International Commission of Jurists (ICJ) Documents 23 Deaths, 34 Abductions, Invokes IPOA for Further Probe

The International Commission of Jurists (ICJ) has documented 24 deaths, 34 abductions, and 271 injuries resulting from the protests.

In a letter addressed to the Independent Policing Oversight Authority (IPOA), the commission urged for thorough scrutiny and investigation. It asserted that the events during the demonstrations undermined democratic principles and the rule of law.

In a strong condemnation of the severe human rights violations observed, the commission highlighted the worsening situation exacerbated by ongoing nationwide civilian protests against the proposed Finance Bill and other significant national issues.

“So far, we have documented 23 deaths, 34 enforced disappearances/abductions and 271 injuries,” the letter read in part.

Other violations documented and forwarded to the IPOA include corporal punishment and the use of unlawful force and firearms.

The nationwide public dissent has been notably vocal since May 2024, culminating in the latest protest on 28 June 2024.

The commission sought to allay fears that the situation could escalate further following the approval and deployment of Defence Forces across all counties.

“With the deployment of Defence Forces following the approval by Parliament on 26 June 2024, we are apprehensive that the situation could worsen.”

According to the ICJ, the reported attacks on civilians by security agencies contravene international human rights standards, including the International Covenant on Civil and Political Rights (ICCPR), to which Kenya is a signatory, as well as the Kenyan Constitution.

Article 37 of the Constitution of Kenya 2010 and Article 21 of the ICCPR protect the fundamental right to peaceful assembly. They affirm that every individual has the right to assemble, demonstrate, picket, and present petitions to public authorities in a peaceful and unarmed manner.

The UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials stipulate that lethal force should only be used in exceptional circumstances and when necessary to protect life.

The commission has urged IPOA to swiftly investigate instances where these human rights principles and laws have been violated.

“We thus implore the Independent Police Oversight Authority (IPOA) to investigate these instances expeditiously and in great detail.”

“Individuals in charge of approving and executing the use of fatal force, making arbitrary arrests, kidnappings, and forced disappearances must be held accountable and prosecuted.” the commission insisted.