The Kenya National Commission on Human Rights (KNCHR), the national human rights institution of Kenya, has published a report on the situation of HRDs in conflict with the law.
The report shows that there are clear patterns in the violations of HRDs, whether related to whom perpetrates the violations, when the violations are committed and who are the groups of victims. The report also highlights the need for contributions from national agencies to the creation of an enabling environment for the exercise of the right to defend human rights. Overall, the KNCHR notes that there has been an improvement in how law enforcement agencies handle HRDs who are in conflict with the law. Nonetheless, it still notes with concern the following list of issues:
- The violation of the constitutional rights of arrested persons;
- Punitive bail terms;
- Impacts of the arrest of HRDs;
- Misuse of provision on withdrawal of prosecution;
- Deterrence to other HRDs;
- Profiling of HRDs and fabrication of charges;
- Politicization of HRDs work;
- Lack of awareness on provisions of protection mechanisms;
- Self-representation.
The report was written after monitoring and visits to places of detention where HRDs had been detained and provides a list of recommendations.
