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CSPS4 Press Statement: State of Civic Space Under Siege

September 19, 2024

A press statement issued on 19th September 2024 at the 4th Civic Space Protection Summit.

FOR IMMEDIATE PRESS RELEASE

MOMBASA, Kenya, September 19th, 2024 – State of Civic Space Under Siege

As we come to the close of the 4th Civic Space Protection Summit, we wish to express our disappointment over the current state of civic space in Kenya which is still troubling even as Kenya joined the other countries in the celebrations of International Day of Democracy on the 15th of September 2024. The state has, over the past 24 months, demonstrated that they have no regard for the Constitution, Independent oversight bodies and the civil society.

Defiance of court orders and people’s wishes by the state senior state officials continue to be one of the key challenges to advancement of civil liberties in the country. We condemn this culture of impunity and expect the Acting IG Masengeli will lead by example by obeying the court order and present himself to the Commissioner General of Prisons to begin serving his 6-month sentence. Failure to do so, Kenyans will expect the Interior Cabinet Secretary to initiate steps to have him committed. We would like to remind the government that the primary reason for court summons against the Acting IG is to ensure that the Kitengela 3 are produced in court -we still demand their immediate unconditional release. Should the CS fail to initiate the steps, we urge the public to initiate citizens’ arrest against Masengeli.

The right to peaceful protest, enshrined in Article 37 of our Constitution, remains under severe attack. As recent events such as the #RejectFinanceBill2024 protests have shown, extrajudicial killings, arbitrary arrests, and abductions by state actors have become far too common. We are reaffirming our stance that these violations must end. We will continue to hold security agencies accountable for their actions and demand justice for those whose rights have been violated. The Assemblies and Demonstrations Bill of 2024 which is on the floor of the National Assembly is one of the indications that the state has no intention of implementing the Constitution. Over sixty civil society leaders and human rights defenders have lost their lives over the past two years. The courage of those who have sacrificed their lives, freedoms, and livelihoods in defense of justice, equality, and human dignity. We demand the suspension and interdiction of the police officers involved in these criminal acts and continued harassment and abductions. We further condemn the police actions against Trever Mathege Mureithi, a first year student at Multimedia University who was severely injured and had teargas canister lobbed at him at close range. He is currently admitted to a medical facility in critical condition. The use of such lethal crowd control weapons by the NPS has been normalized despite a court order banning their use.

Despite the robust framework on public participation under the Constitution, we continue to witness deliberate and negligently abdication of its duty to engage the public in the development process especially those that have negative consequences on taxpayers. As such, over the past months, we have witnessed erosion of fiscal accountability, observing how mismanagement of public resources directly impacts human rights. The last two years have shown us that authoritarian leadership, coupled with corruption, is not just a fiscal issue but a human rights one. The mismanagement of public funds, widespread corruption, and the intimidation of oversight institutions not only violate our right to transparent governance but also limit the government’s ability to provide essential services to its citizens. The recent case of Adani procurement is a classic example of states deliberate effort to subvert the constitution to the benefit of a few. We want to call for stronger independent institutions, greater accountability, and an end to the misuse of state agencies to suppress dissent.

Kenya has one of the most vibrant digital activism in the globe. However, while the young people have embraced this space, the state has continued to use repressive tactics and administrative actions to suppress freedoms. State surveillance that leads to abduction and cyber bullying and propaganda has led to self-censorship. We stand firm in our commitment to defend digital rights and ensure that the internet remains a space for free expression, advocacy, and civic engagement.

We wish to end by reaffirming our strong position in its mission to protect, promote, and expand civic space in Kenya. The road ahead may be tough, but we are resilient. Our democracy depends on it.

Thank You.

Signed by: