Rights group condemns use of live bullets on protesters

They have also called for cessation of use of tear gas, water canons and batons during protests.

In Summary

• In a statement date July 25, INCLO members said all international and regional human rights standards prohibit the use of firearms in protest settings.

• They said they indiscriminate discharge of firearms into a crowd is a violation of the right to life.

Police officer lob tear gas at protesters on July 19, 2023 in Kisumu.
Police officer lob tear gas at protesters on July 19, 2023 in Kisumu.
Image: FILE

The International Network of Civil Liberties Organizations (INCLO) has condemned the use of live ammunition by police during the wave of protests witnessed in Kenya last week.

INCLO is a group of 15 human rights NGOs working together to protect fundamental rights and freedoms.

In a statement dated July 25, INCLO members said all international and regional human rights standards prohibit the use of firearms in protest settings.

"General Comment 37 of the right of peaceful assembly (Article 27) by the UN Human Rights Committee stipulates that 'Firearms are not an appropriate tool for the policing of assemblies. They must never be used simply to disperse an assembly."

The rights defenders said the use of live bullets and disproportionate use of crowd-control weapons during the latest three days of opposition protests resulted in the deaths of 23 protesters and injuries to dozens of others. 

The demonstrations were called by the Azimio la Umoja coalition led by Raila Odinga to protest against the high cost of living and controversial tax hikes.

INCLO said it's incumbent upon the Kenyan government to safeguard freedom of expression and peaceful assembly by protecting those exercising those rights as provided for by international laws and the Kenyan Constitution.

They said the indiscriminate discharge of firearms into a crowd is a violation of the right to life.

"Echoing the recent concern expressed by the INCLO member organizations, the Kenya Human Rights Commission, as well as the UN Human Rights Office, we call for an immediate end to these episodes of institutional violence and call for effective measures to prevent further victims."

The group called for immediate cessation of the use of live ammunition and disproportionate crowd-control weapons including tear gas, water canons and batons by the police during protests.

They also asked the government to take all steps necessary to ensure the right to picket and demonstrate as provided for by the Constitution is safeguarded.

"Mandate an independent body to conduct urgent and transparent investigations into the deaths and unlawful use of force with a view to establishing responsibilities and accountability, including the various levels of law enforcement command structure during the incident," INCLO said.

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