AN INVESTIGATION INTO THE FACTORS RESPONSIBLE FOR HUMAN RIGHTS VIOLATIONS DURING THE 2024 POLITICAL UNREST IN KENYA

CHAPTER ONE

INTRODUCTION

Background of the study

The 2024 political turmoil in Kenya is a momentous event in the nation's history, marked by extensive bloodshed, societal disruption, and severe infringements on human rights. Kenya's political environment has historically been characterised by ethnic tensions, electoral conflicts, and power struggles, leading to intermittent periods of instability (Branch, 2021). The 2024 unrest was notable due to the extensive and severe violations of human rights that took place, leading to worldwide alarm and widespread condemnation (Human Rights Watch, 2024). The political history of Kenya has been influenced by an intricate interaction of ethnic differences, colonial inheritances, and the fight for democratic administration. Since achieving independence in 1963, the nation has seen several instances of political violence, often associated with disputed elections. The post-election violence in 2007-2008 led to more than 1,000 fatalities and the forced relocation of hundreds of thousands of people, exposing the profound ethnic and political rifts inside the nation (Kagwanja, 2009). Despite attempts to overhaul the election process and enhance institutions, Kenya has persistently had difficulties in maintaining peace during electoral times. The 2024 political turmoil was instigated by a disputed election, characterised by allegations of electoral fraud and manipulation from many political forces. The demonstrations rapidly escalated into violent confrontations between factions of opposing political parties, with security officials often using disproportionate force in their efforts to suppress the turmoil (Amnesty International, 2024). The political leaders exacerbated the disturbance by using provocative language and exploiting ethnic differences to mobilise their followers, resulting in deliberate assaults on certain populations (Human Rights Watch, 2024). The 2024 unrest saw widespread and diverse human rights abuses, included extrajudicial deaths, arbitrary arrests, torture, and the curtailment of freedom of expression. Human rights organisations have extensively recorded many instances when security personnel used live fire against unarmed demonstrators, leading to substantial deaths (Amnesty International, 2024). Moreover, there were several accounts of indiscriminate apprehensions, when numerous persons were imprisoned without any formal accusation or legal proceedings, therefore infringing against their constitutional entitlements (Kenya National Commission of Human Rights, 2024). 

The significance of governmental institutions in these transgressions cannot be disregarded. Kenya has a strong and comprehensive legal structure for safeguarding human rights, as outlined in the 2010 Constitution. This constitution provides essential rights and freedoms to every person (Constitution of Kenya, 2020). Nevertheless, the recurrent problem is in the inability of official institutions, namely the court and law enforcement authorities, to effectively protect fundamental rights in times of political turmoil. The prevailing culture of impunity, characterised by the seldom prosecution of those responsible for human rights violations, has bolstered the confidence of wrongdoers and eroded the principles of legal governance (Branch, 2021). The 2024 unrest also revealed notable deficiencies in Kenya's institutional structures for accountability and justice. The judiciary, which is responsible for ensuring checks and balances on the executive branch, has often faced allegations of bias and vulnerability to political manipulation (Kivuva, 2071). This diminishes its capacity to function as an efficient mediator in election conflicts and human rights matters. Furthermore, the police force, which has a long record of being used as a means of political suppression, significantly contributed to the observed transgressions during the period of social upheaval (Mutua, 2018). The reaction of the global world and regional organisations, such as the African Union (AU) and the East African world (EAC), has also played a crucial role in the ongoing crisis. Although there have been demands for investigations and penalties against the individuals accountable for the misconduct, the efficacy of these interventions remains uncertain. The international community's failure to take immediate action has often been condemned for facilitating more transgressions (International Crisis Group, 2024). The interplay between social and political factors in Kenya, including the influence of ethnicity on political mobilisation, has also played a part in the ongoing occurrence of human rights abuses during times of turmoil. Political leaders often use ethnic identity to gain support, resulting in the marginalisation of certain populations and the exacerbation of violence based on ethnic divisions (Kagwanja, 2019). In the year 2024, there were incidents of deliberate assaults on certain ethnic communities, exacerbating the existing tensions throughout the nation. The media's contribution to the turmoil is another crucial issue. Although the media is often responsible for acting as a watchdog, providing openness and accountability, its behaviour during the 2024 unrest was inconsistent. The media, in some cases, served as a medium for spreading hate speech and propaganda, intensifying conflicts and adding to the occurrence of violence (Freedom House, 2024). This prompts enquiries on the accountability of the media in times of conflict and the need for enhanced regulation and supervision. The 2024 unrest in Kenya has resulted in significant social and economic repercussions due to the breaches of human rights. The violence resulted in the forced relocation of several individuals, causing them to lose their homes and means of sustenance (Kenya Red Cross, 2024). The turmoil had a substantial economic effect, including disruptions to enterprises, damage to infrastructure, and a loss of investor confidence. The enduring societal consequences, such as psychological distress and the gradual decline of confidence in governmental institutions, are expected to have enduring ramifications for Kenya's progress and stability (World Bank, 2024). Therefore, the researcher sought to investigate  the factors responsible for human rights violations during the 2024 political unrest in Kenya.

1.2 Statement of the problem

The 2024 political turmoil in Kenya has been characterised by substantial infringements on human rights, prompting serious apprehensions on the underlying causes of these breaches. Although Kenya has a strong legislative framework to safeguard human rights, the increase in political tensions has revealed weaknesses in the system, resulting in widespread abuses. According to reports, security personnel have been involved in extrajudicial executions, arbitrary arrests, and the disproportionate use of force against people, especially during protests and political rallies (Human Rights Watch, 2024). Furthermore, the involvement of government figures in instigating violence and the exploitation of ethnic divisions have worsened the situation, leading to deliberate assaults on certain populations (Amnesty International, 2024). The issue entails an intricate interaction of political, social, and institutional elements. The absence of systems to hold individuals responsible, combined with a prevailing atmosphere of immunity, has empowered those who commit violations of human rights. Furthermore, the inability of governmental institutions to enforce the principles of legal governance has played a role in the continuation of these infringements. This research aims to investigate  the factors responsible for human rights violations during the 2024 political unrest in Kenya.

1.3 Objective of the study

The broad objective of the study is to investigate  the factors responsible for human rights violations during the 2024 political unrest in Kenya. The specific objectives is as follows

To identify factors that contributed to human rights violations during the 2024 political unrest in Kenya..

To investigate the effect of  human rights violations during the 2024 political unrest in Kenya

To provide recommendations aimed at preventing future human rights violations during political unrest in Kenya.

1.4 Research questions

The following questions have been prepared to guide the study

What are the factors that contributed to human rights violations during the 2024 political unrest in Kenya?

What are the effect of  human rights violations during the 2024 political unrest in Kenya?

What are the recommendations aimed at preventing future human rights violations during political unrest in Kenya?

1.5 Significance of the study

The study will be significant to policymakers in Kenya and the broader region about the root causes of human rights violations. Revealling the drivers of abuse, the research can guide the development of targeted policy interventions aimed at strengthening human rights protections, enhancing accountability mechanisms, and preventing future violations. This is crucial for promoting a culture of respect for human rights and the rule of law in Kenya. The study will be significant to the academic community as it will contribute to the existing literature, add to library resources and serve as a guide to future researchers.

1.6 Scope of the study

The study focus on the factors responsible for human rights violations during the 2024 political unrest in Kenya. Empirically, the study will identify factors that contributed to human rights violations during the 2024 political unrest in Kenya, investigate the effect of  human rights violations during the 2024 political unrest in Kenya and provide recommendations aimed at preventing future human rights violations during political unrest in Kenya.

1.7 Limitation of the study

Like in every human endeavour, the researchers encountered slight constraints while carrying out the study. The significant constraints are: 

Time: The researcher encountered time constraint as the researcher had to carry out this research alongside other academic activities such as attending lectures and other educational activities required of her.

Finance: The researcher incurred more financial expenses in carrying out this study such as typesetting, printing, sourcing for relevant materials, literature, or information and in the data collection process.

Availability of Materials: The researcher encountered challenges in sourcing for literature in this study. The scarcity of literature on the subject due to the nature of the discourse was a limitation to this study.

1.8 Definition of terms

Human Rights Violations: Refers to breaches of fundamental rights and freedoms entitled to individuals, as recognized by international law and national constitutions. These may include extrajudicial killings, torture, arbitrary detention, and restrictions on freedom of speech, assembly, and association .

Political Unrest: A state of turmoil and disorder resulting from disagreements within a society, typically characterized by protests, demonstrations, riots, or violence. Political unrest often arises from discontent with governmental policies, electoral processes, or social injustices .

Extrajudicial Killings: The unlawful killing of individuals by government authorities or agents without due process of law. These acts violate the right to life as enshrined in international human rights law and are often indicative of a broader pattern of abuse by state security forces .

Arbitrary Arrests: Detentions conducted without legal justification, where individuals are arrested without evidence of a crime or due process. Such arrests violate the right to personal liberty and security, as stipulated in international human rights treaties .

Cultural Impunity: A situation in which perpetrators of human rights violations are not held accountable for their actions, leading to a lack of justice for victims. This culture is often perpetuated by weak legal systems, lack of political will, and societal acceptance of abuses .

Ethnic Tensions: Conflicts or hostilities between different ethnic groups within a society, often arising from competition for resources, political power, or social status. Ethnic tensions can exacerbate political unrest and lead to targeted violence during conflicts .

Accountability Mechanisms: Processes and institutions designed to ensure that individuals and entities are held responsible for their actions, particularly regarding violations of human rights. These mechanisms can include judicial systems, oversight bodies, and civil society organizations .

Political Actors: Individuals or groups that participate in the political process, including politicians, political parties, interest groups, and activists. These actors can influence public policy, electoral outcomes, and the broader political landscape .

Rule of Law: The principle that all individuals and institutions are subject to and accountable under the law, which is fairly applied and enforced. The rule of law is essential for protecting human rights and ensuring justice in society .

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