Petition Filed at East African Court Over Protest Deaths: Kenya Kwanza Administration Faces Legal Challenge

Bunge la Mwananchi President Francis Awino has filed a petition before the East African Court of Justice (EACJ) seeking the prosecution of key figures in the Kenya Kwanza administration. The petition, submitted to the Arusha-based court, demands accountability for the deaths, injuries, and human rights abuses allegedly committed during the Gen Z protests that rocked Kenya in recent months.

Awino’s petition targets President William Ruto, Deputy President Rigathi Gachagua, Attorney General Justin Muturi, Interior Cabinet Secretary Kithure Kindiki, and former Inspector General of Police Japhet Koome. He accuses them of failing to uphold constitutional rights, leading to the reported fatalities and mysterious disappearances that marred the protests. The petition cites human rights groups’ reports which claim that around 60 people died and 66 went missing during the demonstrations.

The petition outlines several key allegations against the government. Firstly, Awino contends that the administration violated citizens’ constitutional right to protest, resulting in a tragic loss of life and widespread injuries. He cites specific incidents, such as the Githurai shooting, where he alleges military officers opened fire on protestors, causing casualties.

Awino’s complaint extends to claims of state suppression of media freedom. During the protests, internet services were disrupted, which Awino argues was a deliberate attempt to stifle coverage and prevent the dissemination of information about the violence. The petition also highlights forced evictions, noting that thousands of residents in Mathare, Mukuru, and Kibera were removed from their homes. Awino argues that these evictions were conducted with excessive force and discrimination. According to the petition, while slum demolitions were aggressively pursued, similar structures in affluent neighborhoods remained largely untouched.

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The petition demands several specific actions from the court. Awino urges the EACJ to issue an order holding the aforementioned officials criminally responsible for the alleged human rights abuses. He also calls for a directive requiring the Attorney General to conduct a thorough and impartial investigation into the events surrounding the protests. Additionally, the petition seeks an order for all security personnel to refrain from using violence against protestors in the future.

In presenting his case, Awino emphasizes the stark contrast between the treatment of slum dwellers and residents of wealthier areas. He argues that the state’s response to the protests was marked by a discriminatory application of the law, exacerbating the suffering of the most vulnerable communities. The petition underscores the tragic death of a 17-year-old boy during the forced evictions in Mathare, a poignant reminder of the human cost of the government’s actions.

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This legal challenge comes at a time of heightened political and social tension in Kenya. The Gen Z protests, driven by a new generation’s demands for change, have exposed deep divisions within the country. Awino’s petition reflects broader discontent with the Kenya Kwanza administration’s handling of dissent and its approach to governance.

As the East African Court of Justice reviews the petition, the case is poised to become a significant test of accountability for the Kenyan government. The outcome could have far-reaching implications for the administration’s approach to public dissent and the protection of human rights in Kenya.

The petition filed by Francis Awino represents a pivotal moment in Kenya’s ongoing struggle for justice and accountability. It underscores the urgent need for a transparent and impartial investigation into the government’s actions during the Gen Z protests and highlights the broader quest for democratic accountability and human rights protection in the country.

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