The US government has issued a sharp rebuke to Kenya over the deteriorating human rights situation that has unfolded since last year, particularly during the deadly Gen Z-led protests.

The Trump administration has expressed particular concern about the nationwide demonstrations in June and July 2024, accusing Kenyan authorities of committing numerous human rights abuses, including unlawful killings, physical violence, and arbitrary arrests and detentions.

In a damning report, the US Department of State characterised the year as marked by unlawful killings, disappearances, torture, arbitrary arrests or detentions, and transnational repression. The Kenyan government also faces scrutiny for serious restrictions on freedom of expression and media freedom, including violence and threats against journalists, censorship, and the significant presence of the worst forms of child labor.

“Significant human rights issues included credible reports of: arbitrary or unlawful killings; disappearances; torture or cruel, inhuman, or degrading treatment or punishment; arbitrary arrest or detention; transnational repression against individuals in another country; serious restrictions on freedom of expression and media freedom, including violence or threats of violence against journalists and censorship; and significant presence of any of the worst forms of child labour,” the American government stated.

The report elaborated: “There were numerous reports the government or its agents committed arbitrary or unlawful killings during the year, particularly during youth-led, nationwide ‘Gen Z’ demonstrations in June and July to protest proposed tax increases. Nongovernmental organisations (NGOs) such as Human Rights Watch and Amnesty International alleged excessive and unlawful police action led to the deaths of protesters through suffocation from tear gas, police-inflicted injuries, and shootings.

“These human rights concerns emerge amid simmering diplomatic tensions between the two countries. US Senator Jim Risch has proposed reviewing Kenya’s status as a major non-NATO ally over its trade relations with China, adding strain to bilateral relations.

‘No issues’

However, Kenya’s Foreign Affairs Cabinet Secretary Musalia Mudavadi has downplayed suggestions of deteriorating relations with Washington. “There is no challenge whatsoever. For the record, it is not the US government that has raised this matter; it is not the Executive. This is a motion from a member of the Senate. We have no issues with the United States,” Mudavadi told members of the National Assembly Committee on Regional Integration last week.

The US government highlighted widespread impunity throughout Kenya’s government structure, which has undermined efforts to identify and punish officials responsible for human rights abuses.

“Impunity was a serious problem across security agencies. NGOs noted the government neither acknowledged police abuses nor held any police officers accountable for actions in the June and July Gen Z demonstrations. Police officials at times resisted investigations and detained some human rights activists who registered complaints regarding government abuses,” the US report stated.

The Trump administration specifically criticised President Ruto’s administration for significantly underestimating the number of unlawful killings by security forces, particularly due to underreporting in informal settlements in dense urban areas.

“During the Gen Z demonstrations, media alleged police and medical practitioners who treated injured protesters received orders not to report deaths resulting from the crackdown,” according to the Country Reports on Human Rights Practices for 2024, published by the Bureau of Democracy, Human Rights, and Labour under the US Department of State.

The report prominently features violations of press freedom, criticising the Kenya Kwanza government for physical attacks on journalists covering protests and intimidation of civil society members over negative political commentary.

Journalist shot

The report highlights the case of Catherine Kariuki, a Nakuru-based Mediamax Network Ltd reporter who suffered serious injuries when a police officer shot her three times in the leg with non-lethal pellets while she was reporting on protests, despite wearing a clearly labeled press vest.

The US also faulted government officials, including President Ruto, for publicly and privately attempting to restrict media coverage of the Gen Z protests since June last year.

“President William Ruto called on media to report responsibly during the protests, claiming several media houses ‘glorified anarchy’ by providing selective live coverage of the demonstrations,” the report noted.

“Several media houses reported receiving communication from government officials threatening to shut off their broadcast signals during the protests, but the government did not act on the threats. Most media houses reduced subsequent coverage of the Gen Z protests, with mainstream outlets opting to cut back on live broadcasts of the protests, a move many journalists interpreted as self-censorship by their organisations.”

Intense scrutiny

The government faces intense scrutiny over enforced disappearances and abductions allegedly committed by security agencies during last year’s historic protests. The US highlighted Kenya National Commission on Human Rights data showing that by December, there were 82 cases of abductions or enforced disappearances since June, with another 29 persons still missing.

The US State Department specifically cited the August case involving human rights defender Bob Njagi and brothers Jamil and Aslam Longton, who were arrested in Kajiado County for planning protests.

“The government neither officially acknowledged the three were missing nor complied with a court order to produce them in court. After 32 days of incommunicado detention, the three men were released on September 20,” the report stated.