Lobby provides legal aid, bail, moral support to young demonstrators

For bosses and staffers at the Defenders Coalition, it has been 24-7 on standby to care for the needs of protesters during the four weeks of youth-led protests.

This has seen them call themselves the activists’ protector-in-chief.

Responding to calls from arrested protesters, some abducted and others suffering gunshot wounds, they provide lawyers, cash bail and doctors.

The lobby prides itself as a foremost defender of anyone championing the ideals of the constitution, including the right to demonstrate and human rights.

It is dedicated to safeguarding human rights defenders' safety, security, and welfare. Its mission encompasses empowering the activists, reducing their vulnerability to persecution and advocating for a legal and policy landscape that fosters their work.

“That is what we are about. We have been doing all we can, in conjunction with our partners to offer as much support as possible to any protester who is lawfully exercising their rights to demonstrate and picket but who is unfairly targeted by law enforcement officials,” executive director Kamau Ngugi told the Star.

The lobby works by raising donations and support from well-wishers who believe in breathing life into the constitution and uses those resources to support human rights defenders.

From counselling therapy to providing legal aid to the protesters, the coalition has been an ally of youths marching in the streets to protest against the high cost of living, high taxes and poor governance.

Ngugi said the group believes that people should be able to freely express their views on matters of public interest without undue encumbrances.

“At the core of our work is the conviction on the fact that human spirit is free and with the constitutional protection on our side, we are out to ensure that as the human rights defenders are out there risking their all to speak for the silent majority, we do all we can to have their back,” he said.

The lobby puts its money where its mouth is. For example, when 109 protesters were arrested on July 16 in Nairobi, the coalition’s team of lawyers had the lot released en mass on a cash bail of Sh500 each.

“Milimani Law Courts has just issued orders for the release of 109 arrested protesters. Each to be released on a cash bail of Sh500. Thank you for the solidarity from all patriots and the Law Society of Kenya for legal representation,” the coalition announced on July 17.

“Defenders Coalition will support with payment of the cash bail so that the arrested persons are free of any detention-related torture.”

The coalition was also pivotal in securing the release of 11 protesters arrested and arraigned during the July 11 march in Kajiado.

“Honourable Roselyne Oganyo of the Kajiado Magistrate Court has just delivered orders for the release of 11 arrested persons who were arbitrarily arrested during yesterday's Maandamano in Kajiado county. The Court has ruled in favor of the accused persons after the prosecution applied for the 11 to be held for seven days, pending investigations. Each of the 11 has been released on a cash bail of Sh3,000, which the Defenders Coalition is supporting,” it announced.

“The Defenders Coalition calls on Kenyans to step in and support other innocent young people held at various detention facilities following arrest during peaceful protests but are unable to raise bail.” 

And even before the current wave of protests started, the lobby has always had its ear on the ground for any word of protesters in need of help.

For example, in May it swung into action when 27 human rights defenders were arrested and detained at the Pangani police station.

The coalition teamed up with Kenya Human Rights Commission to pay as much as Sh10,000 cash bail for each of the arrestees.

“The legal team by Defenders Coalition and KHRC has worked to secure the release of the 27 HRDs being detained in Pangani and Ruaraka police stations,” it announced after they were released.

“All have been released on a cash bail of Sh10,000 and are expected to be arraigned in Makadara Law Courts. It is a proud moment that the 27 innocent HRDs won’t be spending another night in police cells where risks such as detention-related torture are prevalent. Thank you, all comrades, for your concern and solidarity with the incarcerated HRDS.”

And when the cases pass the court preliminaries to trial, the lobby manoeuvres to have the matters settled or withdrawn.

For example, in the past one year, the lobby prides itself for engaging the Office of the Director of Public Prosecutions and advocating for the withdrawal of six cases against human rights defenders who were facing what it called “trumped-up criminal charges in courts”.

This intervention relieved 53 activists across regions, such as Turkana, Nakuru and Nairobi.

By the Star’s count, the lobby has responded to mental health needs of 207 activists, training them and building their capacity for mental resilience.

This includes access to psychosocial support services and debriefs, acknowledging the toll of their work on their well-being.

The Defenders Coalition says in 12 months, it has paid cash bail and bond in as many as 70 cases, provided medical support for 14 activists who called in, distressed by health challenges and legal accompaniment for 12 cases in court.