Kenya has for the past three weeks been thrust into the international scene due to demonstrations under the hashtags #RejectFinanceBill2024 and #Rutomustgo. The demonstrations advocated for the rejection of the 2024 Finance Bill which was passed by 204 members of parliament, and for the resignation of the President on account of his failed leadership. This has resulted in various State violations of the right to peaceful demonstration which is protected under Article 37 of the 2010 Constitution and requires no prior authorization but a mere notification of the authorities.

What is the 2024 Finance Bill?

The Finance Bill 2024 was proposed to make amendments to the law relating to various taxes and duties. It is a Bill that is enacted into law annually and runs from July to June, setting out the government’s intended fiscal plans.

Controversial clauses within the 2024 Finance Bill

The Bill invoked the ire of Kenyans due to clauses that sought to saddle them with heavy taxes and claw back provisions on human rights. For instance, the Bill sought to impose a levy on sanitary products which were not locally manufactured. This would have menstrual hygiene implications on many girls and women in the country since no measures had been put in place to absorb the resulting huge demand surge. Ironically, while the move was ostensibly to promote local businesses,  Kenya is currently experiencing a mass exodus of manufacturers who decry heavy taxation. Additionally, no measures were taken to cushion those who suffer adverse reactions from some locally manufactured sanitary pads. This would be contrary to consumer rights enshrined under Article 46 (1)(b) & (c) of the Constitution and reproductive health rights and on the dignity of girls and women under Article 43(1) (a).

Secondly, the Bill sought to remove bread from the list of zero-rated products. This would have seen many children fail to take breakfast at home and at school due to increased cost, thereby affecting the right to food protected under Article 43 (1)(c) of the Constitution.

Finally, the Bill would have infringed on the right to privacy by allowing the monitoring and collection of personal data from individual electronic devices for tax purposes without court orders.

Human rights and constitutional violations from the protests

These protests have been marked by state-sponsored abductions and detentions of persons with significant social media followers on ‘X’. This is contrary to Article 49(1) of the Constitution which requires that arrested persons be promptly brought before court within 24 hours of their arrest. Protestors have also been arrested en masse, with reported instances of punitive bail terms that prompted the Judiciary to issue clarifications. The protests have also been marked with extra-judicial executions of 23 persons as June 29, 2024, including that of a child, and use of unnecessary force on peaceful protestors.

Additionally, on the June 25, 2024, there were internet disruptions across major telecommunication service providers, rendering internet inaccessible for over 6 hours. This infringed on freedom of expression guaranteed under Article 33 of the Constitution and the right to access information under Article 35. This happened in spite of the Communication Authority of Kenya’s assurance that there would be no internet shutdowns. The protests first began online and it is through the internet that citizens mobilized and coordinated the protests.

Deployment of the Military to quell protests

In response to the occupation of parliament by protestors as a show of the citizen’s disapproval and the subsequent threat to occupy the Kenyan State House, the Ministry of Defence irregularly gazetted the deployment of the military on June 25, 2024. This move was countered by the Law Society of Kenya which challenged the legality, constitutionality, scope and duration of the deployment. While the High Court agreed that the deployment was irregular, it nonetheless gave the Ministry a window period of two days to regularize the deployment. This saw the military deployed into the Kenyan streets, a move that was last made in 1982 during an attempted coup against the then President Moi.

It is against this backdrop that Kenyans continue to take to the streets, protesting systemic corruption, maladministration and human rights abuses.