Silencing the messenger : A grim reality for journalists and activists

Victims of abduction are held in incommunicado, subjected to brutal torture and denied legal recourse. [Courtesy]

On October 28, 2024, a group of plain-clothed security personnel raided the home of Boniface Mwangi in Machakos, abducting him and detaining him at Kamukunji Police Station. He was later released. Meanwhile, activist Scophine Aoko, also known as Maverick Aoko, disappeared in Nairobi just days before Mwangi’s arrest.

Both Mwangi and Aoko are former journalists with Standard Media Group and have been vocal leaders of the Gen-Z “bread protests,” a movement now fuelling widespread discontent with President William Ruto’s government.

These arrests follow a troubling pattern of abductions involving protesters and civic leaders, who are often held incommunicado in undisclosed locations, subjected to brutal torture, and denied legal recourse.

The timing of these events is poignant, as Kenya marked the second anniversary of the killing of Pakistani journalist Arshad Sharif, who was shot by police in Kajiado County on October 23, 2022. Although initially framed as a case of mistaken identity, a Pakistani investigation concluded that the incident was part of a premeditated operation, transforming Nairobi and its environs into a hotbed of covert international espionage.

Since President Ruto and his Kenya Kwanza administration took office two years ago, the freedoms of media, speech, and assembly have been steadily eroded. Killings, abductions, torture, and surveillance have become tools of coercion to stifle an otherwise resilient media, civil society, and opposition.

These repressive measures directly violate several constitutional rights, including freedom of expression (Article 33), freedom of the media (Article 34), and freedom of association (Article 36). Furthermore, these rights are safeguarded internationally by Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African Charter on Human and Peoples’ Rights (ACHPR).

In a statement, Faith Odhiambo, President of the Law Society of Kenya (LSK), condemned the escalating violence against journalists. “A deeply alarming development in this pattern of repression is the shooting of journalist Catherine Wanjeri wa Kariuki while she covered protests in Nakuru. This tragic event highlights the grave risks journalists face in covering demonstrations,” she said.

According to the Media Council of Kenya, at least 24 incidents involving journalists—including abductions, assaults, and online harassment—have been reported, with police implicated in 10 of these cases.

Further reports indicate that journalists have been injured by tear gas canisters and targeted in abductions later explained by authorities as “mistaken identity.” Odhiambo noted that, as of June 23, 2024, the Police Reform Working Group had documented 22 abductions, 50 arrests, 300 injuries, and 23 deaths attributed to police actions during the protests. The Kenya National Human Rights Commission reported 50 deaths, 413 injuries, 682 arbitrary detentions, and 59 abductions as of 16 July 2024.

Muthoki Mumo, Africa Program Coordinator for the Committee to Protect Journalists (CPJ), remarked that the lack of accountability in Sharif’s case exemplifies the entrenched impunity surrounding attacks on journalists in Kenya. “There has been no accountability for the murders of journalists Francis Nyaruri in 2009 and John Kituyi in 2015,” she said.

The repression traces back to April 2023, when the opposition, led by Azimio coalition’s Raila Odinga, mobilised supporters to protest the high cost of living and an unpopular tax policy. By 2024, protests escalated as demonstrators breached security barriers and set fire to Parliament and the Supreme Court. Security forces responded with lethal force, resulting in the deaths of approximately 40 young protesters, despite the Constitution’s Article 37, which grants citizens the right to peacefully assemble and demonstrate.

No official inquiry has been launched to identify and prosecute those responsible for these killings. However, former Machakos Senator and current Parliamentary Service Commission member Johnstone Muthama defended the Kenya Kwanza government, asserting that freedoms of the press, speech, and association remain better protected than under previous administrations. “Use of excessive force is unacceptable. But these were not peaceful protests. Police were defending themselves against aggression from protesters,” Muthama said.

The government has also capitalised on misinformation and disinformation, using these narratives to portray journalists, activists, and opposition members as threats to national security, often framing them as foreign-backed agitators.

“This narrative allows the government to justify crackdowns on media and public dissent. By painting dissenters as dangerous, and through laws like the Cybercrimes Act, freedom of expression is curtailed, silencing those who advocate for change,” Odhiambo said, adding that her phone was hacked—a violation of her constitutional right to privacy.