report that recommends effective measures for prevention and accountability.

“Commission also urges the independent policing oversight authority (IPOA) to hasten its investigation into the allegations of torture and ensure perpetrator face appropriate legal consequences,” the commission said.

However, the commission emphasized that the article 49 of the constitution guarantees arrested individual’s rights, including timely information, silence, consequences, and communication with advocate.

The national police service is mandated to maintain law and order as stated by the constitution. “Breaking into homes as was seen in Kisumu and other place affecting improper arrests while dispensing brutality and torture infringes upon the rights of citizen and violate their dignity and sanctity of their private spaces,” the commission charged.

The commission asked the police and other security agents to conduct arrests in a lawful and respective manner adhering to rights and dignity of individuals.

Addressing access to justice, there have been reports of delays and denial of justice for those arrested during the demonstrations. This includes denial of bail at the point of arrest as provided in article 49 of the constitution.

The commission therefore demands the right to a fair and timely trial to be upheld for all citizens. The commission has received report of alleged abductions by persons believed to be police officers for the past few weeks. Allegations of security agent abducting and infiltrating individuals shows eroded trust between states and citizens.

The commission however, charged that the incidences must be investigated transparently and impartially, holding those involved accountable. Reported cases of security agents violently dispersing citizens and journalists within court premises go against the principle of separation of powers and undermine the rule of law.
“Judiciary is an independent arm of government that must precincts respected as spaces for the administration of justice,” commission stated adding that, “We urge the government to ensure the protection of the judicial spaces and uphold it’s independence, allowing citizens and journalists to exercise their right to freedom of expression and access to information without fear of intimidation.”

This action by security agents affected lawyers and families of the arrested, thus infringing the right to access legal support and access justice. The commission seeks to protect the vulnerable populations including women, children, elderly and persons with disabilities from violence and harassment.

“The commission is particularly concerned by reports of numerous violations against particularly children. It is unfortunate that children, despite their innocence, continue to face the brunt of the violence,” the commission said. It further added that, “cases of arbitrary arrests and alleged torture against children have been reported with some children being held at the industrial area remand prison.”

Commission also observed the increased assaults and arbitrary arrests of human rights defenders who are striving to ensure respect for human right are adhered to. “This defenders play a critical role in promoting accountability and safeguarding citizen’s rights, and their safety and protection must be guaranteed,” KNCHR stated.

Commission urges prioritizing investigation and prosecution of perpetrators for accountability and justice.