The African Commission on Human and Peoples’ Rights (ACHPR), an organ of the AU, through its Country Rapporteur for Kenya, Honorable Commissioner Solomon Ayele Dersso, has expressed serious concerns regarding recent developments in Kenya following the introduction of a controversial finance tax bill.
Reports have indicated that the proposed tax legislation has sparked significant public unrest, culminating in widespread protests across the country.
The Commission highlighted the arrests of over 300 individuals during the protests on June 18 and underscored that the right to peaceful protest is protected under the African Charter on Human and Peoples’ Rights.
The ACHPR urged the Kenyan government to respect this right and ensure that law enforcement agencies exercise restraint and adhere to human rights standards in managing demonstrations.
The Commission has also raised alarms about provisions in the finance bill that would allow the Kenya Revenue Authority to access individuals’ financial records without a warrant or prior notice, citing concerns over privacy and government overreach.
Such measures, the ACHPR noted, undermine civil liberties and set a dangerous precedent, contravening the fundamental principles of the African Charter.
The ACHPR called on the Kenyan government to engage in inclusive dialogue with all stakeholders, including civil society and community leaders, to address the economic and social concerns stemming from the tax bill.
The Commission stressed the importance of consulting affected populations, particularly the most vulnerable, to ensure that any economic measures are proportional and do not exacerbate existing hardships.
Moreover, the ACHPR recommended that the government explore alternative measures to alleviate the financial burden on citizens, such as targeted subsidies, tax relief for low-income earners, and robust social protection programs.
Emphasizing the need to protect personal data, the Commission urged the government to amend the bill to safeguard individuals’ privacy rights.
It also called for the immediate release of those arrested for participating in peaceful protests, emphasizing due process under the African Charter.
