Freedom of Association
There were reports of the threat to the freedom of association especially for Civil
Society Organizations from 2013 to 2016. The State had proposed stringent measures
against CSOs especially in the wake of insecurity in the country. The State allegedly
linked some CSOs to terrorism and used that avenue to curtail their freedom of
association. The notable organizations that were affected in this way were MUHURI
and Haki Africa. Through a court case, they were able to have the act of the State
declared illegal in November 2015 and they resumed operations.
The Public Benefits Organisations Act 2013 had not been operationalized for a long
time. Through protracted engagement between the State, KNCHR and CSOs the
Cabinet Secretary for Devolution and Planning finally operationalized the Act in
September 2016. This Act is crucial in guiding the work of Public Benefit
Organizations in Kenya. This is a good step forward towards enhancing the freedom of
association in Kenya.
Freedom of Assembly, Demonstration, Picketing and Petition
This right was violated during the demonstrations against the Independent Electoral and
Boundaries Commission. These demonstrations took place in the months of May and
June 2016 and turned chaotic in most occasions resulting in loss of lives, property and
injuries. KNCHR condemned the use of excessive force by the authorities during the
protests and also called on the members of the public to also adhere to their duty to
respect the rights of other people as they enjoy their freedom of assembly. There is still
much work to be done to ensure the enjoyment of the right to freedom of assembly in
Kenya. The authorities need to be sensitized so that they do not use excessive force and
threaten or violate the rights of protesters.
Corruption
Corruption appears to be a never ending challenge facing Kenya. Corruption has a grave
impact on the enjoyment of human rights. Several cases of corruption in the public
sector have been reported with varied efforts made by the State to hold those culpable
to account. The cases reported include Ministries such as the Devolution and Planning
Ministry whose Cabinet Secretary had to resign following allegation of corruption
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