Tue. Dec 10th, 2024

Escalating Crackdown on Activists and Journalists: A Call for Accountability and Protection of Constitutional Rights

In the latest concerning development, renowned activist and former journalist Boniface Mwangi was abducted on October 28, 2024, by plain-clothed security officers from his home in Machakos.

Mwangi was detained at Kamukunji Police Station before being released later. His abduction follows the disappearance of another prominent activist, Scophine Aoko, also known as Maverick Aoko, who went missing in Nairobi just days before Mwangi’s detention.

Both Mwangi and Aoko are influential leaders of the Gen-Z “bread protests,” a movement that has galvanized significant public discontent with President William Ruto’s government, particularly over the rising cost of living and economic hardships faced by ordinary Kenyans.

These arrests are part of a broader pattern of disappearances, abductions, and violence aimed at silencing dissenting voices in Kenya.

The troubling developments are further compounded by the somber anniversary of the killing of Pakistani journalist Arshad Sharif, who was shot by police in Kajiado County on October 23, 2022.

While initially framed as a case of mistaken identity, a Pakistani investigation has since revealed that Sharif’s death was part of a premeditated operation, adding to the growing concern over the safety of journalists in Kenya.

This tragic event has raised questions about the increasing use of force by security agencies in suppressing dissent and the systematic targeting of journalists, activists, and opposition figures.

These recent incidents come at a time when Kenya’s government, under President Ruto and the Kenya Kwanza administration, has been accused of steadily eroding fundamental freedoms, including freedom of the press, speech, and assembly.

The government’s use of violence, abductions, torture, and surveillance as tools of political repression has raised alarms among civil society groups, human rights defenders, and the international community.

Pattern of Abductions and Violence Against Journalists and Activists
The abduction of Mwangi and Aoko is part of a larger and more concerning trend of violence and repression against journalists and activists.

Faith Odhiambo, President of the Law Society of Kenya (LSK), condemned the escalating violence against journalists, which she described as a “deeply alarming development.

” She further highlighted the tragic case of journalist Catherine Wanjeri wa Kariuki, who was shot while covering protests in Nakuru.

Such incidents underline the grave risks faced by journalists in Kenya, who are increasingly targeted while covering protests or engaging in political reporting.

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

These attacks, coupled with reports of journalists being injured by tear gas and other police actions during protests, paint a grim picture of the state of press freedom in the country. As of June 23, 2024, the Police Reform Working Group documented 22 abductions, 50 arrests, 300 injuries, and 23 deaths attributed to police actions during protests.

The Kenya National Human Rights Commission (KNHRC) has reported 50 deaths, 413 injuries, 682 arbitrary detentions, and 59 abductions as of mid-July 2024.

Impacts on Civil Society and the Right to Protest
The repressive measures taken by the government are seen as a direct violation of several constitutional rights, including freedom of expression (Article 33), freedom of the media (Article 34), and freedom of association (Article 36).

These rights are also safeguarded under international law, notably in the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and Peoples’ Rights (ACHPR).

In recent months, protests—primarily sparked by the high cost of living and an unpopular tax policy—have intensified.

Security forces have responded with lethal force, with at least 40 young protesters killed in the ongoing demonstrations.

Despite the Constitution’s protection of the right to peaceful assembly (Article 37), the government has failed to launch any official inquiries into the deaths of protesters, signaling a disturbing disregard for the rule of law and human rights.

Johnstone Muthama, a member of the Parliamentary Service Commission and former Machakos Senator, defended the government’s actions, asserting that the freedoms of press, speech, and association were better protected under the current administration than in previous ones.

Muthama, however, acknowledged that the use of excessive force was unacceptable but justified the police’s actions as responses to violent protests.

The Role of Misinformation and Disinformation
A critical aspect of the government’s response to dissent has been the use of misinformation and disinformation to discredit journalists, activists, and opposition members.

The government has painted dissenters as foreign-backed agents of destabilization, using these narratives to justify crackdowns on the media and the opposition.

The Cybercrimes Act has also been invoked to limit free expression, curbing the ability of citizens to speak out against government policies and human rights violations.

Faith Odhiambo, in her statement, expressed concern over the increasing surveillance of journalists and activists, including her own personal experience with phone hacking, which she described as a violation of her constitutional right to privacy.

Call for Accountability and Protection of Rights
The ongoing abductions, assaults, and killings of journalists and activists must be condemned in the strongest terms.

The government must take immediate steps to ensure the safety and security of all citizens, including journalists, activists, and opposition leaders.

The international community must also hold the Kenyan government accountable for its actions, ensuring that those responsible for these human rights violations are brought to justice.

We call on all Kenyans to stand in solidarity with journalists, activists, and civic leaders who are on the front lines defending the rights to free speech, press freedom, and the right to peaceful protest. We also urge the government to cease the repression of its people and to honor the constitutional rights of all Kenyans.

By IAN BYRON

Managing Editor, Writer and Public Relations Consultant. A highly professional and talented multimedia journalist with solid experience in creating compelling news as well as distributing and delivering through multiple digital platforms to a global audience.

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