Lawyers condemn government over human rights abuses, Judiciary interference

Lawyers condemn government over human rights abuses, Judiciary interference

Young Lawyers for Justice (YLJ) addressing the media on Thursday, February 6, 2025.

A caucus of young legal professionals has called out the government over its increasing disregard for human rights, citing a wave of abductions and arbitrary arrests that have left many families in distress. 

Addressing the media on Thursday, the Young Lawyers for Justice (YLJ) denounced these actions as crimes against humanity, demanding immediate government intervention.

According to the Kenya National Commission on Human Rights (KNCHR), multiple reports indicate that several young people who participated in protests against the Finance Bill remain missing. 

Led by Chairperson Njeri Maina, who is also the Kirinyaga Woman Rep, the YLJ emphasized that these abductions violate both the Universal Declaration of Human Rights (UDHR) and the African Charter on Human and Peoples’ Rights, raising concerns about Kenya’s retreat into authoritarianism.

“These acts violate Article 6 of the African Charter which stipulates the right to liberty and Article 9 of the UDHR. Several reports in the public domain have cited government agencies as being responsible for the covert operations with the intention to suppress free speech and other freedoms and rights protected by the Constitution, 2010."

"We are calling on the government to respect the rule of law, unconditionally release all abductees, ratify the International Convention for the Protection of all Persons from Enforced Disappearance, and prosecute perpetrators under the International Crimes Act (2008),” the statement read.

The lawyers further decried increasing state interference in judicial affairs, warning that Kenya’s democracy is at stake. Citing Article 160 of the Constitution, YLJ accused the executive of systematically undermining the independence of the judiciary through defiance of court orders, intimidation, and coercion of judges.

“We are hereby calling on the government of Kenya to respect the doctrine of separation of powers and by extension the independence of the judiciary. Further, we are calling on the judiciary to remain resolute in administration of justice,” the statement declared.

The caucus also expressed deep concern over Kenya’s rising youth unemployment, linking it to punitive taxation policies that have deterred investment. According to YLJ, tax incentives benefiting large corporations cost Kenya an estimated Ksh 300 billion annually, funds that could instead generate 500,000 jobs for young people.

“Kenya’s youth skyrocketing unemployment rate, exacerbated by the regressive taxation is a growing concern. Despite the Kenyan people and the youth voicing their dissent, the government continues to play deaf, taking no action to mitigate the economic free-fall. The lack of a conducive environment for private investors and sheer lack of goodwill from the government to invest in local manufacturing, indicate to the unemployment menace worsening,” the statement noted.

Concluding their statement, the Young Lawyers for Justice urged fellow legal professionals and the general public to mobilize for structural reforms and engage in civic education to protect Kenya’s constitutional democracy.

“To quote Prof. Yash Pal Ghai, ‘A constitution is only as strong as the people’s resolve to defend it.’ In the same spirit, and the binding oath we took as advocates of the high court, we do commit to act in the interest of Kenyans in light of threats of violation of the COK, 2010. Kenya’s youth and professionals must rise as guardians of justice,” the statement concluded.

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