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On 22 April 2010, human rights defender Mr Keneth Kirimi was arrested and detained without charge for over two days, and was reportedly subjected to torture and ill-treatment while in detention. Much of his interrogation reportedly concerned the work of fellow human rights defender Mr Stephen Musau. Keneth Kirimi works with Release Political Prisoners (RPP) and is an active member of Bunge la Mwananchi, a grassroots movement which aims to fight social injustice and promote accountable leadership at all levels in Kenya. Stephen Musau is the executive coordinator of RPP.

On the morning of 22 April 2010, plain clothed police officers arrested Keneth Kirimi and two individuals who were with him on Thika road in Nairobi. The arrest occurred near the headquarters of the General Services Unit (GSU), a special unit of the Kenyan police established to deal with special operations and civil disorder. One of the individuals arrested alerted Bunge la Mwananchi immediately after his release, at approx 2.45 pm of the same day. He reported that they were forced to enter a vehicle and driven around the Eastlands for a few hours while they were being interrogated. The officers addressed most of their questions to Keneth Kirimi, and released the other two individuals one by one.

Keneth Kirimi's whereabouts were unknown from the time the second individual was released. He was reportedly detained in Thika, before being blindfolded and taken to another isolated house in Suswa, in the Narok district. During his detention he was subjected to various forms of torture and ill-treatment including genital mutilation, intimidation through gunshots being fired in a small room, being beaten and threatened that the police officers would sleep with his wife if he did not own up. According to Mr Kirimi, he was interrogated about links between the RPP and the Mungiki (an illegal politico-religious group in Kenya); his role in RPP and Bunge la Mwananchi; the work carried out by Stephen Musau, Executive Coordinator of RPP, and the organisation generally with regard to the Mt. Elgon military operations; the work of Stephen Musau and the RPP regarding extrajudicial killings and the subsequent sharing of their report with Professor Philip Alston; why Stephen Musau is so vocal regarding extrajudicial killings, and so concerned with government operations on matters of security, among other questions.

Keneth Kirimi was found on 25 April at Suswa Market, reportedly in serious physical pain. He is currently undergoing treatment at the Independent Medico Legal Unit.

Front Line believes the arbitrary arrest, detention, and alleged torture and ill-treatment of Keneth Kirimi to be directly linked to his legitimate work in defence of human rights. Front Line is seriously concerned for the physical and psychological integrity of Keneth Kirimi. Furthermore, taking into account the subject matter of Keneth Kirimi's interrogation, Front Line is gravely concerned for the physical and psychological integrity of Stephen Musau, who has also reported the receipt of threatening phone calls and text messages. Front Line sees this as part of an ongoing pattern of harassment against Keneth Kirimi and Stephen Musau.

Front line urges the authorities in Kenya to:

Carry out an immediate, thorough and impartial investigation into the arbitrary arrest, detention, and alleged torture and ill-treatment of Keneth Kirimi with a view to publishing its results and bringing those responsible to justice in accordance with international standards;
Guarantee the security and physical and psychological integrity of Keneth Kirimi and Stephen Musau and their families;
Ensure in all circumstances that human rights defenders in Kenya are able to carry out their legitimate human rights activities, free of all restrictions and reprisals, including juridical harassment.

Front Line respectfully reminds you that the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, adopted by consensus by the UN General Assembly on 9 December 1998, recognises the legitimacy of the activities of human rights defenders, their right to freedom of association and to carry out their activities without fear of reprisals. We would particularly draw you attention to Article 6 (b) and (c): “Everyone has the right, individually and in association with others, as provided for in human rights and other applicable international instruments, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms; To study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters; and Article 12 (2) “The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration.”

Yours sincerely,

Mary Lawlor

Director