The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and another UN expert to the Government of Kenya on 21 May 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.
At the time of publication, the case against Mr. Owalla’s alleged attackers has yet to start. The Special Rapporteur is concerned that the team defending his alleged attackers is composed of legal advisors working for Siaya County and the Governor’s office, and hopes that court proceedings will be transparent and follow due process.
This is a shorter version of the original communication.
BACKGROUND
Topic: the violent physical attack against human rights defender Mr. Chris Owalla.
Mr. Chris Owalla is a human rights defender and executive director of Community Initiative Action Group – Kenya (CIAG-K), a non-governmental organisation founded in 2005 that carries out research, analysis, training and advocacy on human rights, social justice and governance. Mr. Owalla is also the coordinator of the Siaya Civil Society Network and a member of the steering committee of the Kenya Devolution Civil Society Organisations Working Group, an umbrella network of civil society organisations whose objective is to contribute to the effective implementation of devolution in Kenya in accordance with the 2010 Constitution.
ALLEGATIONS
Previous attacks against CIAG-K and Mr. Owalla
Between 2020 and 2023, Mr. Owalla lodged multiple complaints against the government of Siaya County. Some complaints were related to alleged lack of budget transparency and public participation in the recruitment of public officials in the county, and others called for an end to alleged illegal land-grabbing by public authorities of the county.
On 14 January 2020, while Mr. Owalla was working on a case involving alleged corruption and illegal land grabbing by the Siaya County government, CIAG-K’s offices were broken into by unknown individuals who stole some files and the office’s computer.
On 4 July 2020, Mr. Owalla was physically attacked in the Uganja Township of Siaya County. His attacker told Mr. Owalla that he was raising issues that went against the interests of the County Governor, indicating that the attack against Mr. Owalla was related to his work as a human rights defender calling for greater transparency from the local government. On 6 July 2020, Mr. Owalla lodged a complaint at the Ugunja Police Station in relation to this attack. However, to date, no meaningful investigation has been opened into this attack.
9 February 2024 attack
On 9 February 2024, Mr. Owalla attended the funeral of a local journalist in the Bondo Sub-County of Siaya County. As he was leaving the funeral, Mr. Owalla was violently attacked by five armed individuals. Mr. Owalla was reportedly beaten by the attackers, one of whom had a baton and machete, and suffered severe injuries to his knee, elbow, chest and back. His clothes were also torn during the attack and his wallet containing cash and other personal belongings was stolen.
Mr. Owalla’s attackers allegedly told him that he was causing issues for the government and governor of Siaya County, particularly in relation to a complaint he filed on 15 September 2023 in the High Court of Kenya against several officials of the government of Siaya County, in relation to alleged irregular recruitment and employment within the government. Sources recognised two of the attackers.
Mr. Owalla was transferred to and received treatment in the Agha Khan Hospital in Kisumu following this attack. He underwent a further medical review on 19 March 2024 and has been prescribed medication to manage his pain and injuries.
Mr. Owalla reported this attack at the Bondo Police station and three men were arrested in relation to this attack. These individuals were arraigned in court on 14 March 2024 and charged with robbery with violence. The matter came up for mention before the court on 2 April 2024 and the next hearing in this case is scheduled for 20 and 21 May 2024. Nobody else has been arrested in relation to the attack against Mr. Owalla.
CONCERNS
In the communication, we express our concern in relation to the violent physical attack against Mr. Owalla, which we fear is related to his peaceful and legitimate human rights work. The attack against Mr. Owalla appears to have been a direct attempt to intimidate and dissuade him from continuing his work calling for greater transparency and accountability in public affairs. Our concern is heightened given that this is not the first time that Mr. Owalla nor his organisation have been targeted in relation to their human rights work.
