Kenya: Calls for justice as assaults on rights escalate

ARTICLE 19 Eastern Africa is deeply concerned by the escalating restrictions on the rights to freedom of expression, peaceful assembly, and association in Kenya following the policing of the June anniversary commemorations of the anti-Finance Bill 2024 protests and the subsequent Saba Saba demonstrations. The deployment of extensive police roadblocks, blanket restrictions on assemblies, mass arrests, criminal prosecution of protesters, and allegations of torture, enforced disappearance, and other forms of ill-treatment reflect a troubling pattern of shrinking civic space and undermine Kenya’s constitutional and international human rights obligations. 

On 25 June 2026, families of victims killed during the June 2024 anti-Finance Bill protests, together with civil society organisations, youth activists, and opposition leaders, gathered to commemorate those who lost their lives and to demand justice, accountability, and transparency in the government’s protest victims compensation programme. The demonstrations marked two years since security forces opened fire on protesters outside parliament during nationwide protests against the Finance Bill, resulting in the deaths of at least 60 people and injuries to many others. While the government has since announced a compensation programme estimated at KSh2 billion, victims’ families and civil society organisations continue to raise concerns over the lack of transparency surrounding the process and the absence of accountability for those responsible for the killings, among other concerns. 

Despite earlier assurances that authorities would help facilitate the 25 June anniversary demonstrations, security agencies mounted an extensive operation across Nairobi. Major roads leading into the city were blocked, parliament was barricaded, businesses closed, and police dispersed demonstrators with tear gas, including families and activists seeking to present petitions to public institutions. According to the Cabinet Secretary for Interior, at least 355 people were arrested across Nairobi and other parts of the country, with authorities describing those arrested as criminals and justifying the measures as necessary to maintain public order. 

ARTICLE 19 is deeply alarmed by subsequent reports that six protesters arrested during the commemorative demonstrations were later found abandoned in different parts of Nairobi after allegedly being subjected to torture and other forms of ill-treatment while in custody. According to news outlets, the individuals reported being beaten and tortured before being dumped by the roadside; they required medical treatment for their injuries. These allegations amount to grave violations of the rights to liberty, security of the person, dignity, and freedom from torture, and require prompt, independent, impartial, and transparent investigations capable of holding those responsible to account.

Protesters notified the police – and were still targeted

Despite notifying law enforcement authorities on 18 June, people were still targeted for peaceful protest on 25 June.

The restrictions witnessed during the 25 June commemorations continued in the lead up to the annual Saba Saba demonstrations held on 7 July. Saba Saba commemorates the historic 7 July 1990 protests that successfully ended one-party rule in Kenya, paving the way for multi-party democracy. Civil society celebrates the day annually, protesting against corruption, systemic injustice, and human rights abuses. 

This year, the organisers formally notified the National Police Service of their intention to organise a peaceful procession from Jeevanjee Gardens to parliament to present a petition calling for parliamentary intervention on extrajudicial killings, enforced disappearances, and excessive use of force by security agencies. Despite this notification, the Nairobi Regional Police Commander publicly declared that demonstrations would not be permitted within the Central Business District and warned that anyone gathering for protests would be treated as participating in an unlawful assembly. Security agencies further announced that areas surrounding parliament would be designated restricted zones and that vehicles entering the city centre would be subjected to security screening. 

Following the demonstrations on 25 June, six activists were arraigned before the Milimani Law Courts and charged with allegedly obstructing the operation of motor vehicles on a public road under Section 58(c) of the Kenya Roads Act. They pleaded not guilty and were released on cash bail pending the hearing of their case. ARTICLE 19 is concerned by the continued use of criminal law to prosecute individuals for participating in or facilitating peaceful assemblies, contrary to Kenya’s constitutional and international human rights obligations. 

ARTICLE 19 further notes that the legality of the policing measures employed during the 25 June commemorations is currently the subject of proceedings before the High Court in response to contempt proceedings filed by the Katiba Institute. The National Police Service has defended the widespread deployment of roadblocks and checkpoints, arguing that they were operational measures adopted in response to evolving security threats and did not violate existing court orders requiring advance notice of planned road closures. The police have further argued that organisers failed to issue the notification required under Section 5 of the Public Order Act and that the restrictions were lawful responses aimed at preventing violence and protecting public order. 

Peaceful protest and freedom of expression are guaranteed under the constitution

While authorities have a legitimate obligation to maintain public safety and protect lives and property, ARTICLE 19 reiterates that such powers must be exercised strictly in accordance with the constitution and international human rights law. The notification requirement under the Public Order Act is intended to facilitate peaceful assemblies and enable appropriate security arrangements; it does not grant the police authority to prohibit demonstrations or impose blanket restrictions on the exercise of constitutional rights. Similarly, roadblocks, movement restrictions, and security operations must be demonstrably lawful, necessary, proportionate, time-bound, and non-discriminatory. They should never be used to prevent citizens from accessing public spaces, presenting petitions, or expressing dissent peacefully. 

The cumulative effect of the 25 June anniversary response, the policing of the Saba Saba commemorations, the prosecution of protesters, the allegations of torture and enforced disappearance, and the continued defence of restrictive policing measures before the courts reflects an increasingly restrictive approach to civic space in Kenya. Such actions undermine public confidence in democratic institutions, discourage civic participation, and erode the ability of individuals to freely express their opinions, assemble peacefully, associate with others, and hold public authorities accountable. 

The rights to freedom of expression, access to information, association, and peaceful assembly are guaranteed under Articles 33, 35, 36, and 37 of the Constitution of Kenya and protected under the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. These protections require the state not only to refrain from interfering with peaceful assemblies but also to actively facilitate them, protect participants from violence, ensure transparency in policing operations, and provide effective remedies where violations occur. 

ARTICLE 19 also raises concerns over the arrest and detainment of Mr Bob Njagi, a human rights defender and convenor of the Free Kenya Movement. He was arrested on 24 June 2026 in Kitengela and was charged with treason and incitement linked to the June protests anniversary. On 2 July, the Kajiado Law Courts ordered the file to be closed as the Directorate of Criminal Investigations had failed to establish any merit or evidence for the charges. It is worth noting that the Kenyan government was responsible for the enforced disappearance of Bob Njagi for 32 days in September 2024, and that the Ugandan government was responsible for his disappearance for 38 days in November 2025.  

ARTICLE 19 Eastern Africa therefore calls upon the Government of Kenya and the National Police Service to: 

1. Immediately cease the unlawful restriction of peaceful assemblies, ensure that all policing of demonstrations comply with the principles of legality, necessity, proportionality, accountability, and non-discrimination; 
2. Conduct prompt, independent, impartial, and transparent investigations into allegations of excessive use of force, arbitrary arrests, torture, enforced disappearances, and other human rights violations committed during the 25 June and Saba Saba demonstrations;
3. Guarantee the immediate disclosure of the whereabouts of any missing persons and ensure accountability for enforced disappearances; 
4. Withdraw criminal charges brought solely for the peaceful exercise of constitutional rights; 
5. Fully comply with existing court orders governing the policing of public assemblies, and ensure full transparency and accountability in the implementation of the compensation programme for victims of the June 2024 protests. 

As Kenya continues to confront legitimate public demands for justice, accountability, and governance reform, the authorities must recognise that peaceful protest is a cornerstone of democratic participation. Protecting civic space, respecting constitutional freedoms, and ensuring accountability for violations committed by state actors are indispensable to restoring public trust and strengthening Kenya’s democratic institutions.