Amnesty International Kenya has condemned the recent political violence witnessed in many parts of Kenya, most recently in Kenol, Muranga County leading to the deaths of two men aged 21 and 15.
Executive director Irungu Houghton said in line with the Constitution and international human rights law, every citizen has the freedom to exercise their right to make political choices, participate in political party activities, freely express themselves and assemble publicly and that these civil and political rights underpin our democracy.
He added organisers of political rallies are reminded that under Article 37 every person has the right to peaceably assemble or demonstrate without weapons. Under Kenyan law, organisers of assemblies and gatherings should notify the police.
He said the police have an obligation to facilitate these meetings and provide security for members of the public regardless of their political persuasion.
“However, these rights are not absolute. They must be exercised in accordance with the law and with respect for other peoples’ rights. Article 81 of the constitution sets a standard for all election related activities to be free of violence, intimidation, undue influence and corruption. Political zoning therefore has no place in our democracy,” he said.
He urged politicians and their supporters to respect the rights of others to have divergent views. We call on all to desist from inciting others to violence, hate speech or the discrimination of others in line with Article 33 (2).
Irungu called on police to comply with the spirit and letter of Article 21 and 245 of the constitution arguing they have a fundamental duty to remain politically neutral and non-partisan and protect the human rights of all.
He told the National Security Advisory Committee that the freedom and independence of the media is protected from state control or interference arguing Article 34 of the constitution expressly prevents the state from penalizing any person for any opinion and the content of any broadcast, publication or dissemination.
“All complaints against the media should be addressed through the self-regulating mechanism of the Media Council of Kenya, the Complaints Commission and the Communications and Multimedia Appeals Tribunal.”
He called on the Kenya National Commission on Human Rights and the police to conclude investigations into the circumstances leading to the death of the two in Muranga two weeks ago with a view of prosecuting those responsible.
A team of detectives is on the ground investigating the incident and has so far interrogated dozens of people over the same. The deaths happened hours before Deputy President William Ruto arrived there.
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