Kenya: Sovereign Power Belongs to the People

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As a network of over 300 social movements, organizations and human rights defenders from 80 countries, ESCR-Net (International Network for Economic, Social, and Cultural Rights) is united in our solidarity with the people of Kenya, who have exercised their human rights to freedom of expression, association and assembly, denouncing the punitive Finance Bill, 2024, which the government was ultimately forced to withdraw at the end of June. Their large-scale participation in protests exemplifies a steadfast commitment to upholding economic, social, cultural and environmental rights (ESCER), which are essential to human dignity and social justice.

The recent violent repression of peaceful protests is a grave violation of international human rights law and tragically echo the history of state-sanctioned violence in Kenya. Reports of police shootings, irresponsible and inappropriate use of large quantities of teargas, abductions, and the deployment of the Kenya Defense Forces (KDF) without fully appraising the public of the extent of the military involvement and the National Assembly’s approval, violating Article 241 (3) (c) of the Constitution of Kenya, are all deeply concerning. Data from Kenya National Commission on Human Rights indicates that 39 people have died, 361 injured, 32 cases of enforced or involuntary disappearances, and 627 instances of arrests of protestors. Such actions not only contravene the laws of Kenya but also international legal standards, including the International Covenant on Civil and Political Rights (ICCPR) and the Convention Against Torture.

We call on President Ruto to respect the voices of the Kenyan people and their right to peaceful assembly, as enshrined in the Bill of Rights under the Constitution of Kenya and the ICCPR. The Finance Bill, 2024, threatened to undermine the economic and social rights of Kenyans, exacerbating inequality and hardship. We remain vigilant as the government now considers a range of austerity measures. Human rights to adequate housing, health, education, and an adequate standard of living must be safeguarded. These rights are protected under the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Kenya is a party.

We remind President Ruto that all sovereign power belongs to the people of Kenya and that his authority is derived from the people, therefore the President and all government officials and institutions have an obligation to respect, protect and fulfill the human rights and related constitutional rights of the people of Kenya. We express our solidarity with the growing and deepening grassroots movement for human rights, which is driven by people's demands for well-being, dignity and participation. We join a growing portion of the international community in solidarity with the people of Kenya in their struggle for justice and human rights.

In addition, we recognize the significant role that international financial institutions, particularly the International Monetary Fund (IMF) and the World Bank, play in shaping economic policies in Kenya and other countries in the Global South. The IMF’s harsh conditionalities, which have been tried and tested before with disastrous results, influenced the drafting of the controversial Finance Bill 2024, which has caused outrage in the country. Loan conditionalities, including austerity measures, promoted by these institutions continue to exacerbate poverty and inequality, reinforce neo-colonial structures, and undermine the ability of the Kenyan government to fulfill its human rights obligations. The conditionalities attached to financial assistance often lead to cuts in essential public goods and services, as well as regressive taxes and weakened labor regulations. These conditionalities disproportionately affect already impoverished and marginalized communities and particularly women in all of their diversity within those communities.

In line with international human rights standards, the members of ESCR-Net call on the Kenyan government to:

• Cease the use of excessive force against peaceful protesters: The human rights to freedom of expression, association and assembly must be respected and protected.
• Conduct independent and transparent investigations: Investigate the reported killings, abductions and cruel degrading treatment of people thoroughly and hold those responsible accountable to ensure justice and prevent future violations.
• Stop the abduction of protestors and release all abductees unconditionally: The right to freedom and security of the person which include the right not to be deprived of the freedom arbitrarily or without just cause must be respected and protected.
• Engage in meaningful dialogue with civil society: Address the economic and social concerns of the population, ensuring that any economic policy respects and promotes the human rights of all Kenyans.
• Ensure all security agencies and security measures taken operate within the confines of law: in abidance with the court orders, Kenyan security forces must comply with the rule of law and with the utmost respect for democracy, human rights, and fundamental freedoms.
• Ensure the protection of human rights defenders: Uphold the principles of international human rights law and provide a safe environment for those advocating for justice and human rights.

We join many in the international community calling on the Kenyan government to comply with its human rights obligations and we are in solidarity with the efforts of Kenyan civil society in advocating for justice and dignity for all.