LSK Issues 4 Demands After Release Of Anti-Femicide Protesters

The Law Society of Kenya (LSK) has issued four new demands to the Kenyan authorities following the release of five people including Amnesty International Kenya Executive Director Irungu Houghton.

On Monday, December 16, Lawyers from the Kenyan Section of the International Commission of Jurists (ICJ Kenya), Amnesty International Kenya, LSK, the Independent Medico-Legal Unit (IMLU) and the Kenya National Commission on Human Rights (KNCHR) were in court to release the five whose charges of "Unlawful Assembly" were withdrawn.

This followed their arrest on Tuesday, December 10 during a heated clash between police officers and protesters in Nairobi during protests against the rising cases of femicide in the country.

"Today advocates for the five accused persons were informed that there was no charge sheet and were unconditionally released. Given the unlawful arrests and brutalization of several protesters, this was a welcome development. We however note that persons were assaulted, deprived of liberty, arrested and bonded to appear in court," a joint statement by the above groups read in part.

Amnesty International Kenya Executive Director Irungu Houghton (in blue) and co-accused in court on December 16, 2024. /AMNESTY KENYA

"The practice of holding persons without charging them has been abused in a bid to harass, intimidate and threaten human rights defenders. The use of tear gas, arbitrary detentions, and brutal force against peaceful demonstrators exercising their constitutional and human rights is abhorrent and unacceptable."

The groups lamented that attempts by organizers to de-escalate the situation on the morning of the protest were dismissed outright, a matter they believed reflected a deliberate disregard for lawful and constructive dialogue.

"As a result, eight protesters suffered physical injuries, sexual assaults, and harm from rubber bullets and tear gas. 10 individuals were unlawfully detained, with five being charged with taking part in an "unlawful assembly," while the others were released unconditionally," added the statement.

Following their release, LSK and the groups demanded that the Inspector General of Police must overhaul police tactics and prioritize peaceful engagement with protestors, adding that it must be unequivocally reaffirmed that reasonable three-day notice, once given, is sufficient to enable Kenyans to exercise their rights under the law.

They also urged the Independent Policing Oversight Authority (IPOA) to investigate the conduct of police officers accused of flagrantly and repeatedly flouting the law by operating in plainclothes without identification, stating that law enforcement must uphold constitutional rights, not enforce repression.

As for the Internal Affairs Unit (IAU), the groups demanded that it expedite its investigations into the officers involved and publicize its findings without delay.

Lastly, the Office of the Director of Public Prosecutions (ODPP) was mandated with pursuing charges against individual officers implicated in these violations, ensuring superior officers are held accountable for their command failures.

Kenya's Constitution guarantees the right to peaceful assembly, demonstration, and picketing under Article 37, as well as freedom of expression under Article 33. These rights are further protected by international obligations, including Article 21 of the International Covenant on Civil and Political Rights (ICCPR) and Article 11 of the African Charter on Human and Peoples' Rights.

The groups argued that blatant violation of these protections, despite repeated judicial condemnations of such conduct, signals a shameful erosion of the rule of law.

"Courts have unequivocally declared the use of excessive force in protests unconstitutional and illegal. Yet law enforcement continues to act with impunity, undermining Kenya's democratic values and tarnishing its reputation on the international stage. That violence was deployed against citizens advocating for an end to femicide- a heinous crime that devastates countless families and communities- is a gross indictment of the state's indifference to human rights," added the statement.

The groups called for the end of backsliding into authoritarian tactics, adding that peaceful protests such as the Gen Z demonstrations and the recent women's march demand justice, not state aggression.

They further deemed the weaponization of the criminal justice system to intimidate and suppress dissent as intolerable, adding that systematic criminalization of activism in Kenya "cannot and will not be normalized".

"The voices of Kenyan women demanding accountability for femicide deserve respect, not violence. These brave citizens stand for a Kenya where justice and equality prevail, and they must be supported- not silenced," added the statement.

The protests took place on the last day of the 16 days of activism against gender-based violence, but the march turned chaotic in the morning hours when police lobbed teargas to disperse the protesters, with other officers reported to have assaulted and arrested the protesters.

The act was denounced not only by Kenyans but also by international organisations with the United States, through its Kenyan Embassy describing it as regrettable and concerning.