The death of environmental activist Joannah Stutchbury on July 15 shocked the country and the world. Stutchbury, 67, was shot several times in broad daylight near her house in Nairobi as she was returning home.
Her death was linked to her outspoken stance for many years against illegal activities and land grabbing taking place at the Kiambu Forest Reserve and wetlands that neighbour her home.
Stuchbury’s killing attracted global attention. US special presidential envoy for climate John Kerry and Swedish youth activist Greta Thunberg were among many who condemned her murder. But she is not the first environmental defender in Kenya to be fatally attacked.
Conservationists, wildlife rangers, indigenous communities, small-scale farmers and others trying to protect their land and natural resources face continuous harassment from powerful individuals or institutions, while receiving little support from state authorities.
Bajila Kofa, a senior KWS officer, was shot to death on the Meru-Nanyuki highway in August 31 by unknown gunmen, who even took the time to collect the spent cartridges before escaping. Kofa was the chief security officer at Solio Ranch, a well-known rhino sanctuary and a constant target for poachers.
Land rights activist Esther Mwikali was killed in August 2019, her mutilated body found dumped near her farm in Murang’a county after she had gone missing. Mwikali led local community members in resisting forced evictions from their ancestral homes by powerful business people.
Robert Kiprotich was shot and killed in the Embobut Forest of Cherangany Hills in January 2018 by Kenya Forestry Service guards while herding cattle. He was a member of the indigenous hunter-gatherer Sengwer community that have traditionally lived in Embobut and Kabolet Forests.
“The Sengwer community have been denied the right to live peacefully in their ancestral land by the Kenyan government, their lives characterised by gross human rights violations,” says Winnie Sengwer, an advocacy officer at Defenders Coalition trust that works for the protection of human rights defenders (HRDs).
She adds that grassroots HRDs should be involved in environmentalism and community rights because “they are the most affected when we have effects of climate change and loss of biodiversity”.
I have had several threats. The police have told me that I am now the named target of an al Shabaab attack
MOUNTAIN TO CLIMB
For those nature champions still fighting on, their work is increasingly difficult and they remain vulnerable to harassment, especially when exposing irregular activities.
In May, conservationist Raabia Hawa’s name was omitted from the Kenya Wildlife Service (KWS) honorary warden listing after 10 years in this role. It happened, she believes, after her attempts to expose the illegal activities of a commercial fishing trawler.
In April, Hawa and KWS rangers boarded the MV Roberto after complaints by residents of Ungwana Bay in Kilifi county about dead turtles and dolphins washing up on the beach. Though a suspect was arrested, he never took a plea in court and the case has yet to be prosecuted.
Instead, the tables were apparently turned on her. “I have had several threats. The police have told me I am now the named target of an al Shabaab attack,” said Hawa, who would not reveal her location for safety reasons.
Violent intimidation of nature activists and land defenders is a global problem. A report by the organisation Frontline Defenders found that at least 331 defenders in 25 countries were murdered in 2020 alone. Yet ordinary people and grassroots communities are a key component of environmental protection and planning for sustainable resource extraction.
“The government cannot be everywhere. We need the whole of society’s approach to wildlife, environmental conservation and development,” says Irungu Houghton, executive director of Amnesty International, one of the petitioners in the Stutchbury appeal to the Senate.
Contrary to the commonly held view that eco-defenders are anti-development, Houghton says activists find themselves up against those who “seek to destroy wetlands, forests or our wildlife species for private and personal interest rather than the public good”.
In the case of MV Roberto, the vessel was found to be bottom-trawling in shallow waters in contravention of the Fisheries Act, and operating without any bycatch reduction devices to allow escapement of unwanted catch. Local fishing communities have long complained about unfair competition and the destructive effects of trawlers on marine ecosystems, which have diminished their livelihoods.
Hawa and the team confiscated more than 40 specimens of endangered species, including rays and juvenile sharks, and she believes that well-connected individuals have complicated the prosecution. “There should be regulation and enforcement on the ongoing trawling activities in Ugwana but they are carrying on with impunity,” she said.
“I am in a vulnerable position because I can no longer operate as I once did, to make an investigation or an arrest for wildlife crime. I have been deliberately disempowered because I did my duty,” she said. She says her letters to the Ministry of Environment and KWS about her warden’s status have gone unanswered.
LEGAL HELP
Safety and security fears keep many people from speaking out about environmental misconduct, especially where influential entities are involved. Inability to access resources or knowing who to turn to is another deterrent.
Sensing a gap between environmental violations and avenues of redress for affected communities, the wildlife organisation WildlifeDirect is in the process of establishing an Environmental Justice Desk (EJD). The goal is to provide legal help and advice on environmental matters to members of the public through a team of trained personnel.
Mechanisms such as Nema, Office of the Ombudsman or the courts exist for lodging environmental complaints. But, says WildlifeDirect CEO Dr Paula Kahumbu, people are often not willing to expose themselves or take on a bare-knuckle fight. “There is a whole legal structure in place to question or challenge whatever is going on. People should not be afraid of using laws created specifically for complaints services,” Kahumbu said.
WildlifeDirect has been monitoring wildlife crime and compliance of environmental laws for many years. Consequently, it has become the default option for environmental justice, with individuals reaching out for assistance, advice and access to lawyers and experts.
Says Kahumbu, “People don’t know how to contact official authorities but they know about us and they have faith that we will take action.” In May, Kahumbu won the Whitely Gold Award, a prestigious environmental honour that comes with a cash prize of £100,000, and she will dedicate part of this money towards establishing an EJD.
Nevertheless, Kahumbu acknowledges it is not feasible for a single organisation to pursue the gamut of environmental injustices. “That is why we have a coalition behind the Joanna Stuchbury case, as every organisation has its own talents and skills.”
Some 37 organisations are listed in the Stutchbury Senate petition which, perhaps, explains why this investigation has come so far. Although the police case has yet to be concluded, it is unprecedented for a parliamentary committee to hear a case involving the alleged killing of an environmentalist.
PHYSICAL, DIGITAL SECURITY
Stories about the deaths and regular harassment of eco-defenders may have fallen off front-page news, but legal action needs to continue. “That is why we have police investigators, prosecutors and judges whose job it is to investigate and prosecute suspects and human rights organisations to follow up and demand justice,” Houghton said.
In other instances, practical defence skills are called for. Defenders Coalition helps human rights defenders boost their safety, security and wellbeing through a three-day training course of applicable strategies. “We have trained more than 150 land rights defenders on how to enhance their physical and digital security, and how to document human rights violations against defenders,” Senger says.
Governing laws need to be upheld by citizens, institutions and those mandated to manage our natural resources. In October, Environment CS Keriako Tobiko presented to the Senate committee names of individuals and companies that have acquired land in the forest that has never been de-gazetted.
In early November, the Senate committee visited Kiambu Forest and later stated that landowners will be required to appear before it.
Advances in the Stutchbury case are a significant step forward in seeking justice for frontline defenders of land and environmental rights.
Edited by T Jalio
