Following swearing in of president William Samoei Ruto On September 13, 2022,as the fifth President of the Republic of Kenya.The President assumed office with a solemn pledge to enhance the recognition, promotion, and enjoyment of human rights and fundamental freedoms for all Kenyans.
As the country reflects on the first anniversary of President Ruto's tenure it offers an opportunity to kenyans to check the journey the nation has travelled under his leadership as a measure to foresee the government performance and directions interms of leadership,foreign policy,delivery,and the state of the nation through shining a light on the promises made in the party manifesto and policy pronouncements therefore holding the government accountable.
The progress in appointment of a senior pathologist is indeed a positive development, indicating a commitment to improving the investigation of reportable deaths. However, the full implementation of the Coroner General's Office is imperative;
The completion of the Human Resources instruments in readiness for appointment of the Coroner General;
The government's commitment to resolving all judgments and orders against it within a 60-day timeframe is certainly commendable such as the appointment of Court of Appeal judges and facilitating the return of Miguna Miguna;The disbandment of the Special Service Unit (SSU) marked a significant step in the right direction establishment of a task force on police and prison reforms, under the capable leadership of retired Chief Justice David Maraga, represented a promising stride towards creating a dignified work environment for our law enforcement officers according to human rights lobby group IMLU.
In a bid to achieve financial independence for the National Police Service, the appointment of a Principal Administrative Secretary (PAS) as the accounting officer was a pivotal step in the right direction. This appointment aimed to ensure that the police could operate autonomously, free from undue influence.
Report from daily monitoring in the last 12 months demonstrate that the government has performed dismally with regard to democratic policing and protection of human rights and fundamental freedoms. Indeed the freedom of assembly, association, expression and media freedom has faced unprecedented threats.
Enhancing police oversight (IPOA and NPSC) and creating an ombudsman to monitor human rights violations is key with the current government committment to ending extra-judicial executions and enforced disappearances.IMLU report from October 1, 2022, to August 31, 2023,documented 482 cases of torture and related violations (TRVs)more than double the cases documented in a similar period between the years 2021-2022 which marks a staggering increase of 250 cases increase compared to the 232 violations reported in a similar period while October 1, 2021, to September 30, 2022. Out of these 351 were torture, inhuman, degrading treatment or punishment, 128 were extrajudicial executions and three were enforced disappearances.
Majority of victims/survivors were young male adults aged 18-35 years, accounting for 314, while those aged 36-65 years constituted 121, 0-17 years comprised 44, and those over 65 accounted for 3 persons. Majority ,415 being male and 67 female the significant increase in cases of torture and related violations (TRVs), from 232 in the previous year to 482 in the period from October 2022 to August 2023, indicates a failure to curb police abuse of power including excessive, unnecessary, illegal and disproportionate use of force and firearms.
Accountability has dimmed as a result of police refusal to record complaints from victims of police abuse, and failure to report all injuries and deaths to IPOA as required by law. The denial of Occurrence Book numbers, P3 Forms, and the lack of investigations into police misconduct contribute to a lack of accountability and impunity.
IPOA role in police oversight does not extend to covering all perpetrators, including those from the military, Kenya Forest Service, and Kenya Wildlife Service, especially where the latter are not operating under police command. This limitation in its jurisdiction undermines its ability to comprehensively address enforced disappearances and other gross human rights violations perpetrated by various agencies.
Ensuring Compliance with Court Rulings,government's commitment adhering to all judgments and orders against it within a 60-day timeframe is certainly commendable. Yet, despite some notable progress, such as the appointment of Court of Appeal judges and facilitating the return of Miguna Miguna, there are critical areas where significant action is still needed especially in the non-operationalisation of key legislations, namely the Public Benefits Organisation (PBO) Act and the establishment of the County Policing Authority, remains a source of concern. These legislative measures are essential for enhancing governance and accountability at both national and local levels, and enabling the non-profit to be more effective in serving the national development agenda.
The lobby group has demanded that the President prioritises the protection and enjoyment of fundamental human rights. Freedom from Torture and related violations is not a privilege but an inherent right that must serve as a guiding principle for all governance endeavours,the President should recognise and support investigative and oversight institutions including the Kenya National Commission on Human Rights (KNCHR) and IPOA,Establish a special tribunal to investigate and adjudicate cases of gross human rights violations including extrajudicial executions, enforced disappearances, torture and inhuman treatment.
The government must take immediate decisive action to end torture and avert resurgence of the dark days of torture.
