The OHCHR highlighted the number of deaths and injuries among protesters as well as the looting and destruction of property by unidentified individuals during clashes with security forces in the capital, Nairobi, and other cities. The OHCHR indicated that at least 10 people were killed and over 80 were injured, including both civilians and police officers. Additionally, the UN office noted that security forces employed lethal ammunition, along with rubber bullets and tear gas, to control the protests.
UN High Commissioner for Human Rights, Volker Türk, called on Kenyan authorities to investigate the reported deaths and the violent incidents that occurred during the protests. He emphasized the importance of holding accountable those responsible for the violence and urged the Kenyan government to refrain from using force, in accordance with international human rights laws governing the use of force by law enforcement agents. Finally, Türk stressed the need for the government to uphold the rights to freedom of expression and peaceful assembly, while addressing the root causes of the protests. He reminded the Kenyan authorities that the OHCHR stands ready to support them in addressing these challenges and investigating the reported violence.
According to the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, authorities and law enforcement agencies must carefully assess and control the deployment of non-lethal weapons. The fourth principle states that law enforcement officials may use firearms only when strictly necessary and if other means would be ineffective. In such cases, officials are required to follow the guidelines outlined in the fifth principle, which includes the obligation to act proportionately to the severity of the offense and to minimize damage and injury to individuals.
The OHCHR’s statement came one day after a mass demonstration took place in Kenya, commemorating the July 7, 1990 protest, which called for the end of the one-party state. This event was the latest in a series of violent protests that have escalated since the death of activist Albert Ojwang, who was found dead in police custody in June. His death sparked mass protests reminiscent of the 2024 demonstrations against tax increases proposed by the government in the 2024 Finance Bill, which have expanded to include police violence and the corruption of government officials.
Thirty-five years later, history is repeating itself with people rallying in widespread discontentment with the current government. Yesterday began with the blocking and barricading of the major roads leading to the Nairobi Central Business District (CBD) ahead of the planned protests. The protesters were not relentless, as this move was countered by the generation of a navigation app that would give live updates on the active barricades and police formation maps within Nairobi. Groups of people started gathering in various estates within Nairobi, and by 11 am, reports of face-offs between the police and the protesters started hitting different newsrooms. The Secretary General of the Kenya Medical Association soon thereafter issued a statement condemning the blocking of roads as medics were unable to reach casualties from the protests.
The protests were infiltrated by unknown assailants who were seen looting shops not only in Nairobi but also in other parts of the country. As the day went on, the degree of police measures turned extreme, with the police not only using teargas cannisters and water cannons, but live bullets as well which is only permitted as measures of last resort. This resulted into quite a good number of fatalities as the first casualty was caught by a stray bullet while on his way back from work. By sundown, 19 deaths were reported with close to 44 injuries and 34 arrests. A 14 year-old b0y was reported to have succumbed to gunshot wounds during the police confrontation.
A group of individuals with unmarked vehicles who were believed to be police officers in plain clothing were seen entering the streets and shooting directly at protesters. This move was in total disregard of the High Court judgement that was issued in 30th April this year that declared that the use of plain clothes police officers to manage protests defeats the ends of Article 37 of the Constitution of Kenya 2010 – on exercising the right to assembly, demonstration, picketing and petition a public Authority, and subsequently cannot be used to subdue persons exercising such rights. According to local news, the vehicles were termed as ‘Death Squard in Subarus’
Goons who were seen infiltrating the protests were also believed to have been state sponsored with a Kenyan CNN news reporter confirming that a Nairobi politician offered the paid goons a bonus if they attacked him while covering the protests. The reporter also stated that pro-government voices were calling for his arrest.
At this point, human rights atrocities in Kenya are beyond mere sporadic events, as they tend to follow a certain sequence. When the country commemorated the June 25th finance bill protests last monh, the same set of events took place and the number of deaths has even doubled this time around. All of these are taking place in the backdrop of existing legal frameworks that are supposed to protect the people. The question that now lingers is that when the duty-bearer has turned against the right-holder, where should the people turn?
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