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STATE OF SURVEILLANCE IN KENYA

Introduction

Acknowledgement 

The State of Surveillance in Kenya is the result of an ongoing collaboration by Privacy International and National Coalition of Human Rights Defenders – Kenya.

Right to Privacy

The constitution

Article 31 of the Constitution specifically protects the right to privacy. It states:

“Every person has the right to privacy, which includes the right not to have—

(a) their person, home or property searched;
(b) their possessions seized;
(c) information relating to their family or private affairs unnecessarily required or revealed; or
(d) the privacy of their communications infringed.”

Furthermore, Article 2 of Kenya’s Constitution states that Kenya’s international obligations, such as its commitment to the Universal Declaration of Human Rights and International Covenant on Civil and Political Rights, which include privacy rights, are part of Kenyan domestic law. It states:

“(5) The general rules of international law shall form part of the law of Kenya.

(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.”

Regional and international conventions

Kenya is a signatory to or has ratified a number of international conventions with privacy implications, including:

Communication Surveillance

Introduction

The Communications Authority of Kenya (CA) collects statistics on the communications sector. Mobile penetration was recorded at 83.9% in June 2015, with 36.1 million mobile subscriptions. There were an estimated 29.6 million internet users in Kenya in June 2015, with 69% of the population having access to the internet, according to the CA.

Social media is widely used in Kenya. According to a June 2015 report by the Bloggers Association of Kenya (BAKE), social media platforms such as blogs, Twitter and Facebook have “become an effective tool through which Kenyans can write on topics of interest to them as well as exercise their freedom to free speech.”

Popular platforms include Twitter and Facebook. Facebook had 4 million Kenyan users in June 2015. Kenya had over 700,000 confirmed monthly active users on Twitter, the majority of which accessed Twitter on a daily basis.

READ MORE AT: https://www.privacyinternational.org/node/980

PUBLIC STATEMENT ON TAVETA 10

NCHRD-K Concerned with criminalization of human rights defense, punitive bail against human rights defenders and whistleblowers

Nairobi, 14 November 2016

Ten persons, including local farmers and activists are languishing in Taveta GK Prison for protesting against illegal land acquisitions and corruption in the county. The ten were arrested on 31 October 2016 and charged in court the following day in Taveta Court in Taita Taveta County of Kenya. They are accused of participating in an unlawful assembly contrary to s. 79 of the penal code. (CR Case No 381/2016).

The ten: Charles Mwanzia; Ramadhan Mathenge Kamosu; Justus Munyao; Fabian Ngure; Julius Kimondio; Frank Mbomani; Ambrose Hemed; Msafiri Mkillo; Julius Masuma; Peter Kithome have been unable to each raise the bond that the Court set at Kshs 300,000 with 2 sureties for each of the accused and are languishing in detention over misdemeanor charges.

Download the Statement here:

nchrd-public-statement-on-taveta-10

PRESS STATEMENT CONDEMNING BRUTAL USE OF FORCE BY POLICE IN NAIROBI 03/11/2016

press-statement-condemning-brutal-use-of-force-by-police-in-nairobi-03112016

PRESS STATEMENT ON THE BREAK-IN INTO THE HOME OF HUMAN RIGHTS DEFENDER MR.KHELEF KHALIFA

PRESS STATEMENTON THE BREAK-IN INTO THE HOME OF HUMAN RIGHTS DEFENDER MR.KHELEF KHALIFA

26 October2016

press-statement-on-break-in-to-khelef-home-26102016

Human Rights Defenders Awards 2016

HRDs Awards

HRDs Awards

INTRODUCTION

An independent and vibrant civil society is beneficial to the development of a society that would thrive on the values and principles as intended within the Constitution of Kenya 2010 (Article 10); accountability, transparency, good governance and public participation. Human rights defenders play a critical role in complementing the government in promoting and protecting these values along with respect for human rights. However, in the course of their work, HRDs are faced with numerous challenges; surveillance, vilification, arbitrary arrests, malicious prosecutions, torture, threats to their life and livelihoods, thus limiting their operating environment. Despite these challenges, HRDs continue to show resilience in their work towards the realisation of human rights in Kenya.

It is on this premise that the Working Group on Human Rights Defenders in Kenya, that comprise of CSOs and development partners in Kenya, concerned with the protection of human rights defenders endeavour to publicly recognise the work of HRDs in Kenya through a HRD award ceremony to take place on 10th December – International Human Rights Day- when we commemorate the adoption of the Universal Declaration of Human Rights (UDHR) (1948) by the General Assembly of the United Nations. The 2016 Award ceremony willa be hosted by His Excellency the Ambassador of the Kingdom of the Netherlands in Kenya.

THE OBJECTIVES

The objectives of this award is to:

  1. Honour the extra ordinary work of HRDs in the promotion and protection of human rights, profiling the work of HRDs and challenges they face as agents of social change and transformation.
  2. Recognise and appreciate the human rights work of young and upcoming HRDs in Kenya.
  3. Enhance the safety and protection of all HRDs in Kenya

SELECTION PROCESS

  • Nomination: The Working Group on Human Rights Defenders in Kenya will develop a call for nominations which will be widely circulated by NCHRD-K and other partners. This call will outline the criteria for eligibility for nomination.
  • Shortlisting: A panel will shortlist ten individuals within the set out guidelines for shortlisting candidates.
  • Verification: The panel will then verify the HRDs human rights work through a field visit where interviews will be conducted with those who work with the HRDs.
  • Judging: The judging panel, which will comprise eminent individuals in the human rights sector, will make a final decision, from the ten names submitted, who the recipient of the HRD award and the upcoming HRD award will be.
  • Award ceremony: this will be held annually on the 10th of December and will see the presence of representatives from the missions, CSOs, government, select HRDs and the media who will cover the event.

SELECTION CRITERIA

The following will be taken into consideration:

  • Grassroots based HRD
  • Demonstrable impact of the HRDs human rights work to the community
  • The role of the HRD in promoting human rights
  • ‘Civil courage’ of the HRD in his/her human rights work
  • Demonstrated leadership, innovation and creativity in his/her human rights work
  • Contribution to development of a human rights based approach within his/her county in regards to the thematic area of focus
  • Future goals and likely impact
  • Degree of difficulty of the achievement and sacrifices made
  • Visibility derived from award to enhance work of HRD to promote human rights and active citizenship
  • The HRD should have a link to the community and his/her work should have built or working towards building a movement
  • The HRD should be a seasoned or upcoming in the human rights field

AWARD

Two awards will be presented to the overall winner, HRD of the year and an upcoming HRD.

The overall winner will receive:

  • Cash reward of $1000
  • A plaque with the HRDs name on it
  • Will be the guest at the HRD award ceremony 2017

The Upcoming HRD will receive:

  • Cash reward of $1000
  • A plaque with the HRDs name on it
  • Will be the guest at the HRD award ceremony 2017

The NCHRD-K therefore calls for nominations for the inaugural Human Rights Defenders Award 2016. Nominations are open until October 14 2016 at 12.00 pm.

All nomination forms should be sent back to the NCHRD-K via advocacy@hrdcoalition.org with a clear subject line “HRD AWARD NOMINATION”

Download the nomination form below.

HRDs-Awards-2016-nomination-form

REPORT ON REGIONAL DIALOGUE ON SHRINKING SPACE

Introduction
The United Nations (UN) identifies the significant role played by regional human rights defenders in the promotion and protection of human rights. The Vienna Declaration and Programme of Action, espoused by the World Conference on Human Rights in 1993, authorized attempts to support and augment the usefulness of these measures while at the same time augmenting the significance of their cooperation with the UN human rights system. This has been authenticated by the UN General Assembly in a number of its declarations calling for the Secretary-General to keep on strengthening the exchanges between the UN and regional inter-governmental organizations dealing with human rights.

The report is attached below.

REPORT-ON-REGIONAL-DIALOGUE-ON-SHRINKING-SPACE

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