Kenya: Submission to the 49th session of the Universal Periodic Review

Introduction

1. CSW is a human rights organisation specialising in the right to freedom of religion or belief (FoRB).

2. This submission seeks to draw the Council’s attention to the ongoing grave human rights violations in the Republic of Kenya, ahead of the state’s fourth Universal Periodic Review (UPR).

3. Kenya accepted 261 of the 319 recommendations given during the 3rd cycle of the UPR in January 2020.[1] Among these, Kenya accepted five recommendations pertaining to the right to FoRB, including calls to increase efforts to ensure that the right to FoRB is fully promoted and protected; that all of Kenya’s religious communities, and particularly Christians, are able to practise their religion without fear of being targeted by terrorist groups, to address discrimination and to tackle the root causes of religious radicalization.[2]

4. The reporting period overlapped with the Coronavirus pandemic, and the election of a new government led by former Vice President William Ruto.

Peaceful Protest, Economic and Social Rights

5. Mass Protests led primarily by Kenya’s Generation Z, began in the wake of the announcement by the government of the Finance Bill 2024/2025, which proposed to reduce the budget deficit and borrowing, and fund development projects, by raising $2.7billion in additional taxes.[3] Protestors have demanded the repeal of the Finance Bill and political change, and called out the Bill’s punitive administrative measures and controversial tax hikes. Many citizens believe the hikes would merely serve to further corruption and fund the extravagant lifestyles of many government officials rather than improve public services.

6. Many citizens were already struggling with the cost of living and the new Finance Bill would have meant additional levies on basic commodities, such as a 16% levy on bread, vegetable oil and sugar, and a new motor vehicle circulation tax at an annual charge of 2.5% of the value of a car, among others.[4] In addition to the mass demonstrations that were supported across the country, the government’s tax policies failed to adequately consider the economic, social and cultural rights of Kenyans, particularly those who struggle to secure adequate housing, food and access to healthcare.

7. Despite being largely peaceful, the anti-tax demonstrations that have rocked Kenya since June 2024 have seen at least 39 deaths, with allegations of the use of excessive and lethal force by the police and security agents. In addition, hundreds of peaceful protestors were arrested, largely in June and July 2024, and there have been reports of involuntary or enforced disappearances.

To read the submission in full, you can download the pdf here.

[1] United Nations, ‘Report of the Working Group of the Universal Periodic Review: Republic of Kenya Addendum’, A/HRC/44/9/Add.1, 6 July 2020, https://documents.un.org/doc/undoc/gen/g20/163/87/pdf/g2016387.pdf

[2] United Nations, ‘Report of the Working Group of the Universal Periodic Review: Republic of Kenya’, A/HRC/44/9, (Recommendations by: Timor-Leste, 142.246; Haiti, 142.151; Solomon Islands, 142.152; Solomon Islands, 142.150; Cyprus, 142.61), 20 March 2020, https://documents.un.org/doc/undoc/gen/g20/070/40/pdf/g2007040.pdf

[3] Reuters, ‘Explainer: What’s next after Kenya withdraws finance bill amid protests?’ 25 June 2024, https://www.reuters.com/world/africa/kenyas-finance-bill-why-has-it-triggered-protests-2024-06-25/

[4] Reuters, ‘Explainer: What’s next after Kenya withdraws finance bill amid protests?’, 25 June 2024, https://www.reuters.com/world/africa/kenyas-finance-bill-why-has-it-triggered-protests-2024-06-25/