Caroline Mwatha was a founding member and senior officer at the Dandora Community Justice Center. As a human rights defender, she was dealing with issues of extrajudicial killings in Dandora and adjacent areas. In the many days she worked at the centre, she documented numerous cases involving various police officers. Her family reports recently, she had been receiving threats and feared for her life. Little did they know that their fears would come to pass.
On February 6 Caroline went missing. Efforts were made by family and friends to look for her in hospitals, police stations and morgues. The family reported that on February 7 and 9, they visited the morgue and there was no indication of her body being there. As the uncertainty about her whereabouts increased, more attention was raised about her disappearance as social and mainstream media picked up her issue.
On Monday, February 11, a vigil was held at her workplace in Dandora. Comrades from all over attended, including human rights defenders from Haki Africa who joined the vigil all the way from Mombasa. During the vigil, it was agreed that a mass demonstration be held on February 13 to push for investigations into Caroline’s whereabouts. Alas! On February 12, the day before the demonstration, word went out that the body was lying at City Mortuary.
Word spread and in no time, human rights defenders and journalists had made their way to the mortuary. Amongst others, Dandora Community Justice Center, Haki Africa, Kenya Human Rights Commission, Amnesty International Kenya and Caroline’s family converged at the mortuary to confirm the news. To the heartbreak of all, it was confirmed that the body lying at the mortuary was indeed that of their comrade.
Caroline’s death is yet another mysterious one within the human rights fraternity. Other key killings include that of Willie Kimani, his driver and his client. Drawing parallels from the two cases, confirmation of death came days after their disappearances. Both Caroline and Willie were dealing with cases that involved police officers. Both were human rights defenders helping clients who were under threat.
So why are human rights defenders under serious threat yet the Constitution guarantees everyone their rights? Article 19 ( 2 ) of the Constitution provides that “the purpose of recognising and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realisation of the potential of all human beings.” This article emphasises the need for us as a country to prioritise human rights and fundamental freedoms as this is the only way to ensure justice and personal as well as communal growth.
Further, Article 21 ( 1 ) places the responsibility of safeguarding human rights first on the state. It provides that “it is a fundamental duty of the state and every state organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the bill of rights.” Therefore, when human rights defenders come out to defend rights, the state should be quick to support them.
It is, however, disappointing to learn that in Kenya, human rights activism is considered anti-state and human rights defenders are many times harassed by state authorities. It must be remembered that besides the state, it is also everyone’s duty to defend the Bill of Rights and the Constitution. Article 3 ( 1 ) of the Constitution states that “everyone has an obligation to respect, uphold and defend this Constitution.” The Constitution includes the Bill of Rights, which is the biggest chapter.
As human rights defenders, therefore, we must be accorded not just the constitutional right to do our work and defend people’s rights but also state protection in the dispensation of our work. When those who are defending rights are themselves threatened, disappeared and killed, it points out to a return to the old days of the 1980s of detention without trial, guilt without fair hearing and killing without justice. As Haki Africa and the human rights fraternity in the country, we refuse to be taken back to those dark days. The Struggle Continues: Victory is certain!