Nairobi, Kenya – August 24, 2024: In a bold move that underscores the rising tensions in Kenya, Bunge la Mwananchi President Francis Awino has taken the Kenya Kwanza administration to the East African Court of Justice (EACJ). Awino’s petition, submitted to the Arusha-based court, seeks to hold President William Ruto, Deputy President Rigathi Gachagua, and other top officials accountable for the deaths and injuries sustained during the recent Gen Z protests across the country.
Petition Seeks Accountability for Human Rights Violations
Awino’s petition accuses the government of gross human rights violations, specifically citing the constitutional right to peaceful protest, which he claims was systematically undermined by the state. The petition points to reports from various human rights organizations that estimate the protests resulted in over 60 fatalities and the mysterious disappearance of 66 individuals. These figures have fueled growing concerns about the government's handling of the youth-led demonstrations.
The petition details key incidents that, according to Awino, illustrate the state’s disregard for human rights. Among these is the tragic Githurai shooting, where military officers allegedly opened fire on protestors, resulting in multiple casualties. Additionally, the petition highlights the government's efforts to suppress media coverage by disrupting internet services during the protests, as well as the forceful eviction of thousands of residents from informal settlements in Mathare, Mukuru, and Kibera.
Legal Action Against Top Government Officials
In his submission to the EACJ, Awino calls for the court to take decisive action against President Ruto, Deputy President Gachagua, Attorney General Justin Muturi, Interior Cabinet Secretary Kithure Kindiki, and former Inspector General of Police Japhet Koome. He seeks to hold these officials criminally responsible for the alleged human rights violations that occurred during the protests.
"The Applicant respectfully requests the Court to grant the following reliefs," the petition states. Among the reliefs sought is a declaration that the government's actions or omissions constitute a violation of the fundamental principles of the East African Community (EAC) Treaty, specifically under Articles 6(d) and 7(2).
Awino’s petition also seeks an order directing the Kenyan government to conduct an immediate and thorough investigation into the human rights violations allegedly committed by state security forces. “An order directing the Respondent to initiate the necessary processes to conduct an immediate and thorough investigation into the human rights violations committed by the Respondent state and its security forces,” the petition demands.
Call for Immediate Action and Cessation of Violence
In addition to demanding accountability, Awino calls for a cessation order to prevent further violence against demonstrators and to ensure their safety and freedom. “A cessation order against the Respondent state to forthwith cease and desist from all forms of violence against demonstrators and ensure their safety and freedom,” the petition states.
The legal action taken by Awino represents a significant challenge to the Kenya Kwanza administration, as the EACJ’s decision could have far-reaching implications for the government’s handling of civil unrest. The petition also highlights the broader issues of state accountability and human rights in the East African region.
Next Steps and Regional Implications
As the EACJ considers the petition, all eyes will be on the court's response and the potential consequences for the Kenyan government. The case could set a precedent for how regional courts address allegations of human rights abuses within member states, particularly in situations where domestic avenues for justice are perceived as inadequate or compromised.
