ICJ wants state to take responsibility for killings of protesters

Anti-riot police officers disperse anti-government protestors at Kitengela, Kajiado County on July 16, 2024. [Peterson Githaiga, Standard]

The International Commission of Jurists (ICJ) has expressed concern over deaths and arrests following the anti-government protests. 

The human rights lobby group wants the government to take responsibility for the deaths of about 50 protestors who were brutalised by police officers quelling the demonstrations that have so far left more than 360 persons injured.

The Kenyan delegation led by Protas Saende said the era when authoritarian regimes reigned terror on its citizens is long gone.

"We have been woken up from our slumber by our young people who have said enough is enough," said Saende.

He spoke on Monday in Nairobi where ICJ is holding a three-day conference dubbed ‘pushing back against authoritarian regimes.’ 

Saende regretted that many regimes are notorious for breaching both constitutional and international laws, including the Convention Against Torture (CAT) and the International Covenant on Civil and Political Rights (ICCPR).

He stressed the need for public interest  litigation to hold the governments accountable and protect democratic freedoms.

The purpose of the conference was to discuss strategies to challenge unconstitutional actions through the courts and to ensure that the rule of law is upheld.

ICJ Council Member Purity Mwaria said: "Government is for the people, by the people. Those in power must answer to citizens without resorting to intimidation tactics."

Of particular concern was the government's reported intimidation of the media and protesters, actions that she said run counter to democratic principles.

Mwaria demanded for thorough investigations into killings, particularly cases where police were allegedly captured on camera using live ammunition against protesters.

Oliver Waindi Executive Director of Uraia Trust, reiterated that the Kenya Kwanza government must be held accountable for deploying officers who shot recklessly during the protests.

"We are no longer just talking about things we've spoken about since 1963, but we are indeed speaking to them with a lens that is much more realistic, time-bound, and pragmatic. Let each person take accountability," he said.

The Uraia boss challenged the Independent Police Oversight Authority (IPOA) and security organs to collect evidence of police excesses shared by Kenyans on social media platforms.

Similarly, he cautioned that all witnesses are protected by the state and intimidation to silence should not be tolerated.

“Let's stop intimidation, we cannot start telling witnesses to withdraw from cases yet there is evidence almost everywhere on media showing how the police conducted themselves these persons,” he said.

Waindi encouraged those with information but fear coming out or feel intimidated, to report to the Witness Protection Agency.