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You Will Not Be Charged to Acquire a P3 Form

No medical facility or police officer should charge you to obtain a P3 form. The Court in its ruling noted that the Poliuce Charter states P3 as a free document. It has further been established that there are some police stations who are in compliance with the charter and give the form free of charge.

As for the health facilities run by the national and the county governments, some charge for filling, the P.3 form while some do not. The same facilities issue the Post Rape form free of charge whose purpose is complementary to that of the P.3 form to assist victims of rape and assault in their evidence in their criminal cases. The post mortem report in murder cases, the P.3 form for mental assessment and other forms are supplied by the state and the county governments free of charge.

The High Court made the following declarations:

1.That a declaration do hereby issue that the respondents are jointly and severally in violation of the basic principle of access as to justice in levying of fees for issue and for filling of the Medical Examination Form popularly known as P.3 form.

2. That a declaration do hereby issue that the Medial Examination Form, that is the P.3 form or any form required or issuable to victims of crime is free of charge and that no levy shall be imposed.

3. That an order of prohibition do hereby issue prohibiting the respondents, their agents or any medical officers in charge of public health facilities at both levels of government from levying fees for issue or for filling of the Medical Examination Forms (P.3s).

Read the full judgement here: https://hrdcoalition.org/wp-content/uploads/2019/04/CON

A New Tool for HRDs to Reclaim Spaces

Our partners from Netherlands are currently developing a tool to allow you and other human rights defenders around the world to engage with policymakers, political authorities and legislatures on a more equal basis. We envision the tool as a multi-functional interactive platform which will help you build capacities, build networks and use evidence-based policy influencing to multiply the impact of your work. But in order to develop this tool, we first need to hear your story!

We are inviting you to complete this survey and provide reliable insight into the operating space of human rights defenders and civil society organisation in your country. If you believe that someone is tracking your online activities, we encourage you to submit the encrypted survey instead.

You can complete the survey in one-go in approximately 10 minutes, or save it and complete it at a later stage. The survey is available in English, French, Spanish, Russian and Arabic.

The survey is published and managed by the Shelter City Initiative  of Justice and Peace Netherlands, and data are collected anonymously and stored in Jotform’s EU servers in the European Union. Data and metadata are transmitted and stored encrypted with no third party access.
 
If you have any questions regarding the project please do not hesitate to contact us on info@hrdcoalition.org.
 
Thank you in advance for your valuable contribution!
We highly encourage you to share the survey with other human rights defenders within your networks.

Meet the bold go-getter, Ikal Angelei, a woman HRD from Turkana

Ikal Angelei made history by staging a spirited opposition against the construction of the Gibe III Dam to protect the livelihoods of people living in northern Kenya.

Researching the potential impact of the Gibe III Dam, Ikal Angelei was shocked to discover that, although the project appeared to be bringing progress, it would potentially cut off the water supply to half a million farmers, herders and fishermen.

This prompted the 2012 Goldman Environmental Prize winner to begin her campaign to block the building of the dam on the Omo River to protect Lake Turkana, a World Heritage site and the world’s largest permanent desert lake. Turkana is the source of livelihood for the people living in its environs.

Read her full story here: https://www.nation.co.ke/news/Kenya-s-bold-and-audacious-go-getters/1056-5059080-5o6i4kz/index.html

PRWG-K WELCOMES THE APPOINTMENT OF INCOMING INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE.

5TH APRIL 2019

  1. We, the undersigned members of The Police Reforms Working Group-Kenya (PRWG-K) congratulate Mr. Hillary Mutyambai on his appointment as the 3rd Inspector General of the National Police Service.
  2. In particular, the PRWG-K wishes the incoming Inspector General of Police (I.G.P.) success as he takes on the reigns of leadership of the National Police Service (N.P.S.) – which is a vital cog in national security and ensuring that all Kenyans enjoy their human rights to the fullest extent.
  3. We extend a hand of partnership to the incoming IGP as he embarks on his duty to transform the N.P.S. into an accountable, professional and human rights compliant institution – in line with our Constitutional aspirations, National legislation and a comprehensive Police Reforms Agenda.
  4. In the spirit of mutual respect, public participation and community policing – we commit to work and cooperate with the incoming I.G.P. when called upon; and, to enter constructive dialogue and exchange for the betterment of all Kenyans security and wellbeing.
  5. It is in this spirit that we will submit to the incoming I.G.P. a report titled “The First One Hundred Days: Civil Society Expectations of the Third Inspector General of the National Police Service”, which focuses on six issues of public interest; namely: 1. Crime Prevention and Response, 2. Human Rights Compliance, 3. Integrity and Police Corruption, 4. Independence of the Office of the Inspector General, 5. Management of Police Welfare, and 6. Community Policing and Public Partnerships.
    The Police Reforms Working Group offers this report to assist the incoming I.G.P. and other duty bearers to further enhance the reforms needed to ensure that Police officers discharge their duties within the confines of the law and with utmost respect for the rule of law, democracy, human rights and fundamental freedoms.
    We extend our hand to the incoming I,G.P., Mr. Hillary Mutyambai, to address the six public interest issues contained in this report. We also extend our hand to the relevant duty bearers such as the Ministry of Interior and Coordination of National Government, The Attorney General, Kenya Law Reforms Commission and the National Police Service Commission.
  6. We reiterate our congratulatory message, well wishes and commitment to cooperation to the incoming I.G.P. Mr. Hillary Mutyambai and look forward to a good and meaningful working relationship with his office.
    Yours Faithfully,
    For: Police Reforms Working Group – Kenya

Signed:
• National Coalition of Human Rights Defenders (NCHRD – Kenya)
• International Centre for Transitional Justice (ICTJ-K)
• International Commission of Jurists –Kenya (ICJ-K)
• Legal Resources Foundation (LRF)
• International Justice Mission (IJM)
• Independent Medico-Legal Unit (IMLU)
• Kenya National Commission on Human Rights (KNCHR)
• Rights Promotion and Protection Centre (RPP)
• Federation of Women Lawyers in Kenya (FIDA-K)
• Coalition on Violence against Women (COVAW)
• Kenya Human Rights Comission (KHRC)
• Kenyans For Peace, Truth and Justice (KPTJ)
• Usalama Reforms
• Amnesty International Kenya
• Transparency International Kenya
• KATIBA Institute
• Peace Brigades International (PBI)
• Usalama Reforms Forum
• The Institute for Social Accountability (TISA)

Kenya Establishes a National Committee on International and Regional Human Rights Obligations

The government of Kenya has established an intergovernmental committee on human rights that will be tasked to advise the government on measures necessary to comply with its international and regional human rights obligations and specifically to co-ordinate and prepare reports to and engage with international and regional human rights mechanisms (including treaty bodies, the universal periodic review and special procedures), and to co-ordinate and track national follow-up and implementation of the treaty obligations and the recommendations emanating from these mechanisms.

In a gazette notice dated 29 March 2019, the committee will be chaired by the Attorney General and its functions will be:

  • To organize and facilitate the preparation of State periodic reports to various international and regional human rights mechanisms under the guidance of lead ministries in charge of reporting on various international and regional human rights treaties;
  • To prepare responses to communications, visits from United Nations Special procedures and follow-up questions and recommendations/decisions received from international and regional human rights mechanisms;
  • To co-ordinate data collection and information gathering from Government entities, Parliament and the Judiciary for reporting on and following up recommendations and decisions to facilitate implementation by line ministries;
  • To organize and co-ordinate stakeholders’ consultative meetings to raise awareness on the importance of the state reporting under international human rights instruments to which it is a Party;
  • To track, capture and cluster recommendations and decisions from international and regional human rights mechanisms, identify government agencies for implementation; develop follow-up plans, with time frames, and manage information regarding implementation;
  • To co-ordinate the periodic review of the common core document on the general information on Kenya and submit the document to various treaty monitoring bodies;
  • Prepare country position papers on human rights issues raised in international and regional forums;
  • To consider and advise on ratification of regional and international human rights treaties, and protocals;
  • To support and participate in treaty specific standards training in conformity with the relevant treaty body’s guidelines; and
  • To prepare annual reports on the status of compliance on reporting on human rights treaties to the Cabinet Secretary for the time being responsible for matters relating to human rights and administration of justice.

To read more about the committee, download the gazette notice here: https://hrdcoalition.org/wp-content/uploads/2019/04/Vol.CXXI-No_.37_.pdf

Right of Association Should Be Enjoyed By All Individuals by Virtue of Them Being Human Beings

Constitutional Petition No. 440 of 2013)

JUDGMENT OF ASIKE MAKHANDIA. TA, Court of Appeal, Nairobi

Article 1 of the Universal Declaration of Human Rights (UDHR) is in the context of this case apt. It neatly sums up what lies at the core of this appeal. This Article recognizes that all human beings are born free and equal in dignity. Thus, strip someone of their dignity and you strip off their essence of being a human being.

Dignity since the beginning of the era of human rights has become the foundation of all other rights. It amounts to the recognition that the sole purpose for protecting , promoting and fulfilling human rights is the acknowledgement that all human beings must be accorded respect.

The concept of dignity for all men and women involves the development of opportunities which allow people to realize full human potential within positive social relationships. It is the quest for dignity, equality and equal recognition and protection before the law that made the respondent in this appeal file the petition, subject of this appeal in the High Court.

Download the entire judgement here: https://hrdcoalition.org/wp-content/uploads/2019/03/NGO-Board-v-Gitari-Makhandia.pdf

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