Prime CS and Foreign Affairs Cabinet Secretary Musalia Mudavadi.Kenya has reaffirmed its commitment to upholding human rights and the rule of law in a detailed response to a joint communication from UN Special Rapporteurs concerning alleged violations by state authorities.
In a joint communication dated October 27, 2025, Foreign Affairs Cabinet Secretary Musalia Mudavadi assured the international community that the country remains firmly bound by its obligations under international and regional treaties, including the International Covenant on Civil and Political Rights (ICCPR), the African Charter on Human and Peoples’ Rights, and the Constitution of Kenya (2010).
Mudavadi noted that the issues raised by the UN experts are under active investigation and adjudication by independent constitutional bodies, including the Judiciary, the Office of the Director of Public Prosecutions (ODPP), and the Independent Policing Oversight Authority (IPOA).
“To preserve the independence of these institutions and avoid prejudicing ongoing judicial and quasi-judicial processes, the government is constrained from providing detailed commentary on specific cases,” the statement reads.
Mudavadi made the response through Kenya’s Permanent Representative to the United Nations Office in Geneva, Ambassador Fancy Too.
The PCS emphasised that Kenya, as a member of the UN Human Rights Council, takes seriously its obligations to uphold freedoms of speech, press, fair trial, and peaceful assembly.
He cited the country’s progressive constitution and robust Bill of Rights, describing it as one of the most comprehensive frameworks for protecting and promoting human rights globally.
The response also highlighted the country’s progress in strengthening civil society, noting that over 14,000 registered civil society organisations (CSOs) operate freely in the country.
The government underscored that the enactment of the Public Benefit Organisations (PBO) Act, effective May 2024, has eased registration procedures and extended tax and other benefits to registered groups.
Addressing specific allegations, the government said cases of alleged police excesses are independently reviewed by the Judiciary, ODPP, IPOA, and the National Police Service.
It listed ongoing court cases involving several individuals charged with incitement to violence, malicious damage to property, and unlawful possession of ammunition, confirming that judicial proceedings are still underway.
Addressing specific cases, the statement cited Mark Amiani, John Mulingwa Nzau, and Francis Mutunge Mwangi, charged with incitement to violence and malicious damage to property, who he said are now out on bail with proceedings ongoing.
As for Boniface Mwangi, he said he was charged with unlawful possession of ammunition and is also out on bail pending trial.
Martin Mavenjina, he said, was deported on grounds of national security but noted that the decision is under appeal before the Immigration Appeals Tribunal.
“All actions were taken in accordance with due process. The individuals were promptly produced before courts within 24 hours as required by the constitution,” he said.
He reaffirmed that the government continues to promote and protect civic space, emphasising that “an inclusive, participatory, and open society is vital for national progress.”
With regard to investigations into the 2024-25 protests and KHRC incident, Mudavadi stated that they are under review by Ipoa and that investigations are still active.
“Victims and families of alleged violations have access to remedy as provided under Article 48 of the constitution and also through civil suits and public interest litigation.
According to Mudavadi, the government has already set up a 14-member panel of experts on compensation of victims of demonstrations and public protests as a show of good faith.
The statement concluded that the country remains open to continued engagement with the UN and other partners in advancing human rights and democratic governance.
“We regret the absence of a response to UA Ken 4/2024 and assure you that this oversight will not recur,” he said.
