In October 2024, Kenya, alongside Democratic Republic of Congo, Ethiopia, Benin, Gambia, and Ethiopia, was elected to serve a three-year term at the United Nations Human Rights Council (UNHRC), presenting it with an opportunity to contribute to the global human rights discourse but most importantly impress upon its human rights record.
However, there has been discontent, with civil society organisations pointing out that the election was contrary to the Council’s founding resolution (60/251, March 2006), which requires members to uphold the highest human rights standards.
In its bid to be elected, Kenya did not only promise full implementation of the Universal Declaration of Human Rights (UDHR) but also the 2010 Constitution, which is expectant of a human rights state.
It is assumed that Kenya was keen to sit at the UNHRC to demonstrate to its peers that it commits to respecting, protecting and fulfilling human rights.
However, the regime has continued to commit serious atrocities and crimes against the public with little to no redress. Many people have fallen victim to gross and systemic human rights violations that verge on crimes against humanity, infringing on Kenya’s national, regional, and international obligations.
Even worse, individuals involved in protecting and promoting human rights have continued to be targets of reprisals, and attacks and some have paid the ultimate price – death!
To illustrate this, I highlight the most recent case where a human rights advocate lost his life in unclear circumstances. Molo-based human rights defender Richard Otieno, aka ‘Molo President’, was fatally attacked on the night of January 18, 2025 near his home, 200 metres from Elburgon Police Station.
Mr Otieno was vocal against poor governance and called for accountability in Molo Constituency. For this reason, he was a target of threats and intimidation, and had raised concerns over his safety and security.
On February 3, 2025, five suspects were arrested and arraigned in court in connection to his murder.
Otieno’s is just one of the cases that the Defenders Coalition has documented. Some cases have been resolved through successful prosecution while the status of many remain unknown.
The murder cases of Elizabeth Ekaru, Sheila Lumumba and human rights lawyer Willy Kimani have been successfully prosecuted. However, those of Johanna Strcutchury (2021), Esther Mwikali (2019) Carol Mwatha (2019), Paul Ndirangu (2020) remain unaddressed.
As Kenya settles at the HRC, it is paramount that it makes deliberate and decisive decisions that protect rights advocates in line with the Declaration on Human Rights Defenders (DHRDs)- a declaration that crystallises the concept of a human rights defender, implores the rights and responsibilities of states and individuals in protecting human rights, and provides a framework for ensuring a safe and enabling environment for Human Rights Defenders (HRDs).
In January 2020 during its periodic peer review, Kenya received numerous recommendations on ensuring the safety of HRDs, investigations in cases of their attacks and creating an enabling environment for them to work. Importantly, it was recommended that the country creates a law or policy to guarantee their safety and security. Unfortunately, these recommendations were partially or not implemented. It is worth noting that Kenya is coming up for review under the fourth cycle in May 2025. Of concern is that the same issue raised four years ago will resurface, recommendations will be made, and there are high chances the same will not be implemented.
As an opportunity to break the vicious cycle of unkept promises, Kenya can domesticate the DHRDs (1998) by enacting a national law that creates an enabling operating environment for HRDs. Several attempts towards the domestication of the same have been made through a joint model policy and action plan developed by the Defenders Coalition and the Kenya National Commission on Human Rights to recognise, protect, and support their work, recognising their critical role in promoting and protecting human rights in Kenya. Despite many years of advocacy for the model law to be considered by the legislature, it remains on the shelves of the AG’s office.
By Obino Nyambane