Kenya : Escalating judicial harassment of Boniface Mwangi

KEN 002 / 0725 / OBS 045
Arbitrary detention /
Release /
Judicial harassment /
Restriction to freedom of assembly
Kenya
31 July 2025

The Observatory for the Protection of Human Rights Defenders, a partnership of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Kenya.

Description of the situation:

The Observatory has been informed by the Independent Medico-Legal Unit (IMLU), member of the OMCT SOS-Torture Network, about the arbitrary arrest, prosecution and subsequent release on bail of Kenyan human rights defender Mr Boniface Mwangi in Nairobi, Kenya. Mr Mwangi is a renowned Kenyan Pan-African author, award-winning photo journalist, and pro-democracy activist.

On 19 July 2025, Boniface Mwangi was arbitrarily arrested by officers of the Directorate of Criminal Investigations (DCI) at his residence in Lukenya, Machakos Country, near Nairobi. He was then taken to his office “Mageuzi Hub”, a coworking and activist space in Nairobi. The arresting officers raided Boniface Mwangi’s home and office and seized both work-related and personal items. They later claimed to have found a firearm without a valid certificate and tear gas canisters at his office.

Boniface Mwangi was held in pre-trial detention at the Pangani Police Station in Nairobi, from 19 to 21 July 2025.

On 21 July 2025, Boniface Mwangi was presented before Kahawa Magistrates’ Court - a special court established by the Kenya Judiciary to specialise in terrorism and transnational crimes. The Court charged him with “unlawful possession of ammunition” based on Section 26(1)(c), read together with Section 26(2)(b) of the Firearms Act Cap 114 Laws of Kenya, as well as Section 26(1)(1) as read with section 26(2)(a) of the Firearms Act Cap 114 Laws of Kenya. The DCI had originally announced on 20 July that Boniface Mwangi was facing terrorism and money laundering related charges for his participation and role in organising the 25 June 2025 mobilisation, marking a year since the peak of anti-government demonstrations. They later dropped those charges under pressure from human rights organisations and civil society. Following his court appearance, Boniface Mwangi was released on bail of 1 million Kenyan shillings (approximately 6,700 Euros). His next hearing is scheduled on 21 August, 2025 at the Kahawa Law Courts.

The Observatory recalls that, in May 2025, Boniface Mwangi and Ms Agater Atuhaire, were arbitrarily arrested, then forcibly disappeared and subjected to multiple acts of torture in Tanzania, before being deported to Kenya. At the time of publication of this urgent alert, Boniface Mwangi continues to suffer from severe physical and mental pain resulting from these violations. Although their enforced disappearance and torture were condemned by United Nations experts in a joint press release on 13 June 2025, Tanzania has failed to carry out investigations and bring the perpetrators to justice.

The Observatory recalls that these incidents are part of a broader wave of repression of dissenting voices in Kenya. Human rights defenders, journalists, and protest organisers have been subjected to arbitrary arrests, torture, threats, abductions and enforced disappearances in the region. On 5 July 2025, the Observatory raised the alarm about the recent deportation from Kenya to Uganda of Mr Martin Mavenjina, a senior legal advisor at the Kenya Human Rights Commission (KHRC), about which the UN Special Rapporteur on Human Rights Defenders also expressed concern. During the 25 June 2025 commemoration, the OMCT and IMLU documented eight extrajudicial killings and 83 individuals referred to hospitals. 601 cases of police torture, 63 extrajudicial killings, and 63 enforced disappearances were also recorded during last year’s protests in Kenya. According to the Kenya National Commission on Human Rights (KNCHR), at least 31 individuals were killed during the July 2025 protests alone, bringing the total number of fatalities since June 2024 to over 100 deaths. The UN Working group on enforced disappearances called on Kenya to provide details on the measures taken to search for individuals who disappeared during or after last year’s protests, the authorities failed to demonstrate that any such efforts were made.

The Observatory strongly condemns the arbitrary arrest and ongoing judicial harassment of Boniface Mwangi which seem to be merely aimed at punishing him for his legitimate human rights work and peaceful participation in a demonstration.

The Observatory calls on the Kenyan authorities to immediately and unconditionally put an end to all forms of judicial harassment against Boniface Mwangi and urges the Kenyan judiciary to drop all charges against him.

The Observatory further calls on the Kenyan authorities to create and maintain a safe and enabling environment for human rights defenders, allowing them to exercise their fundamental rights, such as peaceful assembly, in line with Article 37 of the Kenyan Constitution, Article 11 of the African Charter on Human and Peoples’ Rights, and Article 21 of the International Covenant on Civil and Political Rights, and to carry out their legitimate activities effectively and independently, without fear of reprisals, including judicial harassment.

Action required:

Please write to the authorities of Kenya asking them to:

1. Guarantee in all circumstances the physical integrity and psychological well-being of Boniface Mwangi, as well as all human rights defenders and journalists, in the country;
2. Drop all charges against Boniface Mwangi and all human rights defenders in Kenya;
3. Put an end to all acts of harassment - including at the judicial level - against Boniface Mwangi and all human rights defenders in the country, so that they are able to carry out their work without hindrance;
4. Uphold the rights to peaceful assembly, freedom of expression, and movement, including during any future protests, in accordance with national, regional and international standards.

Addresses:

• H.E. Mr William Samoei Ruto, President of Kenya ; E-mail: president@statehouse.go.ke, X: @WilliamsRuto
• Hon. Kipchumba Murkomen, Cabinet Secretary for Interior and National Administration ; E-mail: cs.interior@kenya.go.ke, X: @kipmurkomen
• Hon Musalia Mudavadi, Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs ; E-mail: info@mfa.go.ke, X: @MusaliaMudavadi
• H.E. Ms. Fancy Chepkemoi Too , Ambassador Extraordinary and Plenipotentiary of Kenya to the United Nations in Geneva; E-mail: mission.kenya@ties.itu.int / geneva@kenyamission.ch / geneva@mfa.go.ke, X: @KenyaMissionUNG
• H.E. Mr Bitange Ndemo, Ambassador of Kenya to the Kingdom of Belgium and the European Union ; E-mail: info@kenyabrussels.com, X: @KEinBelgium Please also write to the diplomatic representations of Kenya in your respective countries

Please also write to the diplomatic representations of Kenya in your respective countries.

Geneva-Paris, 31 July 2025

Kindly inform us of any action undertaken, quoting the code of this appeal in your reply.

The Observatory for the Protection of Human Rights Defenders (the Observatory) was created in 1997 by FIDH and the World Organisation Against Torture (OMCT). The objective of this programme is to prevent or remedy situations of repression against human rights defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights Defenders Mechanism implemented by international civil society.

To contact the Observatory, call the emergency line:

• E-mail: alert@observatoryfordefenders.org

• Tel FIDH: + 33 (0) 1 43 55 25 18

• Tel OMCT: + 41 22 809 49 39