ICJ CONDEMNS HUMAN RIGHTS VIOLATION AND DESTRUCTION OF PROPERTY DURING DEMONSTRATIONS

ICJ condemns human rights violation and destruction of property during demonstrations

By Garvin Patrick and Phinta Amondi

The International Commission of

Jurists (ICJ) today held a press

briefing condemning human rights

violation and destruction of property

during the Monday protests.

ICJ mentioned that they are concerned,

vigilant and document about the

activities that unfolded during both

protests organized by the Azimio la

Umoja coalition.

Speaking at a Nairobi hotel, ICJ

Chairman Protas Saende said that in

some instances citizens abuse their

rights to demonstrate by engaging in

wanton destruction of private property

like religious infrastructure noting

that the National Police Service

failed to do enough to protect such

property.

“We have observed government

interference through the security

agencies, citizen misconduct and

demonstrators being prevented from

exercising their rights,” voiced

Saende.

He added that the same constitution

contemplates that every person has a

right not to be arbitrarily deprived

of their property and that they shall

enjoy necessary state protection.

Saende reiterates while reminding the

State that Article 40 (1) of the

Constitution of Kenya (CoK) 2010

provides that “every person has a

right either individually or by

association to acquire and own

property (a) of any description and

(b) in any part of Kenya.

Saende further explained that Article

37 of the CoK guarantees every

person’s right to peacefully assemble,

demonstrate, picket, and present

petitions to public authorities.

Saende recommended the National Police

Service (NPS) to adhere to the

guidelines on freedom of association

and assembly in line with the letter

and spirit of the Constitution.

He also advised NPS to act with

professionalism, restraint and respect

for human rights at all times. Adding

that they should enhance law and order

in an impartial manner.

Further, he urged Azimio la Umoja

Coalition to promote the spirit of

unity within the country and called

upon other political factions to

desist from utterances that could fuel

insurgency.

The Chairman noted that the Kenya

Kwanza Alliance should adopt robust

and meaningful measures to improve the

social and economic rights currently

undermined by the high cost of living,

unemployment, inequality and poverty

citing these issues as the root cause.

At the same time, Saende prompted the

government to engage with the Ministry

of Interior and Coordination of

National Government and the Inspector

General of Police to take stock of the

security plans and their adherence to

human rights standards in public order

management.

On the other hand, he expressed the

need for citizens to exercise their

right to protest peacefully as

prescribed in the Constitution, report

all illegal activities undertaken

under the pretext of mass

demonstration and refrain from

engaging in hate speech, criminal

conduct and inciteful discourse that

heightens tension.