KNCHR accuses State of killings, abductions and violation of human rights

At least 60 people were killed during the Gen-Z protests held in June and July this year, a report by Kenya National Commission on Human Rights (KNCHR) has revealed.

The damning report also revealed that 74 protestors were forcefully disappeared between June and November 2024, out of which 26 are still missing.

The statistics points to disturbing trend worsened by increasing unresolved murder cases involving security agencies.

The commission also documented 1,376 arbitrary arrests and 610 cases of injuries sustained by protestors ranging from deep fractures, bullet wounds, soft tissue injuries, and inhalation of tear gas.

“Most of the injuries were inflicted by the security officers against the protestors. The Commission also documented 25 injuries inflicted on security officers by the protestors,” said the commission’s vice chairperson Raymond Nyeris during the release of the report.

The KNCHR State of Human Rights Report 2023/24 which was released on Wednesday covered a period of eighteen months between July 2023- November 2024.

“The enjoyment of the Right to life is sacrosanct regardless of circumstances. During the year under review, violations of this right were witnessed during the Anti-Finance Bill demonstrations, which took place between June and July 2024,” she noted.

According to Nyeris, the unprecedented surge of femicide cases with at least 97 women having being killed in the past three months, is a troubling trend calling for expedite investigations by relevant agencies to bring the perpetrators to book.

“What is more troubling is the brutality in which these femicide cases are carried out. A case in point was the discovery of about ten decomposing bodies, all women, from Kware dumpsite in Mukuru area of Nairobi,” said Nyeris.

She said that the Commission commended the Inspector-General of Police for acknowledging that deaths had indeed occurred during the demonstrations and called upon him to expedite investigations.

“We call upon the Independent Policing Oversight Authority (IPOA) to investigate and recommend charges against any officers implicated in extra-judicial killings.”

“We continue to witness and record the cruel, degrading, and inhumane treatment of persons taken against their will,” said the commissioner.

Nyeris noted that “the daring happenings recorded on videos and photographs, some even displaying civilian and security agent number plates, are rapidly taking the country back to the dark days of our history.”

As a way of addressing the increasing cases of enforced disappearances ad extra-judicial killings, the commission called on criminalisation of enforced disappearances and the ratification of the International Convention for the Protection of all Persons from Enforced Disappearances.

“The Commission reiterates its call for the full operationalisation of the National Coroners Service Act so as to support investigations on deaths caused by violent criminal acts, extrajudicial killings or deaths in custody,” said Nyeris.

The National Coroners Serviced Act, if operationalised, will establish a legal framework to investigate mysterious violent and unexplained deaths in the country.

The commission also took issue with suppression of media freedom by the state citing escalating violence and threats against journalists on duty.

The Media Council of Kenya reported over 24 incidents of journalists being injured during the recent anti-finance protests.

Further, the commission noted that the confusion resulting from the transition from the National Health Insurance Fund (NHIF) to the Social Health Insurance Fund (SHIF) has caused untold suffering of millions of Kenyans threatening their constitutional right of access to quality heath.

With disruptions in access to life-saving treatments such as dialysis, cancer therapies, and maternal healthcare, the commission said that the challenges that have marred the transition exposes the vulnerable groups.

“KNCHR remains concerned about the elimination of out of pocket expenditure by patients. Cases of under-serviced hospital equipment and other equipment lying unused in the Counties continue to cripple the enjoyment of the right to health,” she added.

At the same time, the commission criticized the government for disrupting education in the universities though introduction of the New Higher Education Funding Model which they said disadvantages students from poor families.

Instead, the commission called on the government to strengthen the already existing Higher Education Loans Board before re-introducing another entity.

“The Commission notes with concern the challenges facing our public universities that are inadequately funded and barely functional, as well as the ongoing lecturers’ strike,” said Nyeris.

He added,” The Commission calls upon the government to negotiate with the Universities Academic Staff Union (UASU) so that studies may resume.“