The Law Society of Kenya has issued fresh demands to various arms of law enforcement following the release and withdrawal of charges of the Amnesty Kenya Executive Director Irungu Houghton and four of his co-accused.
In a joint statement with Amnesty International, the International Commission of Jurists (ICJ), the Kenya National Commission on Human Rights (KNCHR), and the Independent Medico-Legal Unit, the lawyers affirmed that although the outcome was welcome, it was not sufficient.
“Today, advocates for the five accused persons were informed that there was no charge sheet, and they were unconditionally released. Given the unlawful arrests and brutalisation of several protesters, this was a welcome development,” the accompanying statement read.
“We, however, note that individuals were assaulted, deprived of their liberty, arrested, and bonded to appear in court. The practice of detaining individuals without charging them has been abused as a means to harass, intimidate, and threaten human rights defenders.”
As a result, lawyers drawn from the four organisations are now seeking the government’s intervention in ending arbitrary arrests and abductions by holding those involved accountable.
To begin with, they demanded that the Inspector General of Police overhaul police tactics and prioritize peaceful engagement with protestors.
“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 stressed in the statement.
They also called on the Independent Policing Oversight Authority (IPOA) to urgently investigate the conduct of police officers who blatantly break the law by operating in plainclothes without identification, especially during demonstrations.
To the Internal Affairs Unit (IAU), they demanded they expedite investigations into the officers involved and publicise their findings without delay.
Lastly, they urged the Office of the Director of Public Prosecutions to pursue charges against individual officers implicated in the violations, ensuring superior officers are held accountable for their command failures.
In the women's march that happened at the end of the 16 days of activism against gender-based violence on December 10, police officers lobbed teargas at protestors and others reportedly assaulted and arrested peaceful protestors.
According to the joint statement, ten individuals were unlawfully detained, with five being charged with taking part in an "unlawful assembly," and the others released unconditionally.
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.
