Amnesty International Kenya Executive Director Irungu Houghton and four others were Monday, December 16, 2024, released unconditionally after spending six days in custody.
They had been arrested on December 10, 2024, for allegedly participating in an “unlawful assembly” during anti-femicide protests in Nairobi.
Lobby groups involved in organizing the protest insisted that all legal requirements were adhered to, including a formal notification submitted to the Office of the Regional Police Commander on December 4, 2024. In a joint statement on Monday, human rights organizations confirmed the release of the five, stating that no charges were filed.
“Today advocates for the five accused persons were informed that there was no charge sheet and were unconditionally released,” the human rights groups said in a joint statement.
“Given the unlawful arrests and brutalization of several protesters, this was a welcome development. We however note that persons were assaulted, deprived of liberty, arrested, and bonded to appear in court.”
The groups condemned the police for violating the rights of the arrested individuals, citing the use of teargas, arbitrary detention, and excessive force against demonstrators. They reported that eight protesters suffered physical injuries, sexual assaults, and harm from rubber bullets and teargas.
Ten individuals were detained during the protests, with five charged with participating in an unlawful assembly. The remaining individuals were released without charges. Human rights groups have called for the Inspector General of Police to reform crowd control tactics, urging the Independent Policing Oversight Authority (IPOA) and Internal Affairs Unit (IAU) to expedite investigations. They also called on the Director of Public Prosecutions (DPP) to take action against officers implicated in the violence.
The National Police Service and other agencies have launched investigations into the police’s actions during the protest. Interior Principal Secretary Dr. Raymond Omollo condemned the violence, terming it “unfortunate and unacceptable.”
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Speaking on Wednesday night, Dr. Omollo stated, “We have engaged the Inspector General of Police, and it is regrettable that such actions occurred. This incident highlights the challenges within our policing system, and we are committed to addressing them.”
He acknowledged the importance of the protests in raising awareness about femicide, particularly on International Human Rights Day, and emphasized that investigations would hold those responsible accountable. “Anyone found culpable will face the legal process,” he assured.
Dr. Omollo also likened the police response to a well-intentioned act gone wrong, saying, “It’s like a parent trying to correct a child but going overboard in the process. Such actions are not acceptable, and we deeply regret the incident.”
The incident has drawn sharp criticism from both local and international quarters. Protesters shared images of live bullets allegedly fired by police, along with accounts of violent dispersal. The United States Embassy in Nairobi condemned the incident, expressing concern over the use of force on peaceful demonstrators.
“It is regrettable and concerning to see police action against Kenyans exercising their constitutional rights to assemble and protest peacefully,” read a statement from the Embassy. The statement underscored the U.S.’s support for efforts to end femicide and protect human rights.
Rights groups including Amnesty International Kenya, the Law Society of Kenya (LSK), and the End Femicide KE Movement described the police response as a grave violation of human rights.
“The violent response by police, including arrests of peaceful protestors, is an attack on Kenya’s democratic principles and human rights. These actions violate national and international human rights laws and undermine the rule of law,” the groups said in a joint statement.
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