Amnesty International Kenya has called on the National Police Service and the Kenya Defence Forces to uphold their constitutional obligations to protect and facilitate peaceful protesters during the protests.
On Tuesday, Amnesty International Kenya Executive Director Irungu Houghton noted that police were recently banned from using excessive force including water cannons, tear gas, and rubber bullets during protests.
"Amnesty International reminds NPS and KDF of the June 2024 High Court ruling in Malindi, which issued temporary orders preventing security agencies from using lethal and other less-lethal ammunition (including water cannons, tear gas, and rubber bullets) against peaceful protesters. Justice Thande emphasised that violence against peaceful protesters is prohibited," Houghton said.
"The High Court ruling upholds Article 37 of the Constitution, which guarantees every citizen the right to assemble, demonstrate, picket, and present petitions to public authorities peacefully and unarmed."
Amnesty International urged the NPS and KDF to ensure the safety and protection of all individuals participating in the protests.
The lobby stated that the response of the authorities over the past two weeks has involved unnecessary and excessive force, resulting in the tragic loss of life and the infliction of serious injuries.
According to the Kenya National Commission on Human Rights, 39 people have reportedly been killed, the youngest being twelve-year-old Kennedy Onyango, and at least 361 people have reported severe injuries countrywide.
Additionally, Houghton noted that medical personnel responding to the injured were exposed to teargas, and some were arrested by law enforcement officers.
"Lawyers have been denied access to their clients, arrested and intimidated to drop cases," he said.
He added that even journalists covering the protests have had their cameras confiscated, arrested and beaten in broad daylight.
Houghton said Kenya’s security organs should stop criminalising protests and operate strictly within the confines of the law.
"Amnesty International will deploy protest observers to monitor the conduct of security forces during the protests," he said.
"We expect full compliance with the High Court’s orders and the Constitution’s provisions."
