Kenya
The Republic of Kenya performs in the mid-range across all categories of the Global State of Democracy framework and is among the world’s top 25 per cent of countries with regard to Participation. Over the last five years, it has not experienced any notable shifts in performance levels. A lower-middle income country, Kenya has the largest economy in the East Africa sub-region in terms of GDP and its main economic sectors are agriculture, manufacturing, logistics and technology. However, it has accumulated high levels of debt and has incurred difficulties financing its repayments.
Kenya is religiously and ethnically diverse, but it has a long history of state-orchestrated violence and oppression, and elections are often a trigger for violence along ethnic lines. For example, the infamous post-electoral violence of 2007 and 2008 led to the Commission of Inquiry into Post-Election Violence, the Truth, Justice and Reconciliation Commission, investigations by the International Criminal Court (which indicted six individuals for crimes against humanity, including former President Uhuru Kenyatta and current President William Ruto), and a new constitution introducing major reforms in 2010. Kenya’s post-election violence demonstrates the ways in which political leaders politicize ethnic identity and illustrates enduring issues in the country, such as land tenure and inequality, all of which are at least partially rooted in British colonialism. Kenya faces perennial drought, refugee humanitarian crises and recurring inter-ethnic conflicts, notably in the Rift Valley. As a consequence of ongoing armed conflicts in neighbouring states, Kenya has become host to one of the largest refugee populations in Africa, of which Somalis make up the largest share. Partially due to terrorist attacks perpetrated in Kenya by the Somali-based militant organisation, Al-Shabab, ethnic Somalis have been perceived as a security threat by the Kenyan state. The country has thus become a strategic counter-terrorism partner for the United States and other western countries, but the methods Kenya has employed in its counter-terrorism campaigns have been criticised by rights groups and partner states as being abusive of human rights. Police brutality and impunity more broadly have been long-standing issues in Kenya. Corruption is also a major problem, especially with regard to bribery in public institutions, patronage and nepotism, procurement corruption and embezzlement and mismanagement of funds. High rates of corruption, as well as the marginalization of women further damage Kenya’s economic and governance prospects.
In terms of Gender Equality, Kenya has made steady progress throughout the last few decades, and commitments to advance gender equality are enshrined (although not fully implemented) in the country’s Constitution and legal and policy environment. Yet, women remain significantly disadvantaged, due to cultural, political, and economic factors. Limited control over benefits from land and other resources, as well as unequal and unpaid care work impact women’s participation in the economy, and gender-based violence – exacerbated by the ongoing drought crisis – including female genital mutilation remains prevalent.
Finally, the mostly peaceful 2022 elections indicate progress toward realizing peaceful transitions of democratic power. However, gender inequality and increasing youth unemployment remain concerning. Relatedly, Kenya’s debt is another concern to watch, along with efforts to address poverty, service delivery, and infrastructural development. The prevalence of drought in Kenya presents a food security challenge and may contribute to worsening humanitarian crises, which could also deepen if the refugee population continues to grow
Monthly Event Reports
July 2023 | Death toll rises in Kenya’s ongoing cost-of-living protests
The death toll in Kenya’s ongoing cost-of-living protests rose sharply in July, as planned tax increases prompted renewed demonstrations and violent clashes between protesters and the police. No official tally of the fatalities was released by the government but, as of 21 July, civil society organisations had documented 27 fatal police shootings between 7 and 19 July. The police’s use of live ammunition and teargas to disperse stone-throwing protesters has given rise to allegations that use of force was excessive. Rights groups also alleged that the police beat protesters and arbitrarily arrested and detained them. Such allegations are not new in Kenya. 130 police killings were reported in 2022. However, there is growing civil society concern about the tactics employed by the police, including the use of armed plain clothes officers at protests. The cost-of-living protests began in March 2023.
February 2023 | Supreme Court rules that refusal to register LGBTQIA+ organisation was unconstitutional
On 24 February, Kenya’s Supreme Court ruled that the National Gay and Lesbian Human Rights Commission (NGLHRC) must be allowed to register as an NGO. Upholding decisions by the High Court and the Court of Appeal, it found that the refusal of Kenya’s NGOs Coordination Board to register the NGLHRC was unconstitutional on the grounds that it limited the right to freedom of association based on sexual orientation. In its judgement, the Court clarified that the country’s penal code does not permit such a limitation because, while it criminalizes same-sex sexual acts, it does not criminalize homosexuality. The decision was welcomed by the NGLHRC, whose executive director said, ‘at a time where the Kenyan LGBTQIA+ community is decrying the increased targeting and violence, this decision affirms the spirit and intention of the Constitution to protect all Kenyans and guarantee their rights.’ However, it has been met by fierce criticism from politicians and religious leaders, who characterised it as a threat to Kenya’s moral values.
December 2022 | Resignations from the IEBC as an investigation begins
The split within the Independent Electoral and Boundaries Commission (IEBC) during the 2022 election continues to have implications for the future of the institution. On 2 December, following a recommendation from the National Assembly, President Ruto suspended the four commissioners (Juliana Whonge Cherera, Francis Mathenge Wanderi, Irene Cherop Masit and Justus Abonyo Nyang’aya) who had disputed the official results of the election, and appointed a tribunal to investigate allegations of misconduct. After this, three of the suspended commissioners resigned, thus avoiding participation in the investigation. Masit did not resign and appeared before the tribunal in late December. The tribunal is expected to conclude on 27 January. The remaining three members of the IEBC will conclude their non-renewable six-year term in January 2023, meaning a complete replacement of the IEBC commissioners may take place.
October 2022 | Ground-breaking prosecution of Kenyan police for 2017 election violence
In a decision described by the UN High Commissioner for Human Rights as “ground-breaking”, Kenyan prosecutors charged twelve police officers with crimes against humanity for their role in the violent suppression of post-election protests in 2017. According to the Kenya National Commission on Human Rights, the violence that followed resulted in 94 deaths, 201 cases of sexual violence and more than 300 injuries, most of which it attributed to the security forces. The charges include rape, murder and torture and are the first under Kenya’s International Crimes Act. It is also the first instance in which electoral-related sexual violence has been criminally prosecuted in Kenya. Newly inaugurated president, William Ruto, has vowed to reform the security sector in order to end the enduring problem of security force violence in the country and in October disbanded the Special Services Unit, a 20-year-old police unit accused of extrajudicial killings and torture.
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