Kenya National Commission on Human Rights GUARDING THE COAST S H Ed ec e uc u al a rit th ti y on T S ra ec de u To & re ur L is In iv m ve e s lih t o m o e d n s t A REPORT OF THE PUBLIC INQUIRY ON INSECURITY & ITS IMPACT ON THE ENJOYMENT OF HUMAN RIGHTS IN THE COASTAL REGION OF KENYA GUARDING THE COAST A REPORT OF THE PUBLIC INQUIRY ON INSECURITY & ITS IMPACT ON THE ENJOYMENT OF HUMAN RIGHTS IN THE COASTAL REGION OF KENYA Kenya National Commission on Human Rights © 2019 Kenya National Commission on Human Rights. Copyright The contents of this publication may be freely used and copied for educational and other non-commercial purposes, provided that any such reproduction is accompanied by due acknowledgement of the authors of this publication. This Report was published by: Kenya National Commission on Human Rights, Head Office, CVS Plaza, 1st Floor Kasuku Lane off, Lenana Road, P.O. Box 74359-00200, Nairobi, Kenya Tel: 254-20-3969000 Fax: 254-20-2716160, Email: [email protected] © KNCHR, 2019. @hakiKNCHR KNCHR KNCHR [email protected] 22359 www.knchr.org Printed in Kenya by: . Cover Design and Layout: Mathew Bwire Oduki STUDIO INFERNO CO LTD [email protected] KNCHR would appreciate receiving a copy of any materials in which information from this report is used. ISBN: 978-9966-040-68-8 LETTER OF TRANSMITTAL His Excellency, Hon. Uhuru Kenyatta C.G.H. President and Commander-in-Chief of the Defense Forces of the Republic of Kenya Your Excellency, The President, The Kenya National Commission on Human Rights (KNCHR) extends its compliments to you. Your Excellency, pursuant to Article 254(1) of the Constitution of Kenya, 2010 and Section 53(1) of the Kenya National Commission on Human Rights Act 2011, I have the honour of submitting to you this report titled: “Guarding the Coast: A Report of the Public Inquiry on Insecurity and its Impact on the Enjoyment of Human Rights in the Coast Region of Kenya” Your Excellency, please accept the assurance of our highest regards. Yours Sincerely, Kagwiria Mbogori Chairperson Kenya National commission on Human Rights (KNCHR) CC: Hon. Justin Muturi E.G.H, E.B.S, MP Speaker to the National Assembly Hon. Ken Lusaka E.G.H, E.B.S, MP Speaker of the Senate Hon. Dr. Fred Matiang’i, PhD, EGH Cabinet Secretary Ministry of Interior and Coordination of National Government Mr. Joseph Boinett, Inspector General Kenya Police Service Hon. Paul Koinange Chairperson Parliamentary Committee on Administration and National Security Sen. Haji Mohamed Yusuf Chairperson Committee on National Security, Defence and Foreign Relations iii PREFACE The Kenya National Commission on Human Rights (KNCHR) is an independent National Human Rights Institution (NHRI). In line with its constitutive mandate, the key functions and responsibilities of the KNCHR are the protection, promotion and monitoring of fundamental human rights and freedoms as espoused in the Constitution. It is in the foregoing respect that the Commission commenced a public inquiry from a human rights perspective with the main goal of understanding the impact of insecurity on the enjoyment of human rights for the people living in our Coastal region. It is vastly documented that the coastal region has had its fair share of intermittent and sporadic cases of insecurity that have regrettably claimed hundreds of innocent lives, led to the destruction of property and investments while notably spreading fear and despondency in the region. This state of affairs emanating from security concerns and challenges has in turn led to a negative impact on development and seriously affected key economic sectors like tourism on the Kenyan Coast. Ultimately, insecurity portends a serious challenge to the optimal realization of human rights in this region. The Commission conducted the public inquiry on insecurity and the enjoyment of human rights at the coastal region with the aim of unearthing and analysing the impact of insecurity on the enjoyment of human rights in the coastal strip and its environs. Through this Public Inquiry Report, the Commission has brought to the fore the effects of insecurity reported in the affected coastal counties and ultimately made recommendation on some possible interventions that will lead to significant improvements in our national efforts of “Guarding the Coast”, as the title of this final report aptly signifies. Since the promulgation of the Constitution in August 2010, the Commission has closely monitored, investigated and documented human rights violations that have arisen as a consequence of insecurity in the larger coast region. The Commission has undertaken this work through targeted investigations and structured public inquiries such as the one it carried out in the coastal region between October and November of 2016, specially focusing on the Counties of Mombasa, Kwale, Tana River and Lamu. Key security related themes that emerged and which were articulated during the coast region public inquiry hearings include the following: violation of land rights; extra judicial killings; enforced disappearances; drug and substance abuse; mushrooming of criminal gangs; alleged harassment and assault by security officers; arbitrary arrests; terrorism profiling and intimidation; political interference and electoral violence and inter-ethnic conflict and tension; forcible transfer of vulnerable populations and massive destruction of property. It is important to note that since concluding its Public Inquiry in 2016, the Commission has continued its work on the identified thematic security areas in collaboration with a number of key state and non-state actors. Available evidence from our continued work in these thematic areas indicates that the same remain as relevant, in terms of negatively impacting on the enjoyment of human rights, at the time of launching this report as they were when the Commission concluded its Public Inquiry hearings. v PREFACE The findings, results and recommendations that have been documented in this report will be shared with key and relevant state and non-state actors for remedial actions. Apart from submitting this report to H.E the President, the Commission shall further submit the report with the recommendations to the Governors of the where the inquiry was conducted and the Bicameral Houses of Parliament: National Assembly and Senate. We urge Parliament and the respective County Assemblies to debate and adopt this report so that it may inform the requisite reforms, especially in the security sector. The Commission calls upon the full public participation of the coastal region local communities and groups, relevant stakeholders and the media in publicizing the findings and recommendations of this final public inquiry report. Kagwiria Mbogori Chairperson Kenya National Commission on Human Rights vi FOREWORD The Kenya National Commission on Human Rights (KNCHR) is an independent Constitutional Commission established by the Constitution of Kenya 2010 under Article 59 (4) and subsequently operationalized through an Act of Kenya Parliament (the Kenya National Commission on Human Rights Act No. 14 of 2011 and revised in 2012). As an independent National Human Rights Institution (NHRI), the Kenya National Commission on Human Rights’ mandate includes protection and promotion of human rights in both public and private spheres within the Republic of Kenya. All human beings are entitled to human rights which are inherent regardless of their religion, nationality, colour, sex, language or nationality. These rights are inalienable, universal, interdependent and indivisible. Human rights should thus be enjoyed equally by all without any discrimination whatsoever. However, certain factors—such as entrenched acts or cases of insecurity—can lead to serious human rights violations. Persistent insecurity negatively affects the enjoyment of basic freedoms and rights that people are entitled to. When it comes to cases or acts of persistent insecurity, the Coastal Region of Kenya has in recent years experienced acts of terror, coupled with the emergence of criminal gangs. Taken within the context of historical injustices, insecurity has not only served to buttress the region’s marginalization in terms of socio-economic development, but rather, it has also contributed to the creation of an environment where the enjoyment of fundamental rights and freedoms for many coastal people continues to remain a mirage. The endemic nature of insecurity in the Coastal region has had far reaching consequences that have negatively affected the enjoyment of human rights across the whole gamut of economic, social, civil and political as well as group rights. For instance, as the evidence in this Public Inquiry Report points out, the poor transition rates from educational institutions in the region can partly be attributed to the rising cases of insecurity in the region. The perennial problem of insecurity in the Coastal region will only be adequately addressed if there are concerted, broad-based efforts directed at addressing the same. Such efforts must bring together key actors from the local communities, the County Governments as well as the National Government to a common table of dialogue aimed at coming up with a holistically crafted approach on taming insecurity in the region. Unfortunately, the communities and the two levels of government have not done enough to create an environment where insecurity can be robustly confronted and defeated so that the citizens in the region can enjoy their full human rights entitlements. For instance, a number of social factors that have gone unaddressed can be identified as the push factors for the youth who are joining criminal gangs while security operations by government agencies have at times led to the unintended consequences that have seen the shutting down of some learning institutions in the region. The Coastal region can only regain its former glory as a land of peace, security and immense promise and potential if all actors both understand and appreciate the nexus between security and the enjoyment of fundamental rights and freedoms.