Government Criticized For Failing To Deliver Justice For 2023 Protest Victims

Otsieno Namwaya, associate Africa director at Human Rights Watch, stated, “Kenyan police openly and unlawfully killed, injured, and abused protesters and bystanders, including many children.” He urged the government to ensure that the Independent Policing Oversight Authority (IPOA) and public prosecutors are empowered to work effectively, so victims and their families can receive justice for these crimes

The government has been accused of failing to secure justice for at least 31 people killed and numerous others who suffered abuse by police during protests across the country from March to July 2023. In a report released on Monday, Amnesty International Kenya and Human Rights Watch revealed that over a year later, investigations into the incidents remain incomplete, and no police officers or government officials have been held accountable for the killings or other severe human rights violations.

The 77-page report, titled Unchecked Injustice: Kenya’s Suppression of the 2023 Protests, highlights how police under President William Ruto’s administration committed serious human rights abuses in response to largely peaceful protests led by the opposition. The protests were sparked by the soaring cost of living and alleged electoral fraud following the August 2022 general elections.

Otsieno Namwaya, associate Africa director at Human Rights Watch, stated, “Kenyan police openly and unlawfully killed, injured, and abused protesters and bystanders, including many children.” He urged the government to ensure that the Independent Policing Oversight Authority (IPOA) and public prosecutors are empowered to work effectively, so victims and their families can receive justice for these crimes.

The report is based on 226 interviews with survivors and witnesses from Nairobi, Kisumu, Nyamira, Machakos, Migori, Kisii, Siaya, Nakuru, Homa Bay, and Makueni counties.

Amnesty and Human Rights Watch found that between March and July 2023, police used excessive force against protesters and bystanders, including live ammunition, kinetic impact projectiles like rubber bullets, torture, arbitrary arrests, and unlawful detentions. The report also reveals serious violations against children under 18, with disproportionate and indiscriminate use of tear gas in and around schools, medical facilities, and residential areas. At least two children died after being exposed to tear gas in their homes.

In July 2023, during house-to-house searches in Kisumu County for suspected protesters, police beat, intimidated, and threatened residents, including individuals uninvolved in the protests. Three people were killed in these searches, including cousins Brian Oniango and William Amulele, who died from injuries sustained from police beatings. A relative described the scene: “I was in my house when I heard voices shouting that the cousins were being killed…. I opened the gate and saw them being beaten. I knelt, pleading with them to leave the boys, but an officer pushed me back into the house.”

The physical, mental, and financial toll on victims and their families has been severe. A 50-year-old farmer, whose son John was shot dead by police in Kisii on July 7, 2023, recalled, “My son supported me in everything. He was my eye. Now, I don’t know what to do.”

Some survivors and the families of victims reported being turned away from police stations when attempting to report police abuses. Others refrained from reporting out of fear of retaliation or because they doubted any meaningful action would be taken.

In response to Amnesty and Human Rights Watch’s letter, the IPOA acknowledged that at least 67 people were killed during the protests. The IPOA reported that it had recommended inquests in six cases, closed four others, and is still investigating 57 cases. However, the IPOA faced challenges, including a lack of cooperation from witnesses and police concealing their identities and using unmarked vehicles, which hindered efforts to identify responsible officers.

The organizations called on President Ruto to ensure the IPOA can function independently and for relevant authorities to follow up on the IPOA’s recommendations. They also urged the establishment of a Commission of Inquiry to investigate the abuses of 2023 and ongoing protest-related violations, including determining which police units were responsible, identifying implicated officers, and assessing orders given to officers, especially concerning the use of non-uniformed personnel and disguises during protests.

Furthermore, Amnesty and Human Rights Watch urged the Kenyan government to address the underlying causes of the protests, such as economic policies that undermine people’s social and cultural rights. They recommended expanding social security measures to support those injured by authorities and the families of those killed.

Irungu Houghton, executive director of Amnesty International Kenya, concluded, “Kenyan authorities must work to regain public trust by delivering human rights-centered reforms. Ending impunity for police abuses during protests and addressing the negative effects of the government’s economic policies are crucial first steps.”