KNCHR raises concern over deaths, violent fuel strike

Police watch from a distance as matatu operators continue with fuel price protests around Roysambu on May 18 /VICTOR IMBOTO

The Kenya National Commission on Human Rights (KNCHR) has raised concerns over alleged human rights violations following violent protests linked to the nationwide fuel strike that left at least four people dead and dozens injured.

In a statement, the commission said the demonstrations, which started peacefully on Monday morning, later degenerated into chaos after a section of protesters turned violent, blocked roads using barricades and bonfires and attacked motorists and members of the public.

The anti-fuel price demonstrations were called by the Transport Sector Alliance after the Energy and Petroleum Regulatory Authority (Epra) sharply increased fuel prices in its May-June review.

While condemning acts of violence, looting and destruction of property witnessed in several parts of the country, the rights commission expressed concern over allegations of excessive force by law enforcement officers during the crackdown.

“KNCHR is concerned by allegations of excessive use of force, including the use of lethal force, which reportedly resulted in fatalities and gunshot injuries,” the commission said.

The commission acknowledged efforts by police officers to restore order in several affected areas, saying the intervention helped avert further destruction and loss of property.

However, it emphasised that the use of force by police must remain within constitutional limits.

“The use of force by law enforcement officers must at all times comply with the constitutional principles of legality, necessity, proportionality, accountability and respect for the right to life and human dignity,” KNCHR said.

The commission urged police to adopt less-lethal crowd control methods to minimise injuries and deaths among protesters and innocent bystanders.

Monday’s demonstrations triggered widespread disruption across major towns and highways as transport operators protested soaring fuel costs and the rising cost of living.

Roads in several areas were barricaded using stones, burning tyres and debris as protesters clashed with police in running battles that paralysed movement and business activities.

Police said at least four people died, 30 others were injured and 348 suspects arrested during the unrest.

In Nairobi alone, police arrested at least 225 people, with authorities indicating that some suspects could face charges including economic sabotage and malicious damage to property.

Beyond the deaths, injuries and destruction, KNCHR said the protests also disrupted access to education after several schools suspended physical learning because of transport difficulties and insecurity.

The commission noted that children and vulnerable groups were among those heavily affected by the unrest.

“Beyond loss of lives, injuries and destruction of property, the chaotic events also caused widespread school closures, significantly disrupting the right to education for many learners, particularly children and vulnerable groups,” the commission said.

KNCHR reiterated that the rights to strike, protest and demonstrate are protected under Articles 37 and 41 of the constitution but stressed that such rights must be exercised peacefully and responsibly.

“The commission reminds all persons in Kenya that the right to strike, protest and demonstrate is constitutionally protected under Articles 37 and 41 of the Constitution of Kenya and must be exercised peacefully and responsibly,” it said.

The commission further warned that legitimate industrial action and public demonstrations should not become platforms for criminality or attacks against innocent civilians.

KNCHR called for investigations into all acts of violence witnessed during the demonstrations and urged authorities to prosecute those responsible.

“The commission calls for the immediate investigation, arrest and prosecution of all individuals responsible for acts of violence, destruction of property and violations of the rights of others during the protests.”

The strike continued into Tuesday despite government efforts to calm tensions by reducing diesel prices by Sh10.06 per litre following talks between officials and transport sector representatives.

The revised prices left Super Petrol unchanged while Kerosene prices increased by Sh38.60 per litre.

However, matatu operators rejected the concessions, insisting the reduction fell short of their demands.

“We didn't agree, they gave us Sh10 and we did state Sh35 up to Sh30. The strike is still on,” an official from the Matatu Owners Association said after Monday evening talks at Transcom House.

KNCHR sent condolences to families that lost loved ones during the protests and urged all stakeholders to embrace dialogue, accountability and respect for the rule of law as efforts continue to resolve the crisis.