Rights groups condemn arrest of three human rights activists

Human rights organizations have raised concern over what they describe as a state-orchestrated suppression on civic freedoms following the arrest of three activists.

John Mulingwa Nzau aka Garang, Mark Amiani alias Generali, and Francis Mwangi also known as Chebukati, were apprehended in Machakos County on Friday evening and are detained at Muthaiga Police Station in Nairobi.

The organisations condemned what they termed as arbitrary, unjustified arrests designed to intimidate human rights advocates and shrink civic space in the country.

“These three brave men are not criminals. They are recognised and respected grassroots and community-based human rights defenders. For years, they have stood on the frontline of the struggle against state violence, extra-judicial killings and police brutality, especially within Nairobi’s informal settlements,” said Hussein Khalid, Chief Executive Officer of VOCAL Africa.

According to the Police Reforms Working Group, which represents a coalition of over 20 civil society organizations, the arrests are politically motivated and violate constitutional protection of the three.

“We strongly disagree with this narrative. We urge the state to not use the events of June 25 as a pretext for criminalising peaceful protest, silencing dissent, delegitimising human rights work, and shrinking civic space protected by our constitution,” said PRWG in a joint statement.

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Some of the group's members include Amnesty International Kenya, Independent Medico-Legal Unit (IMLU), Defenders Coalition, Katiba Institute, Kenya Human Rights Commission (KHRC), FIDA Kenya, HAKI Africa, and the International Commission of Jurists (ICJ Kenya), among others.

Police allege the trio was involved in property destruction during the June 25 protests held across the country, but rights groups maintain these claims are baseless and serve to deflect attention from police violence and the infiltration of peaceful demonstrations by politically-sponsored gangs.

“The excuse being peddled by the Directorate of Criminal Investigations (DCI) that the Muthaiga three were involved in mobilizing ‘goons’ is not only baseless, absurd and offensive but also a dangerous and calculated lie,” said Khalid.

He added that there is overwhelming picture and video evidence that confirms the collusion between rogue police elements and violent goons. Khalid, accused both government and opposition politicians of deploying gangs to infiltrate peaceful demonstrations and delegitimize calls for accountability.

According to PRWG, the three have immensely contributed to justice and accountability work in the country.

The organisations expressed concern over reports that Mulingwa, Amiani and Mwangi were denied access to lawyers, family, and friends while in detention, terming the treatment a violation of their fundamental rights.

“This is not just a gross violation of their fundamental rights but also a deliberate act of intimidation and suppression, carried out by a government increasingly intent on criminalizing civic dissent and destroying the very constitution it swore to uphold,” said Khalid.

PRWG further warned that the operating environment for frontline human rights defenders in the country is worsening.

“Threats including surveillance, assault, arbitrary arrest, illegal detention and criminalization are on the rise,” the group noted.

PRWG urged the National Police Service to immediately and unconditionally release the three, while calling for the cessation of all acts of intimidation, harassment, and reprisals against human rights defenders.

According to Khalid, the arrests is part of a broader and more sinister agenda to overthrow the Constitution of Kenya by systematically dismantling the right to protest, freedom of expression and space for civic engagement.

“Let it be known far and wide that the arrest of the Muthaiga three is not an isolated incident. This is a test of our national resolve, a moment that demands clarity, courage and collective resistance,” noted Khalid.