“The Government of Kenya is bound by its obligations under article 37 of the Constitution of Kenya and article 11 of the African Charter on Human and Peoples’ Rights which guarantee the right to peaceful protest. Various reports from Kenya suggest a violent crackdown by the police against peaceful protesters, including a peaceful humanitarian visit to a police station by the former Chief Justice [Dr Mutunga]. These reports must be thoroughly investigated by the authorities and those who are found to have abused their authority must be held accountable.”
Africa Judges and Jurists Forum (AJJF) is concerned about the reports which suggest the suppression of the right to peaceful protest in Kenya, through what appears to be disproportionate police action which includes the firing of tear gas, arbitrary and mass arrests, beatings and torture of those who participate in or are found to be near to the peaceful protest actions. On 8 July 2023, the former Chief Justice of the Republic of Kenya and current President of Africa Judges and Jurists Forum, Dr Willy Mutunga, was amongst those who were tear gassed by the police. Dr Willy Mutunga had visited a police station to provide food supplies to individuals who had been arrested and detained by the police after engaging in peaceful protests against the rising cost of living. Prior to his visit to the police station, former Chief Justice Dr Willy Mutunga had called upon the government of Kenya and the police to respect the constitutional right to peaceful protest and to refrain from using force against peaceful protesters. The retired Chief Justice, was in the company of other human rights lawyers and activists , when he attempted to deliver food supplies to the detained individuals at the police station.
Commenting on this development, Africa Judges and Jurists Forum Secretary General Martin Masiga said:
“The Government of Kenya is bound by its obligations under article 37 of the Constitution of Kenya and article 11 of the African Charter on Human and Peoples’ Rights which guarantee the right to peaceful protest. Various reports from Kenya suggest a violent crackdown by the police against peaceful protesters, including a peaceful humanitarian visit to a police station by the former Chief Justice [Dr Mutunga]. These reports must be thoroughly investigated by the authorities and those who are found to have abused their authority must be held accountable.”
The Africa Judges and Jurists Forum urges the authorities in Kenya to respect and facilitate the right to peaceful protests. In particular, as is directed under Resolution 281 of the African Commission on Human and Peoples Rights, States Parties must refrain from the excessive use of force, live ammunition and tear gas to disperse peaceful demonstrators, and must desist from conducting mass arbitrary arrests and detention of peaceful protesters. Africa Judges and Jurists Forum calls upon authorities in Kenya to cause a swift investigation into reports of police brutality and violent crackdown of peaceful protests, and to bring the perpetrators to account. The Africa Judges and Jurists Forum further urges the people of Kenya to remain peaceful as they grapple with any challenges that the country may be facing.
For more information:
Martin Okumu-Masiga,
Secretary General of AJJF,
Email: okumu-masiga@africajurists.org ,
Mobile: +256 753 954 308,
Twitter: @mokumas
Dr. Justice Alfred Mavedzenge,
Programs Director,
Email: justice-mavedzenge@africajurists.org ,
Mobile: +27 79 388 9990,
Twitter: @Dr_JAMavedzenge