Corruption and Human rights violations by the neo-liberal Kenya state: When Kenyans are more afraid of the Brutal neo-liberal Kenya police force than COVID-19

 

Kenya police fire tear gas at COVID-19 corruption protesters 

https://observer.ug/news/headlines/66261-kenya-police-fire-tear-gas-at-covid-19-corruption-protesters

 

August 23, 2020

 

Written by VOA

 

 Kenyan authorities have arrested protesters who allege equipment to fight COVID-19 is being mismanaged. Police used tear gas to disperse the activists at a park in central Nairobi.

Kenyans, led by local activists, took to the streets of Nairobi Friday. Wanjeri Nderu, one of the protest organizers, said police should be investigating those who stole public money.
“We are demanding for the arrest of the people who are known thieves, who are known to have stolen COVID-19 [equipment], but they are still free. The police, instead of coming to tear gas us, they should be in the offices investigating, making sure these people are taken to court and jailed. We cannot live in a country where we are ruled by impunity, and we have a system that does not care for the people of this nation,” Nderu said.

Before the protest began, police lobbed tear gas canisters at demonstrators and arrested at least five people. Kenyan media report police said the protest was illegal, and the protesters' action went against health ministry protocol to contain the virus. Nderu said she is not happy with the police.

“We do not need to seek permission from the police for them to allow us to congregate and what they have decided to do is to disperse us using tear gas. We organized ourselves into four groups; one was here, the other group was in town, even the groups in Jevanjee have been tear-gassed, the group at archives has been teargassed; we cannot work with the police like this. The police cannot make us [their] enemy,” Nderu said.

Last week, the Kenya Medical Supplies Agency Board suspended three top officials, including chief executive officer Jonah Manjari, as a result of an investigation. The country’s anti-corruption agency is probing a $7.7 million procurement of COVID-19 medical supplies, and preliminary results show officials flouted the process.

Political commentator Michael Agwada says corruption in an environment of economic uncertainty due to the pandemic can bring political instability.

“The worst that can happen, you can see more infections taking place as a result of these protests we are seeing here. But again, the worst that also can happen is we could see more protests that will make the government unstable. It’s a time when the government has to sit down and be very open to the public and say this is what is happening. People have asked very relevant questions as to donations from Jack Ma, where are they? And now we are hearing some of them were taken to Tanzania, and some of them were brought to Kenya. That in itself is enough to infuriate the public that you are arresting for having no mask,” Agwada said.

KEMSA is part of the ministry of Health and provides procurement, warehousing, and distribution services for medical materials for agencies like USAID and the Global Fund. Those organizations have raised questions about how the money meant for the public was used, and asked for an audit of KEMSA.

In May, Kenya received $50 million from the World Bank to help respond to the global pandemic threat.

HUMAN RIGHTS

Police killed 11, tortured 41 during curfew - NGO

 

https://www.the-star.co.ke/news/2020-04-29-police-killed-11-tortured-41-during-curfew-ngo/  

by IMENDE BENJAMIN News Reporter

News

29 April 2020 - 23:00

Also praised many police who acted responsibly and respected human rights

In Summary

• At least 41 people were tortured by the police during the curfew.
• The curfew started off with police using excessive force, thrashing and tear-gassing crowds.

HEAVY-HANDED: NYS officers enforce curfew in Mombasa.
Image: FILE

Police have killed 11 people and injured 30 while enforcing the curfew to curb the spread of the coronavirus, a human rights lobby has said.
In a report released on Tuesday, the Independent Medico-Legal Unit (IMLU) also said 41 people were tortured by police during the 7pm to 5am curfew period that started on March 27.
The curfew was meant to stop the spread of the virus and save lives but the number of those allegedly killed by police is slightly lower than the 14 people who have died of the disease.

Police spokesman Charles Owino did not pick calls or respond to text messages on Wednesday.
“During this period, we have monitored and documented 41 cases of police torture, cruel, inhumane and degrading treatment perpetrated by law enforcement agencies and an assistant chief. Out of the 41 torture cases, 11 were deaths and the rest were injuries from torture and ill-treatment,” the IMLU said.
It did not elaborate or identify the assistant chief. The Unit expressed grave concern about the use of lethal force.
Of the 41 documented cases, 33 are male and eight female aged between  13 and 65 years; 34 cases were perpetrated by police officers and seven by an assistant chief, the IMLU said in a press statement.
The NGO said the curfew began with police across the country using excessive force, thrashing and tear-gassing crowds of people on their way home from work.
“This is regrettable especially at a time when the country is fighting a global pandemic,” the NGO said.
They called on the police to uphold human rights while enforcing the curfew.

IMLU also commended police officers who have worked tirelessly, often in difficult circumstances, to enforce the curfew and other preventive measures under the Public Order Act and Public Health Act.
“We also stand with the frontline teams of medical personnel in our health facilities and public health staff and volunteers working across communities," the  IMLU said.
“We commend the majority of Kenyans who have heeded the advisories from the World Health Organization and our Ministry of Health, greatly contributing to preventing infections.”
(Edited by V. Graham)

BRUTAL FORCE'

Prosecute cops violating human rights, says KNCHR

https://www.the-star.co.ke/news/2020-03-28-prosecute-cops-violating-human-rights-says-knchr/

Term Friday chaos as uncalled for, brutal and ruthless on defenceless citizens

 

In Summary 

 

 

• Pictures and videos that went viral showed police attacking and using violence on Kenyans to enforce the curfew.
• Commission wants IG of police to issue an immediate directive on zero-tolerance to human rights violations by officers.

MAUREEN KINYANJUI News Reporter

News

28 March 2020 - 11:25

OBSERVE HUMAN RIGHTS: Coast residents are rounded up by police enforcing the curfew directive at the Likoni crossing channel.
Image: COURTESY

The Kenya National Commission on Human Rights has called for the immediate prosecution of all officers culpable of violating human rights on Friday while enforcing the curfew order.
Police patrolled the streets to ensure people were in their houses from 7pm to 5am as directed by President Uhuru Kenyatta in measures to curb the spread of coronavirus.
Pictures and videos that went viral showed police attacking and using violence on Kenyans to enforce the directive.
The commission termed the force used by police as “uncalled for, brutal and ruthless on defenceless citizens".
“It is pitiable and despicable to watch the video clips of uniformed law enforcement officers, who are deemed to be custodians of law and order, incessantly bludgeoning innocent and unarmed Kenyans, especially in Mombasa, at the entrance of the Kenya Ferry Services and other parts of the country,” KNCHR said in a statement on Friday night.
The commission wants the Inspector General of Police to fast-track the issuance of guidelines with regard to handling members of the public during the Covid-19 pandemic and the dawn-to-dusk curfew.
“These guidelines should call on all law enforcement officers to abide by the law and the Service Standing Orders in the arrests and handling of persons,” the statement reads.
The media, members of the public and human rights defenders have been lauded by the commission for capturing the force witnessed in several parts of the country.
Commission CEO Bernard Mogesa also wants the IG to direct all officers to avoid situations of compromise, unwarranted deprivation of the right to security and liberty of the person, harassment and extortion of Kenyans.
“While KNCHR fully supports the government’s response mechanisms and measures of dealing with the pandemic, we reiterate that observance of human rights and fundamental freedoms is cardinal,” he said.
The commission highlighted that the enforcement of the Covid-19 pandemic curfew directives should not be a ticket to unleash terror.
As a result, the public has been invited to report on any illegal law enforcement actions to the mobile numbers;  0741584608 and 0721519715.
Citizens can also report via WhatsApp on 0798849871, email; complaint@knchr.org, haki@knchr.org or  send  a text message to 22359
The IG has also been urged to issue an immediate directive on zero-tolerance to human rights violations by law enforcement officers to avert further deterioration and perpetuation of human rights violations.
KNCHR has also recommended employers around the country to allow staff to leave earlier to beat the curfew.
The government has also been urged to put in place mechanisms to cushion the vulnerable and persons from the lower-income bracket that still have to fend for their families despite the prevailing risk of the virus.
Edited by R.Wamochie 

Stop human rights violations in curfew enforcement

https://www.nation.co.ke/kenya/blogs-opinion/opinion/stop-human-rights-violations-in-curfew-enforcement-295578

 

Sunday, May 17, 2020 

 

By  STEFF MUSHO

What you need to know:

• The media has reported more at least 14 deaths occasioned by police brutality, only slightly lower than the 14 caused by the Covid-19 disease. It is therefore not shocking that Kenyans are more scared of the police than the disease itself.
• The government has argued that the use of the public order law in this case is different from its uses under situations of political emergency, but its implementation through the police means that for citizens the outcome or impact is the same – it amounts to detention without trial.
• Yet the law is very clear on restricting the use of police force.
• The government cannot attack its own citizens as a response to a public health crisis: it must protect the rule of law and use existing legal channels.

On Saturday April 25, Kenya extended curfew and lockdown of its two major cities – Nairobi and Mombasa - for another 21 days in an effort to flatten the curve of the Covid-19 disease. For Kenyans, the question of rule of law and police brutality will remain urgent because law enforcers have unprecedented powers of arrest and detention, particularly given that the courts are operating at minimal capacity.

The day after the initial curfew announcement in March, a video went viral showing general service unit (GSU) officers in the back of a truck, apparently excited at the prospect of brutalising the public. On the same night, the world watched in horror as police beat hapless commuters trying to use the Likoni ferry in Mombasa, an hour before the curfew.
In Kwale County, Khamisi Juma, a boda-boda operator, died from injuries sustained after being brutalised while on his way home from delivering to the hospital a pregnant woman in need of urgent medical care. In Nairobi, police shot dead 13-year-old Yasin Moyo who was sitting with his family on the balcony of their home.

DEATHS
It is therefore not shocking that Kenyans are more scared of the police than the disease itself.
In fact, Kenya’s policing around Covid-19 has been a laundry list of human rights violations. These actions violate article 25(a) of the Constitution, which absolutely protects one from torture, cruel and inhumane or degrading treatment and/or punishment. Other rights are captured in article 26 (1) and (3) on the right to life; article 28 on human dignity; and article 29 on the freedom and security of the person.
Additionally, such brutality violate the Prevention of Torture Act, which criminalises torture by the police and other state agencies. The law imposes heavy fines and long jail terms of up to 20 years for offenders. The Penal Code and the Police Act also expressly prohibit torture by police officers.

What is more is that Kenya is party to international human rights instruments including the United Nation’s Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and the African Charter on Human and People’s Rights.
MANDATORY QUARANTINE
Additionally, quarantines for suspected cases are also being treated as punitive rather than in the interest of public health. The Public Order Act imposes penalties like a Sh10,000 fine, three-month imprisonment, or both for violating the curfew.
The Cabinet Secretary for Health, Mutahi Kagwe, turned quarantine facilities into police cells when he announced that curfew offenders would be assumed to have been exposed to the coronavirus and would therefore be subjected to mandatory quarantine. This challenges the rights to health and protection from detention without trial.
Yet the law is very clear on restricting the use of police force. The constitutional court, in Daniel Ng’etich & 2 others v the Attorney General & 3 others [2016], directed the Ministry of Health to develop a policy – the Tuberculosis Isolation Policy – on the involuntary confinement of persons with tuberculosis and other infectious diseases in line with the Constitution and World Health Organisation guidelines.

POLICY IGNORED
Unfortunately, this policy is being ignored in the current context. Given that government quarantine facilities are not adequately managed to contain the spread of the disease, those placed under quarantine are spreading the disease to each other and those working there, creating further risk.
Indeed, detention without trial is illegal in Kenya except in a state of emergency.
The government has argued that the use of the public order law in this case is different from its uses under situations of political emergency, but its implementation through the police means that for citizens the outcome or impact is the same – it amounts to detention without trial.
And there are general laws designed to control this. For example, an arrested person has the right to be “brought before a court as soon as reasonably possible but not later than 24 hours; or if the 24 hours end outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day.”
Article 25(d) of the Constitution also provides a right to habeas corpus through which any person can report an unlawful detention or imprisonment and demand the custodian of the person – in this case the Ministry of Health – to bring the detainee to court.

The government cannot attack its own citizens as a response to a public health crisis: it must protect the rule of law and use existing legal channels. Ultimately, the government must abandon its punitive approach and adopt a human rights-based and collaborative strategy in responding to the Covid-19 pandemic.

The writer is a human rights lawyer.