The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Kenya on 19 June 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. Regrettably, the Government did not reply within this timeframe. If a reply is received it will be posted on the UN Special Procedures communications database.
Since sending the communication, the situation has remained largely unchanged for the human rights defenders. According to information received by the Special Rapporteur, the investigation into Messrs. Ngari, Kitole and Kimbo remains open.
This is a shorter version of the original communication.
BACKGROUND
Topic: the violent arrest and detention of human rights defenders in Uyombo village, Matsangoni, Kilifi County.
Messrs. Moses Ngari and Edward Kitole are local human rights defenders in Uyombo Village.
Mr. Gordian Kimbo is the Programmes Officer at the Centre for Justice, Governance and Environmental Action (CJGEA), which works to advocate for justice and protection of the rights of marginalized communities in Kenya through education, empowerment, strategic litigation and advocacy.
The situation in Uyombo village was the subject of a previous communication addressed to the Government of Kenya in 2023.
ALLEGATIONS
On 21 May 2024, unidentified persons, suspected to be from the Nuclear Power and Energy Agency (NuPEA), entered Uyombo village accompanied by heavily armed police to offload equipment onto the community chiefs’ land. Upon observing this, local community members spoke with the chiefs, telling them that NuPEA had promised to carry out public consultations before proceeding with the work, however, they were ignored. Later that same day, suspected NuPEA workers, again accompanied by the police, entered a school in the community to install equipment for a data collection centre. Upon learning this, community members entered the school, intending to talk to the NuPEA workers. One of the local women present was beaten by police at the scene, leading the community to protest, mainly by dancing and singing, although the gate of the school was broken in the community’s attempts to reach the injured woman. In response, the police violently repressed the protestors, spraying tear gas, firing live bullets into the air, and beating locals. According to the police incident report, 137 live rounds were fired by police, along with 44 blanks, while 70 tear gas canisters were used. At least three community members were seriously injured during the events, including an 80-year-old member of the community who suffered a broken wrist.
Two local human rights defenders, Mr. Ngari and Mr. Kitole, attempted to speak with the local chiefs in an attempt to diffuse the situation, only to be violently arrested and seriously beaten by police. Mr. Ngari suffered severe bruises on his shoulder, back and leg during the arrest, while Mr. Kitole was also injured. When word spread of these arrests, the two human rights defenders were moved from Matsangoni Police Station, in the community, to Kilifi Police Station, some 30 km away. Upon learning they had been moved, the human rights defender Mr. Kimbo travelled to the police station to ask about their condition and whether any charges were being brought against them. Upon arrival, he was told by police that they had been looking for him, and he was also arrested.
On 22 May 2024, Mr. Kimbo was released on a free bond, and ordered to report to the station in one week, in the context of an investigation opened into alleged incitement to violence, assault of police officers while affecting arrests, and malicious damage to property. Mr. Ngari and Mr. Kitole were released later the same day on a personal bond, under the terms of which any failure to appear following a summons will result in the automatic issuing of an arrest warrant. They were ordered to report to the police station on 23, 28 and 30 May 2024.
CONCERNS
In the communication, we express serious concern at the violent arrest and detention of Messrs. Ngari, Kitole and Kimbo, as well as the alleged highly disproportionate use of force against the members of the Uyombo community in the dispersal of their spontaneous protest on 21 May 2024.
