Kenya sliding into repression as leaders plot to silence the critics

This week, Kenya was downgraded from the “obstructed” to “repressed” category in the influential CIVICUS State of Civil Society report.

With several events planned over the next two weeks, what can the Kenya Kwanza administration, independent state institutions, civic organisations and citizens practically do to recover Kenya’s standing in the world?

The world’s most respected CSO global alliance CIVICUS 13th annual report on the State of Civil Society is timely. It comes a few days before the world marks International Human Rights Day on Tuesday, 10th December.

The report is depressing reading. Conflict and repression are rising globally. Fueled by violence in Sudan, Ukraine and Gaza, civilian casualties are up 62 per cent from 2023. 114 million people, twice the population of Kenya, are internally displaced and on the run. 72 per cent of the world’s people now live under authoritarian and increasingly unstable, political systems. 118 countries restrict free association, expression and assembly. The rights of women, non-binary persons, refugees and poor people are being directly attacked.

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Laws that have protected up to now are being challenged in courts. New anti-organised crime laws are being used to silence leaders and organisations demanding better climate governance, and an end to corruption and human rights abuses.

Not surprisingly given the violent government suppression of nationwide protests in June and July, Kenya’s ranking has been downgraded from “obstructed” to “repressed”. The excessive use of police force, intimidation and obstruction to stop public concerns with corruption, punitive taxation, violence against women and an end to human rights violations drive this downward spiral, the report notes.

Over the next two weeks, there are opportunities to lift Kenya’s standing if, and the crucial word is if, leadership can transform the governance spaces that matter. There is a policing policy reforms working group underway steered by the Interior Ministry.

Stopping the current impunity for serious crimes committed by police, de-militarising police-public encounters, disbanding the “profile and seize” multi-action team and increasing public-police dialogues is the way out of the current crisis.

The immediate joint public apology by the Inspector General and Director, of Criminal Investigations for recent assaults on journalists Willy Insige, Agnes Oloo and William Moiga was welcome. We hope it also comes with action against the yet-to-be-named officers. A thorough investigation and swift and fair judicial hearing pronounced Jackton Odhiambo guilty of sexually assaulting and killing LGBTQ activist Edwin Chiloba this week. Given the legal discrimination LGBTIQ persons often face, that the sentencing has been completed in under two years is encouraging. With the gazettement of the new Independent Policing Oversight Authority directors yesterday, for the first time in four years, the National Police Service and IPOA are under new management.

While they face solid public cynicism that they will chart a different path from their predecessors, another opportunity for them to collaborate and demonstrate fidelity to their independent mandate and not, “orders from above”, has arrived.

Both the global outlook described so vividly in the CIVICUS report and the national outlook require sober leadership from those that govern and hold the monopoly of violence. Mining Cabinet Secretary Hassan Joho lost his temper this week, threatening those who criticise the government that “he will come from them”.

President Ruto, who was present, must restrain his diverse Cabinet and other leaders from further alienating his government from the public. The next General Election looms closely with each day. Interactions like these will not lead his administration to a second term.

As the Judiciary opens the first High Court Human Rights Summit and the world marks International Human Rights Day 2024, civic, public and business leaders must find ways of reducing the patterns driving us to Bangladesh, Myanmar and other countries at the bottom of the world ranking.

Kenya needs cool-headed leaders guided by the rule of law and able to offer leadership, not threats and more violence.