The Youth Cafe (TYC) has today monitored the demonstrations by Wananchi against surge in cases of abductions and enforced disappearances in the country.

The TYC notes with great concern the demonstrations that had initially started off peacefully in Nairobi and other parts of the country were disrupted violently by police who unleashed terror on demonstrators.

The Youth Cafe condemns in the strongest terms possible the unwarranted violence and force that was meted out to the demonstrators and will be taking further action after completion of its independent investigations. Further, The Youth Cafe has made the following observations:

a) Peaceful protests: TYC would like to commend protestors for the peaceful manner in which they conducted themselves during the demonstrations. Protestors generally conducted themselves with restraint despite the provocation, arrests and brutality meted by the police officers who lobbed teargas to disperse peaceful demonstrators.

b) Heavy Police Presence: There was heavy deployment of anti-riot and civilian police in Mombasa, Uasin Gishu, Embu and Nairobi Counties with horses and water cannons. A number of the police officers were hooded, while some of the police cars had their registration numbers concealed. Several vehicles did not have rear number plates. This is in contravention of the Malindi High Court Ruling prohibiting police from concealing their identity while policing protests.

c) Police brutality: Police suppressed the peaceful and unarmed protestors using tear gas and illegal arrests. The Youth Cafe has received reports of numerous cases of injuries allegedly inflicted on protestors by police officers. A total of eighteen (18) people were injured; Nairobi (17) and Mombasa (1) during the protests. Five (5) of the injured were left unconscious and had to be resuscitated, eight (8) had minor cuts, two (2) were injured by teargas canisters while the rest had blunt force injuries.

d) Arbitrary arrests: By 1500hrs, The Youth Cafe had received reports of arrests of fifty three (53) people who were being detained in various police stations: Nairobi (24), Eldoret (16) and Mombasa (13). Those arrested in Mombasa were detained at Central Police Station, Mombasa. Busia Senator Okiya Omtatah is among those who were arrested in Nairobi and was initially held at Central Police Station, Nairobi and then transferred to Gigiri Police Station. Former Presidential Candidate, Reuben Kigame, is , is among those who were arrested in Eldoret then released. The protestors held in Central Police Station, Nairobi complained that they were further tortured while in custody using batons and rifle butts.

e) Business in Nairobi was disrupted with many shops remaining closed. Police prevented public service vehicles from accessing Nairobi Central Business District for a better part of the day. No incidents of destruction and looting were reported.

The Youth Cafe is of the considered view that the restriction and use of force by police in today’s protests was unnecessary and disproportionate. Freedom of assembly and association are considered to be not only fundamental human rights but also essential to sustained economic, social and democratic progress.

The government has an obligation to facilitate the rights of protesters through provision of security to ensure law and order. Any restriction to the right to Freedom of assembly must in conformity with the law. The Youth Cafe therefore calls for:

a) All illegally detained persons following today’s protests and the twenty-nine (29) who were abducted earlier to be released unconditionally.

b) Action to be taken against all police officers involved in the brutality and torture of the protestors.

c) The police should at all-time conduct themselves in accordance with the law. Article 37 of the Constitution of Kenya provides that every person has a right picket and present petitions to public authorities provided they do so in a peaceful manner. Both the protesters and security agencies are supposed to conduct themselves according to the law.

d) Pursuant to its mandate The Youth Cafe will initiate the necessary interventions to pursue redress for the violations witnessed during the demonstrations. To this extent, The Youth Cafe will be moving to court on a Habeas Corpus in a quest to seek accountability for the arrested and abducted persons. The Youth Cafe will further pursue command responsibility of those found culpable of the police brutality and excesses.

e) The Inspector General, the Independent Policing Oversight Authority (IPOA) and the Office of the Director of Public Prosecutions (ODPP) to initiate investigations and prosecute all the officers found culpable of human rights violations in the context of policing the demonstrations

The Youth Cafe has been offering its support to victims of the violations including facilitating the release of some of the illegally arrested persons, evacuated persons who have been at risk, escorted “persons of interest” to police stations to record statements, and provided advice on the rights and responsibilities of all to picket, demonstrate and hold assemblies.

We shall continue to discharge the Commission's constitutional mandate of protecting and promoting the rights of everyone in Kenya. We call on anyone with information or concerns touching on violations of Human Rights during the protests to contact us via-: SMS- , Email- info@theyouthcafe.com

The African Youth Cafe is a Non Governmental Organization registered under section 10 of the Non-Governmental Organizations Coordination Act (now Public Benefits Organizations Act ) having been registered as a company since April 7, 2014. The Youth Cafe (TYC) is Africa's largest and most diverse convening community of professionals harnessing youth-led potentials and transforming them into sustainable youth-enabled futures. The Youth Cafe’s mandate is the promotion and protection of human rights in Kenya.

Haki Kwa Wote Kila Wakati!