Kenya: Authorities must not start a new cycle of State-sponsored torture amid new protests

The World Organisation Against Torture (OMCT) and the Independent Medico-Legal Unit (IMLU) warn the Kenyan authorities against initiating a new cycle of state-sponsored torture and abuse amid the ongoing protests. As the anniversary of the March 2024 protests is marked, we are deeply concerned about the government's use of force, including the tragic deaths of at least 8 confirmed fatalities in various locations across Kenya: Nyandarua (1), Machakos (2), Makueni (2), Kiambu (1), Eldoret (1), and Nakuru (1). In addition to these fatalities, 400 unsegregated casualties have been documented across the country, including 3 police officers. Of these casualties, 83 individuals have been referred to unspecified hospitals, with 8 suffering from gunshot wounds. These figures underscore the increasing violence and brutality against those seeking to peacefully express their dissent. Our organisations specifically warn the government of Kenya and its security forces of the possibility of judicial proceedings against individual officers for acts of torture and abuse. These proceedings may be brought before regional courts and UN treaty bodies if further violations are documented.

The violence, abductions, enforced disappearances, and torture that have characterized recent demonstrations are deeply alarming and must not be allowed to continue. These tactics, which were witnessed in last year's protests where 601 cases of police torture, 63 extrajudicial killings, and 63 enforced disappearances, were recorded and have reemerged this year, have become a disturbing tool for suppressing dissent and targeting protest leaders. One year later, despite strong evidences, the government has failed to deliver justice, leaving survivors, families, and human rights defenders (HRDs) exposed and unprotected.

IMLU have documented the use of torture as a systematic tool to suppress protests which has recenlty been published in a report called Silenced but unbowed. Youth, protests, and the quest for accountability in Kenya. We have compiled a clear understanding of the methods, locations, and perpetrators involved, including the role of security officers and the government’s failure to address these violations. Individuals believed to be protest leaders are being targeted, abducted by individuals believed to be security officers in unmarked vehicles, detained without charges or legal representation, and subjected to torture—both physical and psychological—in unsanitary, inhumane conditions, often for more than 30 days in undisclosed locations, with no official record of their detention.This cycle of abuse is well-documented, and the Kenyan authorities must not repeat these grave human rights violations.

In addition to the ongoing violence, the Kenyan government has taken alarming steps to suppress media coverage of the protests. Major broadcasters KTN and NTV were taken off the air after the Communications Authority of Kenya (CA) ordered an end to their live coverage of the demonstrations, further restricting the flow of information and preventing the public from accessing crucial news about the human rights violations taking place.

The Kenyan government must recognize the dangerous precedent it sets by using torture, abductions, and enforced disappearances to quell dissent. The ongoing suppression of peaceful protests and the targeting of individuals for exercising their fundamental rights is a clear violation of Kenya’s international obligations and undermines the rule of law. OMCT and IMLU stand in solidarity with the people of Kenya, and we call on the authorities to take immediate action to halt these practices and respect the rights of its citizens.

OMCT and IMLU call on the Kenyan authorities to:

1. Cease all acts of torture, abductions, and enforced disappearances aimed at suppressing peaceful protests, and ensure that all individuals are treated in accordance with international human rights law, with access to legal representation and protection from cruel, inhuman, or degrading treatment.
2. Ensure accountability by investigating acts and behaviours of all police officers and other individuals involved in gross human rights violations.
3. Apply the principle of proportionality in maintaining order during protests. We remind the government that the use of force should always be proportionate to the threat posed, in line with international standards and human rights law.
4. Restore media freedom and ensure that journalists and broadcasters can report freely on the protests, without fear of censorship or retaliation. The government must stop silencing media outlets, including KTN and NTV, and allow for the free flow of information about ongoing human rights abuses.

About OMCT:

The World Organisation Against Torture (OMCT) is the leading global network fighting against torture, summary executions, forced disappearances, and other forms of cruel, inhuman, or degrading treatment or punishment. OMCT works to protect the rights of victims and advocates for the abolition of torture globally.

About IMLU:

The Independent Medico-Legal Unit (IMLU) is a human rights organization based in Kenya, dedicated to documenting and investigating cases of torture, extrajudicial killings, and other forms of abuse, and to providing medical and legal assistance to victims of human rights violations. IMLU is a SOS-Torture network member.

For more information, please contact:

- OMCT : Francesca Pezzola, Director of Communications, fpe@omct.org

- IMLU : Wangechi Kahuria, Executive director, gwangechi@imlu.org