Labour Day celebrations are held every year on May 1 to recognise Kenyan workers for their commitment towards growing the country's economy.
This year, however, Kenyans did not have much to celebrate, mostly owing to the ravaging effects of the Covid-19 pandemic on the economy.
While President Uhuru Kenyatta led a low-key labour day celebration at State House gardens, Kenyans who had gathered in the Nairobi CBD in preparation to march to State House to express their grievances over the Covid-19 containment measures and call for the government to address their grievances were being attacked by the police.
Police fired teargas, used excessive force and arrested at least one protester. Reports also indicate that journalists covering the protest were not spared, and one of them was shot and injured when a teargas canister was shot at them.
Earlier in April, Kenyans had taken to social media to express their grievances in regard government's appetite for loans. They took to the IMF social media platform urging it to cancel a loan that had been extended to the Kenyan government, arguing they were already overburdened by loans, while previous disbursements had been looted.
Mutemi wa Kiama, who was among those who participated in the online protest, was resultantly arrested. The DCI filed an application to detain him for 14 days pending investigations on alleged contravention of Section 22 of the Computer Misuse and Cybercrimes Act of 2018.
In a worrying turn of events, the court directed that Kiama’s social media accounts be blocked, and barred him from expressing himself on Covid-19 loans matters.
SHRINKING CIVIC SPACE
The crackdown on individuals and groups on the basis of Covid-19 management paints a picture of how the pandemic, now in its second year, has moved from a health issue to a human rights matter, with a direct limiting impact on civic space.
In an ideal society, a dynamic and plural civic space ensures governing institutions take into account the interests, needs and concerns of society at large.
When the civic space shrinks, governments and institutions are less likely to be responsive to society's interests and human rights defenders, journalists and other civil society actors that are vocal about the shortcomings of the government are targeted.
The Covid-19 measures introduced after the first case was reported in Kenya inadvertently restricted various rights and freedoms, including those fundamental to the functioning of civil society actors such as freedoms of association and assembly.
While the freedom of assembly can in some instances be limited, it must be provided by law, serve a legitimate purpose and be necessary and proportionate in a democratic state.
The restrictions, however, seem to be implemented selectively in Kenya, whereby politicians are allowed to hold gatherings and rallies, while other individuals and groups are targeted by police for exercising the same rights.
For instance, since the beginning of the implementation of the containment measures, there are dozens of cases of civil society and media actors being targeted for either documenting and/or airing their grievances around various issues related to the management of the Covid-19 pandemic.
Journalists have been attacked by law enforcement for exposing human rights violations during the curfew hours, human rights defenders have been arrested, beaten for exercising their right to protest under the veil of the restrictions.
In an ideal society, and especially in such a situation where frustrations and challenges in society are at their peak due to the effects of the pandemic, the civic space is supposed to be open — the state stands by its duty to protect and promote the rights to freedom of association, assembly and expression. When these fundamental rights are respected and promoted, individuals and groups are able to freely organise, participate and communicate freely without discrimination.
However, it is increasingly worrying that at such a time the avenues available to individuals and groups to express grievances and participate meaningfully in governance processes are overtly being blocked by the state.
ROLE OF CIVIL SOCIETY
Conceptually, society is made up of three critical actors — the state, market and civic societies. Ideally, they are expected to operate independently, enjoy autonomy and complement each others’ actions for the benefit of the citizens.
At various points throughout history, civil society has taken on the role of leading great movements of change, including civil rights, gender equality and other parity movements.
It is high time that the government recognised that a vibrant civil society is as an important element of contemporary social and political life and as a precondition for democratic development and popular participation.
It should increasingly respect the role of civil society and commit to protect and expand civic space, especially during these unprecedented times to effectively combat the pandemic and ultimately build back better.
Muthuri Kathure is the senior program officer- Civic Space and Jeremy Ouma is the program assistant- Civic Space at Article 19
