KNCHR report reveals harsh reality for rights defenders despite strong laws
Kenya’s legal framework for protecting human rights defenders (HRDs) looks robust on paper; still, the lived reality tells a starkly different story, with killings, enforced disappearances, and a spike in police misconduct cases painting a picture of persistent danger.
A new report on the state of human rights defenders in Kenya, released on Wednesday, August 13, 2025, scores the country’s general legal framework at just 36 out of 100, lagging far behind individual freedoms such as liberty and security (68/100) and freedom of opinion and expression (72/100).
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“The Constitution guarantees the right to defend human rights. Yet human rights defenders continue to operate in a context where violations remain frequent and protection measures are largely carried by civil society organisations,” the report by the Kenya National Commission on Human Rights (KNCHR) notes.
Data from 2020 to 2022 reveals a troubling pattern. One activist was killed in 2020, four in 2021, and three in 2022. Enforced disappearances were also recorded, with two cases reported in 2020.
The report states that while the number of arbitrary detentions decreased from 96 cases in 2020 to 36 in 2021 and 12 in 2022, the persistence of such incidents indicates that threats to HRDs are far from eliminated.
“Reduction in some violation categories is encouraging. But any case of killing, disappearance or arbitrary detention of a human rights defender is unacceptable,” KNCHR notes.
Police misconduct
Perhaps most alarming is the surge in misconduct by law enforcement officers targeting human rights activists. After recording five cases in 2020 and three in 2021, the number exploded to 23 cases in 2022.
“These figures point to a worrying trend in the misuse of authority. We are calling for swift, impartial investigations and prosecutions of officers implicated in such acts,” the report warns.
KNCHR have also reported instances of excessive use of force during public demonstrations, unlawful arrests, and intimidation campaigns.
Despite Kenya’s ratification of major human rights treaties and the presence of a national human rights commission with “A” status, the report finds state-led protection measures “partially effective at best.”
In many cases, activists rely on informal networks and civil society groups for physical security, legal aid, and emergency relocation. The absence of a specific law or institutionalised mechanism for HRD protection leaves gaps that can be exploited by hostile actors.
“The state must protect those who defend the rights of others. The government should establish a formal, adequately resourced national protection programme for Human Rights defenders,” the report stresses.
Good laws, poor enforcement
The paradox becomes sharper when looking at Kenya’s constitutional and legislative commitments. The Constitution recognises the right to life, liberty, and freedom from torture or cruel treatment. Arrest and detention laws contain strong due process guarantees.
However, as the report points out, “The gap between the legal framework and actual practice remains wide, and in some cases, systemic.”
This enforcement deficit is partly due to weak accountability. Many violations go unpunished, fostering a climate of impunity.
“The failure to hold perpetrators accountable sends the wrong message that attacks on human rights defenders are tolerated,” the report cautions.
The report makes clear recommendations: strengthen independent oversight of law enforcement, operationalise a state-led human rights protection mechanism, and ensure every violation is investigated and prosecuted.
It also urges the government to collaborate with HRDs and civil society in shaping protection policies.
“A secure environment for human rights defenders is essential for democracy, rule of law, and sustainable development,” the report notes.
