PRESS STATEMENT
FOR IMMEDIATE RELEASE
STATEMENT ON THE HARASSMENT, INTIMIDATION, AND ARBITRARY ARREST OF CIVIL SOCIETY ORGANIZATION LEADERS.
Nairobi, 20th August 2024.
The Independent Medico Legal Unit (IMLU), unequivocally condemns the ongoing harassment, intimidation, and arbitrary arrests of civil society leaders in Kenya. These actions represent a direct assault on the fundamental rights guaranteed by our Constitution and threaten to erode the already diminished civic space in our country.
In a recent incident, police detained Muslims for Human Rights (MUHURI) board member Khelef Khalifa and his family in Mida, near Malindi. Khalifa bravely confronted the officers who were concealing their identities during a stop, standing up for the principles of transparency and accountability that every citizen should expect from law enforcement. His actions, rooted in a deep respect for the law, resulted in an unjust detention, threatening his freedom and the well-being of his loved ones. This troubling event not only undermines the very foundation of justice but also shakes the trust that citizens should have in those sworn to protect them. The time has come to defend our shared values and restore faith in the rule of law.
The Constitution of Kenya, under Article 29, guarantees every person the right to freedom and security, specifically protecting them from arbitrary arrest, detention, or any form of violence. The Penal Code (Cap 63) Section 24 explicitly prohibits unlawful arrest, reinforcing the legal framework against such violations. Furthermore, the National Police Service Act (2011) Section 52 prohibits any officer from detaining an individual without sufficient cause, highlighting the importance of lawful conduct by law enforcement. The Prevention of Torture Act (2017) further safeguards individuals against any form of torture or inhumane treatment, which may result from arbitrary detention. The Criminal Procedure Code (Cap 75) provides clear guidelines on the legal procedures to be followed during arrests, ensuring that citizens are treated with fairness and dignity. These laws collectively underscore the importance of lawful and humane treatment by law enforcement and the protection of citizens’ rights.
Civil society organizations (CSOs) play an indispensable role in holding the government accountable, promoting human rights, and advocating for the public interest. The harassment and arrests of their leaders serve to silence critical voices and weaken efforts to foster transparency, accountability, and social justice in Kenya. This systematic crackdown on civil society is not just an affront to the individuals and organizations targeted but poses a significant threat to the health of our democracy.
We are particularly concerned that these actions further constrict the civic space, which has been steadily shrinking over recent years. The targeting of civil society leaders sends a chilling message to all citizens, undermining their confidence in exercising their democratic rights. A robust and vibrant civil society is essential for any functioning democracy, and the ongoing intimidation tactics must be halted immediately to preserve the integrity of our nation’s democratic processes.
We call upon the Kenyan government to respect, protect, and fulfill the rights enshrined in our Constitution and to immediately cease the harassment, intimidation, and arbitrary arrests of civil society leaders. We also urge the international community to stand in solidarity with Kenyan civil society and to hold the government accountable for actions that undermine democratic principles and the rule of law.
Kenya’s future depends on the active participation of its citizens and the unyielding efforts of civil society to advocate for justice, human rights, and good governance. We will continue to fight for an open and free civic space where all voices can be heard without fear of persecution.
Signed
Wangechi Grace Kahuria
Executive Director
Download this statement here: https://imlu.org/wp-content/uploads/2024/08/Press-Statement-on-Harassment-of-CSO-Leaders.pdf