Background
The Ruto administration’s nearly 4.5 trillion shillings ($31.8b) budget. The majority of Kenyans say: “The law would double the VAT on fuel, whose knock-on effects would see prices rise across the board, introduce an unpopular housing levy and raise taxes on digital content producers and employees earning more than 500,000 shillings ($3,500) a month.” (See Patrick Gathara/Al Jazeera).
According to Ruto’s government, tax hikes, which include a doubling of the fuel tax and the introduction of a levy to fund affordable housing will raise an extra 200 billion Kenyan shillings ($1.42bn) a year and are necessary to deal with growing debt repayments and to create job opportunities.
However, Raila Odinga, the Leader of the opposition groups asserts that the tax hikes will only exacerbate the hardships faced by Kenyans, who are already struggling with the skyrocketing prices of basic commodities, including food. (See Natalia Jidovanu/Al Jazeera). Thus, Odinga has called for civil disobedience and weekly nationwide protests against President William Ruto’s government and recent tax hikes, and the rising cost of living.
Threat on the Right of Freedom of Peaceful Assembly
Protesters clashed with the police last Wednesday. Security forces were deployed to disperse the protesters as they were demonstrating against the new policies. Police used disproportional force against civilians including firearms resulting in deaths and injuries. Jeremy Laurence, UN Human Rights Office (OHCHR) Spokesperson stated: “Reports say up to 23 people have been killed and dozens injured in the demonstrations in the past week.”
Recommendations
The Kenyan government must respect the right to freedom of peaceful assembly as guaranteed in Article 37 of the Constitution of Kenya, as well as its international obligation with regard to international human rights law in the general interest of all Kenyans. It is crucial to impartially investigate and hold accountable those involved in the deaths and injuries of civilians.
I call on the Kenya Police to follow the principle of the “intelligent bayonet” in order to avoid similar violence in the future. As I fully explained herein on page 87, this principle allows the Police to disobey any obviously illegal order violating human rights.
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Dr. Denakpon L. Tchobo
Dr. Denakpon L. Tchobo is the Co-founder and President of Global Justice Intelligence Eyes, Inc. (GJIE), International Criminal Lawyer, and Human Rights Consultant. He is the author of several articles including books such as Genocide: The Darkness of International Criminal Law, and Human Rights in International Criminal Law. He also is the author of the proposed draft Convention on the Prevention and the Punishment of Groupicide.