US censures Kenya government over human rights violations during protests

President Joe Biden’s administration has censured the Kenyan government’s handling of anti-government protests and demanded immediate action against human rights violations.

The visiting US Department of State Under Secretary for Civilian Security, Democracy, and Human Rights Uzra Zeya expressed her country’s deep concern with police brutality, saying it is in breach of Kenya’s 2010 Constitution.  

At the end of her two-day inaugural visit to Kenya, Ms Zeya affirmed her country’s commitment to upholding the rule of law and respect for human rights, in the wake of cases of forced disappearance, abductions and arbitrary arrests.

While addressing the press at the US embassy ahead of her departure, Ms Zeya disclosed that she underscored the importance of free expression, free assembly and free press for a democracy to thrive when he met with Kenyan President William Ruto, state agencies and top government officials.

“In my discussions with President Ruto and senior Kenyan officials, I condemned violence committed against peaceful protestors, human rights defenders, and journalists, and urged protection of the fundamental freedoms of peaceful assembly and expression, as enshrined in Kenya's constitution,” she said.

“I also underscored the critical importance of security forces exercising restraint, rejecting violence in all its forms, and prompt investigations of and accountability for disappearances, excessive use of force, and other human rights abuses.”

She noted that her visit to Kenya came at a time when the country is experiencing a challenging moment for Kenya’s democracy in dealing with youth-led protests over governance, especially fighting corruption.

Public pledges

“I encouraged President Ruto to take concrete action on his recent public pledges to strengthen the rule of law, champion anti-corruption initiatives and advance accountability within his government,” said Ms Zeya, just hours before the much publicized ‘Nane Nane’ protests.

 “I think the key question is the implementation of these commitments into action. One specific area… is the importance of investigating reports of security force abuses, prosecuting those found to be responsible and ensuring that accountability is achieved.”

Apart from the president, she met with the National Security Adviser Monica Juma, Chief Justice Martha Koome, and senior officials from the Interior Ministry, law enforcement, and anti-corruption sectors. 

Although she noted that she was on a follow-up trip following President Ruto’s state visit to the US, the present situation falls squarely in her office to ensure the rights of Kenyans to assemble and protest as per Article 37 of the constitution are respected.

In an interesting turn of events, even after the government made its commitment, a bill by Mbeere South MP Geoffrey Ruku on public assembly and demonstration was introduced in the National Assembly for the first time.

It seeks to introduce stringent measures on how Kenyans can protest, including imposing a fine and imprisonment in the way picketing will be conducted. It will give the government sweeping powers to clamp on Kenyans expressing their democratic right.

Also, the ‘big brother’ concerns come when civil society reports indicate that over 50 Kenyans have lost their life in the protests, around 400 injured and others missing. The media has also not been spared.

60 people are missing

Human rights organisations say more than 60 people are missing after being abducted by state agencies.

“US security systems, partnerships, and cooperation programmes are also subject to US law that requires that we are vigilant with respect to our partners upholding human rights and where there are allegations of gross violations of human rights we have to be attentive and call for accountability,” she stressed.

Ms Zeya disclosed that she also heard from and engaged Kenya's civil society, including young changemakers and democratic reformers, working to advance a better future for all Kenyans.

“As President Biden declared in welcoming President Ruto to Washington for his historic State visit, our two nations have shared responsibility to meet ‘together, as partners - for security, for prosperity, for innovation, and most importantly, for democracy’".

On media, she also insisted free and independent media are indispensable to thriving democracies as it is the only mirror to show the world the happenings.

On the regional front, she said the US is deeply appreciative of Kenya's active leadership in addressing conflict across the African continent and around the world including Northern Ethiopia, eastern DRC, and South Sudan to recent efforts combating al-Shabaab extremists in Somalia, Kenya plays a leading role in advancing regional peace and security.

She also lauded Kenya's leadership of the Multinational Security Support Mission (MSS) in Haiti.

“This vital effort, for which we are contributing $300 million in U.S. logistics, equipment, and materiel support, will help bring much-needed relief to the Haitian people.”

She emphasized Kenya’s longstanding partnership with the US in supporting refugees, asylum-seekers, and other vulnerable populations in need. “As the fifth largest refugee host on the African continent, Kenya plays an immense and generous role in hosting hundreds of thousands of vulnerable people fleeing conflict and persecution.”

“We welcome and recognize Kenya's efforts to promote the socioeconomic inclusion of refugees, including the innovative Shirika Plan to transition refugee camps into integrated settlements,” she said.

Ms Zeya explained that the US has provided more than $306 million in humanitarian assistance across Kenya, including nearly $55 million specifically for refugee response.

“We also appreciate Kenya's partnership in helping us reach our target of resettling a record number of refugees from the African continent by the end of this fiscal year — one more example of how deeper cooperation benefits both our societies,” she said.

She added that the US stands ready to deepen cooperation with the Kenyan people and government to help the countries’ democracies meet the moment and deliver for our citizens, the region, and the world.