A youth-led demonstration commemorating the anniversary of Kenya’s controversial 2024 Finance Bill ended in tragedy as police opened fire on protesters, killing Boniface Kariuki and injuring dozens more, as the Associated Press reports. The incident, which also involved state suppression of media coverage, has triggered condemnation from human rights observers and renewed scrutiny of Kenya’s adherence to its obligations under the African Charter on Human and Peoples’ Rights.
The protest, aimed at opposing government economic policies and corruption, was forcefully dispersed despite its nonviolent nature. Eyewitnesses report that security forces used live ammunition, tear gas, and batons. Simultaneously, several media outlets were reportedly barred from reporting on the event, intensifying fears of growing repression.
Violations of the African Charter
Human rights experts argue that the Kenyan state has committed multiple breaches of the African Charter:
- Right to Life (Article 4): The killing of Boniface Kariuki is a grave violation of Article 4, which guarantees the inviolability of human life and prohibits arbitrary deprivation of life. As the African Court has emphasized, the right to life is foundational, underpinning the enjoyment of all other rights.
- Right to Assembly (Article 11): The protest was a lawful and peaceful demonstration. The use of lethal force contravenes Article 11, which protects the right to freely assemble and requires any restrictions to be necessary and proportionate.
- Freedom of Expression and Information (Article 9): The deliberate obstruction of media coverage and suppression of independent reporting infringe on Article 9, which enshrines the right to receive information and freely express opinions.
- Freedom of Association (Article 10): The crackdown disrupted collective civil actions and undermined the right to organize and advocate for change, protected under Article 10.
- State Obligations (Article 1): Kenya, as a party to the Charter, is bound by Article 1 to adopt legislative and other measures to enforce the rights therein. Failure to protect peaceful demonstrators reflects systemic non-compliance with these obligations.
Local and international human rights organizations have demanded an independent investigation into the government’s response to the protest.
As the country reels from the aftermath, eyes are now on the Kenyan government and the African Union to uphold the integrity of the African Charter and ensure justice for victims of state violence.
