- Citing lack of evidence, the court advised the police to release the rights crusaders on cash bail pending further investigation.
- Defenders Coalition and the Kenya Human Rights Commission jointly paid Sh270,000 as cash bail to secure their release.
Image: FILE
It took a defective charge sheet to have 27 activists arrested for protesting against forceful evictions in Nairobi released.
The 27 were arrested by police at the premises of Mathare Social Justice Centre and Ghetto Foundation offices on Wednesday, May 8, for what police claim was a riotous act.
The activists were released after the Makadara law courts, where they were presented, rejected the charging document as wanting and the evidence weak.
According to the charge sheet, they were engaging in unlawful assembly and taking part in a riot. If found guilty they are liable for life imprisonment.
The activists were protested demolitions in Mathare’s Kiamaiko area.
The exercise is being done by the government in coordination with police as part of efforts to evict those living within riparian zones.
The eviction order was issued after the Mathare River burst its banks onto nearby shanty houses in a massive torrent, sweeping scores downstream and killing at least 15 people.
The flash floods that killed at least 60 in Maai Mahiu let the Cabinet to issue the order.
The activists were released on Thursday, May 9.
Citing lack of evidence, the court advised the police to release the rights crusaders on cash bail pending further investigation and collection of evidence before plea taking on May 16.
Defenders Coalition and the Kenya Human Rights Commission jointly paid Sh270,000 as cash bail to secure their release.
But the Defenders Coalition complain that the Sh10,000 individual cash bail charged on each of the activists “is quite high considering their poor economic background.”
The organisation told the Star that the action was a dent on human rights record of the state.
“The Defenders Coalition strongly condemns the arrest of 27 human rights defenders at the Mathare Social Justice Centre and Ghetto Foundation Offices by National Police Service officers from Pangani police station on May 8, 2024,” the coalition said.
The lobby said that police stormed the spaces where the activists were meeting to discuss displacement and eviction of poor families following floods, distribution of humanitarian aid to the affected members and their communities and plans for a final send-off of the members' families.
“The arrests took place a few hours after victims of displacement due to heavy rains and flooding in Mathare informal settlement conducted peaceful demonstration along Mau Mau Road complaining about lack of humanitarian assistance,” the agency said.
“The arrest of the 27 HRDs took place on the eve of the May 9-10 United Nations Civil Society Conference being held in Nairobi. The conference is attended by national and international delegates that include diverse groups human rights defenders and civil society leaders, UN delegates, representatives from various states and missions across world, funders and government officials.”
Twenty six of the arrested activists were detained overnight at Pangani police station and one at Ruaraka police station.
“Arbitrary arrests and malicious prosecution of human rights defenders is a common harassment and intimidation tactic that the police in Kenya consistently use to silence HRDs and other groups perceived to question government policy,” Defenders Coalition added.
“We urge all human rights defenders, civil society organisations and UN Agencies defend the work of defending human rights and the constitutionally guaranteed fundamental rights and freedoms.”