This archive report was first published on 2 July 2020.
Published on July 2, 2020, a report by the Kenya National Commission on Human Rights (KNCHR) has exposed widespread human rights abuses and obstacles in access to justice during the COVID-19 pandemic in Kenya.
The report, titled 'Pain and Pandemic: Unmasking the State of Human Rights in Kenya in the Containment of the Covid-19 Pandemic', highlights the negative consequences of measures taken to contain the spread of the virus.
KNCHR CEO Dr. Bernard Mogesa and EU program manager Erik Dhaenens during the launch of the report.
According to the report, the enforcement of curfew and lockdown measures led to loss of life, inhuman and degrading treatment, and cases of torture. The commission documented 10 cases where lives were lost and 87 cases of degrading and inhuman treatment perpetrated by police.
KNCHR is working with partners, including the Independent Policing Oversight Authority (IPOA), to investigate the cases and ensure victims get justice.
The report also notes that Kenyans have not fully accessed justice due to regulations and directions put in place, which have led to criminal offences and penalties.
Restrictions on movement, physical distancing, and the use of facemasks in public spaces have contributed to the increase in arrests and charges, making the demand for access to justice services higher.
However, the report praises the inclusion of media as part of essential services, which has ensured the flow of information during this period.
Additionally, the report commends efforts by media houses and partners to provide training for their staff, aimed at ensuring safety and knowledge during the pandemic.
On access to information, the report notes the swift setup of the National Emergency and Response Committee under the Ministry of Health, which has been issuing daily updates on the progress being made.
However, the commission takes issue with stigmatisation and victimisation faced by recovered patients once they rejoin their communities.
Furthermore, the report highlights the disadvantage faced by a significant number of learners, especially those in public schools and marginalised areas, who cannot afford internet or mediums like TV or radio sets.
