The document summarizes instances of government suppression in Kenya between October 2015 and January 2016. It discusses how the government passed laws to limit media freedom and crack down on critical reporting. It also describes how civil society groups and NGOs faced harassment, arrests of journalists and activists for their work. The deregistration of over 900 NGOs in October 2015 is presented as another tactic used by the government to suppress dissent and civic participation. Overall, the document argues that these actions by the government violate constitutional protections of freedom of expression and association.

1. TITLE: GOVERNMENT SUPPRESSION
PRODUCED BY: ELVIS LEMISO
(COMMUNICATIONS ASSOCIATE)
KENYA HUMAN RIGHTS COMMISSION
Case study: Various incidents of Government Suppression in
Kenya.
October 2015 to January 2016.

2. INTRODUCTION
“Freedom is not worth having if it does not connote freedom to err. It passes my comprehension
how human beings, be they ever so experienced and able can delight in depriving other human
beings of that precious right” these wise words of Mahatma Gandhi could perfectly suit the
current situation in Kenya for the period of October 2015 to January 2016. The case study
reviews some situations that the government of Kenya has used to suppress entities such as
media, civil society groups, and trade unions among others.
Post independent governments in Kenya systemically violated human rights and heavily
curtailed freedoms of assembly, association and expression. Members of civil society groups
were systemically harassed, intimidated, tortured and killed for attempting to exercise these
rights by denouncing vices such as corruption, torture, extra judicial killings and nepotism. Civil
society organisations who attempted to research, advocate or support communities to advocate in
the public interest were attacked, banned or even de-registered by state agents.
One of the most remarkable trends between the months of October 2015 and January 2016 was
the pressure put by the government to control media freedom, and a free space for civil society
groups to participate. An example was the draconian Parliamentary Powers and Privileges Bill
which was passed by parliament on 14th
October 2015; this was meant to silence critical
reporting that revolves around key government entities.1
The Parliamentary Powers and
Privileges Bill 2014 if its accented to by the senate and President it would contravene Articles
33, 34, and 35 of the Constitution of Kenya which entrench freedom of expression, freedom and
independence of media and the public’s right to information.
As Kenyans were still coming to terms with the provisions of the parliamentary powers and
privileges bill 2014, the Executive through the Cabinet Secretary for the Ministry of Interior
through Gazette Notice Where over 957 NGO’s were set to be deregistered due to lack of
compliance with various legislative provisions that governs NGO’s in Kenya.
1http://www.standardmedia.co.ke/article/2000179624/kenyan-mps-gag-media-block-dpp-reject-ombudsman-
amid-runaway-graftLest we Forget- The faces of Impunity in Kenya- KHRC publication August, 2011 pg1- 114,
Constitution of Kenya
2 | P a g e

3. The truth and credibility of the allegations raised by the board were sceptical, a clear suggestion
that the government of Kenya wants to suppress the Civic space by all means. Reports of online
bloggers being arrested and journalist in the county governments being locked up for reporting
news unpleasant to the authorities are on the rise. The following 2
are some of the crystal
examples that the government of Kenya has been using to suppress the freedom of participation,
information and independence of the media.
a) Suppression of the Freedoms of Expression, Opinion, Media, Assembly,
Demonstration, Picketing and Petition: Arrests of Bloggers ,Journalists and
Activists
On Sunday 24th January 2016, most of the local dallies including the Daily Nation and the
Standard reported that a former NTV reporter and blogger Yasin Juma was arrested in Donholm
in Nairobi County with allegations that he posted information on the attack of the defence forces
in El-Adde in Somalia that happened on Friday 22nd Jan 2016. Despite the fact that Article 34 of
the Constitution of Kenya3
provides for the Media freedom, this act clearly showed that the
Government is determined to curtail Media freedom by imposing threats on anyone who would
intend to publish information poised to glorify the enemy. From the example above the questions
that would arise will entail the following; was the information not in the public domain? What is
wrong with a citizen of Kenya exercising his right to freely express his or her opinion? Is this not
a form of autocracy where citizens are curtailed from speaking the truth and where the
government has failed? On Thursday 21st
of January 2016, Anthony Njoroge Mburu alias Waime
Mburu who commentates on Kiambu County politics was arrested and charged in a Mombasa
court with publishing false information. He was charged with three counts of harmful publication
contrary to section 66(1) of the Penal Code Act4
. According to the charge sheet, he is alleged to
have posted false words on social media in January 8th 2016 that were intended to cause harm to
22010
32010
463 Laws of Kenya.
3 | P a g e

4. Charlotte Wangui, who heads Sea Cross Farm in Kwale County believed to be linked to Kiambu
County Governor William Kabogo.5
Elijah Kinyanjui yet another journalist and blogger in Nakuru County was arrested on 12th
January 2016 and held for 12 hours for allegedly sharing a story that depicted alleged Nakuru
Governors’ daughter Brenda Mutanu in bad light in Nakuru Facebook and WhatsApp groups.6
His arrest was malicious as it was meant to silence him and other journalist in the county from
engaging themselves intensely in County affairs.
Another Blogger Cyprian Nyakundi has been arrested twice in January and held for more than 24
hours against the Constitutional requirement in Article 48 of the Constitution of Kenya.7
Article
488
is clear that an arrested person be taken before a court not later than 24 hours of being
arrested. Nyakundi was detained after tweeting about a construction company that was linked to
Mombasa Governor, Hassan Joho.
On 10th
November 2015, the Daily Nation Parliamentary Editor, John Ngirachu, was arrested
over a story he published highlighting questionable spending in the Ministry of Interior and
Coordination of National Government.9
The Cabinet Secretary for the ministry of Interior Hon.
Joseph Ole Nkaissery said that he would only be released after revealing his sources. The
journalist was only released after massive public outcry. On 1st
December 2015, activists
peacefully assembled and marched to state house to show support for President Uhuru’s war
5http://www.monitor.co.ke/2016/01/23/anthony-njoroge-mburu-alias-waime-mburu-charged-for-publishing-
false-statement-on-facebook/
6http://www.nation.co.ke/counties/nakuru/Nakuru-blogger-arrested/-/1183314/3031194/-/ger21pz/-/index.html
7Article 49 of the Constitution of Kenya 2010
8Of the Constitution of Kenya 2010
9http://www.the-star.co.ke/news/2015/11/10/nation-editor-john-ngirachu-arrested-at-parliament-over-sh38-
billion_c1240387
4 | P a g e

5. against corruption. They were intercepted before they got to State house. 12 were arrested and
taken to Central Police Station and 11 were held at Kilimani Police Station.10
Police have frequently used section 29 of the Kenya Information and Communications (KICA)
Act (2009),11
as grounds for arrests and prosecution. This is one of the ways that the government
of Kenya is using to suppress the freedom and independence of the media. A 25th
report on
Journalist and media staff killed done recently by the International Federation of Journalists
(IFJ) reveals that over 427 Journalists/bloggers and media personalities are killed yearly in
Africa.
The state has reared an ugly head of curtailing the freedoms of opinion, expression, media,
assembly, demonstration, picketing and petition as enshrined under Articles 32, 33, 34 and 37
respectively.12
The state has also violated Article 18 and 20 of the Universal Declaration on
Human Rights (UDHR) and Article 18, 19, and 21 of the International Convention on Civil and
Political Rights (ICCPR) That form part of Kenya’s Law by virtue of Article 2 Paragraph (5)
and (6) of the Constitution of Kenya13
. The disrespect for the rule of law by the state is likely to
breed anarchy at the grassroots level.
b) Suppression of Civic Space: NGO deregistration and The Vote Against The United
Nations General Assembly Resolution on Human Rights Defenders
The civil society sector in Kenya has been one of Africa's bravest and most vocal in the continent
acting as a model for others nations. The spread of effective NGOs in the country has placed
civil society at the heart of effective governance in the country while putting the sector in direct
10http://www.news24.com/Africa/News/kenya-police-tears-gas-corruption-protesters-20151201
11Cap 411A
12The Constitution of Kenya 2010.
132010.
5 | P a g e

6. conflict with the government. Not once, nor twice has the government of Kenya tried to suppress
the civil society groups in Kenya. On 30th
November 2015, during the Eminent People’s forum
that was organized by the Kenya Human Rights Commission, the Attorney General of Kenya,
Prof. Githu Muigai lamented that most NGO’s are using the current challenges facing the Jubilee
government to self-seek. The truth and credibility of his sentiment barely came after the NGO
Coordination board led by Fazul Mohammed as CEO on 28th
October 2015 threatened to
deregister NGO’s that failed to account their financial credibility audit.14
However, all this was a clear trumpet that the government wants to suppress the operation of the
civil society groups who for a long time have acted as the as the voice of the country. Kenya
Human Rights Commission has for instance engaged with the ICC case that involves the Deputy
President William Ruto and his co-accused Joshua Sang and therefore it’s deregistration would
have halted the involvement of the commission in the case.
A common argument that the government has used to justify restrictions on civil society is that it
is important to coordinate the work of NGOs to avoid overlaps with the government. This is a
justification made in the Jubilee manifesto. Some NGOs have also been labeled as terrorists,
rebels or criminals, and therefore proper regulation needs to be put in place since they are a
threat to national security as it happened to Muhuri Africa they were subjected to impromptu
audits from the Kenya Revenue Authority and whose accounts were frozen, after being put on
the terrorist supporters list.15
The government was unable to provide evidence to prove this.
On 25th
November 2015, the United Nations General Assembly (UNGA) adopted the resolution
titled “Recognizing the Role of Human Rights Defender and the Need for Protection”. The
resolution acknowledges the vital role that Human Rights Defenders (HRDs) play in building
and maintaining open and democratic societies. 117 member states voted for the resolution. It
was shocking when Kenya joined ranks with countries such as Russia, Nigeria China, Syria,
14http://www.aljazeera.com/news/africa/2014/12/kenya-closes-down-hundreds-ngos-
20141216124722577348.html
15http://www.nation.co.ke/news/957-NGOs-to-be-deregistered-for-financial-
malpractice/-/1056/2933956/-/ffetmuz/-/index.html
6 | P a g e

7. Burundi, Sudan and Pakistan to vote against the resolution16
. The state’s position was a
perpetuation of the government’s attempts to close civic space. It revealed the negative lens
through which the state views civil society.
The suppression of civic space demonstrates that the government is intent on gagging civil
society. The Kenyan Civil Society has been at the forefront in defending the poor, weak and
vulnerable Kenyans from cannibalization of their rights by the government. CSOs have
capitalized on Articles 22 and 258 of the Constitution to defend the rights of Kenyans. The
shrinking of civil space is an infringement of association as encapsulated under Article 36 of the
Constitution. Article 36 provides registration of an association may not be withheld or withdrawn
unreasonably; and there shall be a right to have a fair hearing before a registration is cancelled. It
is therefore questionable why the government deregistered NGOs without according them a fair
hearing.
c) Suppression of Labour Rights: Castration of Trade Unions
The Trade Union Movement in Kenya that has since independence been an important feature of
Kenya’s history, is a product of economic, social and political struggles. It has evolved through
difficult situations created mainly by the colonial Post independence Governments to defend and
champion the rights of workers. These trad unions in Kenya include; the Kenya National Union
of Teachers (KNUT) COTU, PUSETU, Kenya Medical Association (KMA) , Kenya Medical
Practitioners and Dentists Union, Kenya plantation of and Agricultural Workers Union among
others.
Amidst the presence of all the unions, the movements have long ceased to be a post-
independence partner but a sworn enemy of the government. Strikes have violently crashed;
leaders summoned and grilled with an attempt to destabilize their operations so as to forcefully
yield to pressure of the government.
16Other reference: Daily Nation Newspaper (28th October 2015) 957 NGO to be deregistered for financial
malpractice. The Standard Newspaper (29th October 2015) List of NGOs that risk deregistration. Africa News and
Analysis website (29th October 2015) Kenya to deregister over 900 NGOs including human rights commission.
Kegoro, G. (December 19, 2015) “Kenya Taking Sides With Countries Against Human Rights”, Daily Nation.
7 | P a g e

8. Over the years unions have fought their battle hard with the successive governments while
championing the rights of their union workers for example recently the Kenya National Union
of Teachers (KNUT) sued the Teachers Service Commission (TSC) for failing to remit their fees.
The withholding of union fees started when KNUT was involved in a nationwide teachers strike
for the entire month of September 2015.17
Withholding of their union fee was a way for
government to paralyse the operations of the union.
Another union that has been in the verge of collapsing is the Kenya Coffee Producers
Association. For almost a decade now, cartels have infiltrated the union and taken advantage of
the innocent hardworking farmers who are doing everything to make ends meet. Over the last
seven years in an audit report released in December 3rd
2015 suggested that over 28bn shillings
have been lost with 4billion shillings being lost annually.18
These loses have created a state of
confusion with the producers as they blame a syndicate of a political chain in the union whose
aim is to see farmers suffer.
The state’s multiple attempts to weaken trade unions fly in the face of Article 41 (4) of the
Constitution, Article 23 of the UDHR and Article 22 of the ICCPR. The provisions empower
trade union determine their own administration, programmes and activities to organize; and to
form and join a federation. It’s contrary to Sections 4 & 8 of the Labour Relations Act.19
By
intervening in the teacher’s strike and purporting to direct the TSC, the governments further
violated Article 249 (2) of the Constitution.20
The blatant violations paint the state as the flag-
bearer of impunity. 21
d) Suppression of Independent Institutions: Attempts to Muzzle the Judiciary and
Independent Institutions
17http://www.knut.or.ke/index.php/latest-news/77-kenyan-treasury-faces-cash-crisis-after-teacher-s-
salary-award
18http://www.agribusinessafrica.net/index.php/2811-report-catalogues-how-coffee-cartels-have-
siphoned-kenyan-farmers
19Cap 233. Laws of Kenya
202010.
8 | P a g e

9. Article 159 of the Constitution of Kenya provides for exercise of judicial authority in Kenya. In
as far as this Constitutional provision is precise on the exercise of Judicial Authority in Kenya;
the Governments attempt to amend the Judicial Service Commission Act22
has watered down the
provisions of this Article.
This was clearly depicted through the amendment to Section 30 (3) of the Judicial Service Act23
vide the Statute Law (Miscellaneous Amendment) Act24
. The amendment deleted subsection (3)
of the Act and substituted it with a new section that provides that the Secretary of the Judicial
Service Commission (JSC) shall forward the names of 3 qualified persons for each vacant
position to the president. The section is intended to give the president powers to exercise
discretion to appoint a Chief Justice who can be manipulated by the executive. This is a
retrogressive move that will reduce the confidence of Kenyans in the Supreme Court and the
entire judiciary. It is abominable that the executive is keen on overriding the doctrine of
separation of powers that is anchored in Article 1 of the Constitution of Kenya. 25
Conclusion
21Other reference:Daily Nation Newspaper (27th October 2015) TSC fails to collect millions of shillings for
Unions. Daily Nation Newspaper (16th Nov 2015) How ruthless coffee mafia enslaves Kenya. The Standard
Newspaper (11th August 2015) How coffee cartels have siphoned Sh28bn from Kenyan farmers in 7 years. All
Africa website (17th November 2015) How groups of farmers overcame cartels in Kenya. KNUT vs. JSC CASE
NUMBER: Petition No.3 of 2015-Teachers service Commission (TSC) VS Kenya National Union of Teachers
(KNUT) and three others (2015)
22Number 1 of 2011
23Number 11 of 2011.
242015.
25Other reference; Justice Jackton B. Ojwang (24th and 28th
June 2008) paper on the Independence of the
Judiciary. Development through Media website (27th
July 2015) general debacle costs Kenya’s IEBC public trust.
The Star Newspaper (11th
Feb 2016) Cord claims Jubilee plot to break IEBC. Article 160 of the constitution of
Kenya, granting Independence of the Judiciary
9 | P a g e

10. In conclusion, where justice is denied, where poverty is enforced, where ignorance prevails and
where any one class is made to feel that society is an organized conspiracy to oppress, rob and
degrade must know that a time of reckoning will come. A free nation, a free society is the one
that respects the rights of its citizens. Article 21 mandates the State to observe, respect, protect,
promote and fulfil the rights and fundamental freedoms in the Bill of Rights. The rights can only
be limited if the threshold set under Article 24 is met. The case studies show that the state has
become wayward as it rides roughshod on the local laws, the constitution, and international
instruments. The current regime is keen to do everything possible to return Kenyans to the dark
dictatorial days. It is upon the civil society to step in and defend the rights and fundamental
freedoms of the minorities, marginalized groups, and all Kenyans.
Recommendations
1. Regular reviews of the laws enacted by parliament to monitor whether they infringe on
fundamental rights and freedoms
2. Consistent documentation and publication of the violations orchestrated by the state.
3. Addressing the state through press statements, mainstream media, and social media. The
state caves in to pressure as happened in John Ngirachu’s case.
4. Institution of Public Interest Litigation to stop violations orchestrated by the state as well
as to hold the state accountable for breaching the constitution and international
instruments.
5. Public awareness to empower citizens to know their rights and report violations.
6. Strengthening the partnerships between the State and Civil Society Organizations so that
they can work together to defend the nascent constitution.
10 | P a g e