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= Constitutional Implications and Youth Response =
= Context, Constitutional Implications and Youth Response =
 
<div style="border: 2px dashed red; padding: 1em; background-color: #fff3f3; color: #900;">
'''⚠️ More Information Required'''
<br>
This section is incomplete. Please help by adding more verifiable content and references  [[MyWiki:About#How_and_Who_Can_Contribute?|How and Who Can Contribute?]]
</div>
[[File:KidsRisasiKwamguu.png|thumb|Kids dancing to Risasi ya mguu song https://www.tiktok.com/@motivatedmindsetdancers/video/7525904276674186552?is_from_webapp=1&sender_device=pc]]
 
[[File:RisasiKwaMguu3.png|thumb|Risasi ya mguu challenge Kenya]]
 
[[File:RisasiKwaMguu.png|thumb|Risasi ya mguu challenge Kenya]]
 
[[File:Risasiyamguu1.png |thumb|Risasi ya mguu challenge Kenya]]


== Overview ==
== Overview ==
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=== '''President William Ruto''' ===
=== '''President William Ruto''' ===
* '''Date:''' June 25, 2024
* '''Date:''' July 9, 2025
* '''Quoted Statement:''' ''We will not allow anarchy. If they [protestors] threaten the peace, we will deal with them accordingly.''
 
* '''Context:''' Made during a press address after Gen Z-led protests intensified across the country against the Finance Bill 2024. The statement was widely perceived as a veiled green light for use of force, especially after violent crackdowns ensued.
* '''Quoted Statement:''' "''Anyone who burns down someone else’s business and property, let them be shot in the leg and go to the hospital as they head to court. Yes, let them not kill, but shoot and break the legs. Destroying people’s property is not right."''
 
<blockquote>“…The police are trained to deal with criminals. They are not trained in parenting. So if you surrender your children to the police, what do you expect? No, please, every parent, including me, I take time to parent my children. And so must everybody. AIC Bomani, Machakos, 20 July 2025”
</blockquote>
https://citizen.digital/news/dont-kill-them-shoot-them-in-the-leg-ruto-tells-police-on-protest-violence-n365987
 
=== '''Kipchumba Murkomen – Cabinet Secretary for the Interior and National Administration''' ===
 
* '''Date:''' June, 2025
* '''Quoted Statement:''' “''"Askari, fanya kazi yako. Tumia bunduki yako vizuri. Ukiona mtu anaharibu mali ya serikali, risasi moja. Tuko nyuma yenu. Tutaenda kotini pamoja.''”
(Translation: "Police officer, do your job. Use your firearm properly. If you see someone destroying government property, one bullet. We are behind you. We will go to court with you.")
https://www.facebook.com/share/v/19g5zZUmp6/ * https://www.youtube.com/watch?v=8oJUAvsHu1Q, https://www.youtube.com/watch?v=lvKoHjVJO8U
*https://www.aljazeera.com/video/newsfeed/2025/6/27/kenyan-minister-caught-urging-police-to-shoot-protesters#flips-6374950253112:0
*https://www.aljazeera.com/video/newsfeed/2025/6/27/kenyan-minister-caught-urging-police-to-shoot-protesters


=== '''Kipchumba Murkomen Cabinet Secretary, Transport''' ===
=== '''Nelson Koech MP, Belgut''' ===
* '''Date:''' July 1, 2024
* '''Date:''' July, 2025
* '''Quoted Statement:''' “''They should be shot in the leg if they try to burn roads or attack infrastructure.''
* '''Quoted Statement:''' “''I want to thank President William Ruto for saying yesterday, shoot but do not kill. I want to repeat it here. In fact, shoot and kill. You cannot have someone coming after your life, and you do not want to shoot and kill''"
* '''Context:''' Tweeted in response to youth protests that included symbolic takeovers of highways and roadblocks. His remarks went viral and triggered massive backlash from human rights organizations and civil society.
https://www.standardmedia.co.ke/article/2001523931/shoot-and-kill-belgut-mp-urges-lethal-force-against-rioters


=== '''Didmus Barasa – MP, Kimilili''' ===
=== '''Didmus Barasa – MP, Kimilili''' ===
* '''Date:''' July 2, 2024
* '''Date:''' July 2, 2024
* '''Quoted Statement:''' “''Shoot them. You cannot allow people to burn police stations or destroy our infrastructure.''”
* '''Quoted Statement:''' “''Shoot them. You cannot allow people to burn police stations or destroy our infrastructure.''”
* '''Context:''' Made during a rally in Bungoma County. He doubled down on earlier government positions, calling for more aggressive policing.
* '''Context:''' Made during a rally in Bungoma County. He doubled down on earlier government positions, calling for more aggressive policing. https://www.the-star.co.ke/news/2025-06-18-mp-didmus-defends-cops-vows-to-disband-ipoa
 
== What the constitution says ==
=== 📜 1. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#26._Right_to_life - Right to Life – Article 26] ===
''“Every person has the right to life.”'' — '''Article 26(1)''' 
''“A person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.”'' — '''Article 26(3)'''
 
----
 
=== 🕊️ 2. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#37._Assembly,_demonstration,_picketing_and_petition Freedom of Assembly, Demonstration and Petition –  Article 37] ===
''“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”'' — '''Article 37'''


=== '''Kithure Kindiki – Cabinet Secretary, Interior (Indirect Reference)''' ===
----
* '''Date:''' June 28, 2024
* '''Statement:''' “''Security forces have been instructed to neutralize any threats to national stability.''”
* While not explicitly saying “shoot to kill,” this was interpreted as endorsing use of lethal force during a time of escalating police violence.


== What the Kenyan Constitution Says ==
=== 👮 3. Use of Force by Police – Article 244 & National Police Service Act ===
''“The National Police Service shall comply with constitutional standards of human rights and fundamental freedoms.”'' — '''Article 244(c)''' 
''“...Shall strive for the highest standards of professionalism and discipline among its members.”'' — '''Article 244(d)'''


=== '''Right to Life – Article 26''' ===
The '''National Police Service Standing Orders''' further require that use of force must be:
* Every person has the right to life.
* Proportionate
* The Constitution does not permit arbitrary deprivation of life by state agents.
* Necessary
* Justifiable
* A last resort


=== '''Freedom of Assembly – Article 37''' ===
----
* Guarantees every citizen the right to assemble, demonstrate, picket, and petition peacefully and unarmed.
=== ⚖️ 4. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#28._Human_dignity Human Dignity & Protection from Torture – Articles 28 and 29] ===
''“Every person has inherent dignity and the right to have that dignity respected and protected.”'' — '''Article 28'''
''“Every person has the right to freedom and security... which includes the right not to be treated or punished in a cruel, inhuman or degrading manner.”'' — '''Article 29(f)'''
----


=== '''Use of Force National Police Service Act (Section 61)''' ===
=== 🗳️ 5. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#CHAPTER_ONE_%E2%80%93_SOVEREIGNTY_OF_THE_PEOPLE_AND_SUPREMACY_OF_THIS_CONSTITUTION Sovereignty of the People Article 1 ]===
* Force must be proportional and used only when all other means have failed.
''“All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.”'' — '''Article 1(1)'''
* Firearms must be used only when there is an imminent threat to life.


== Why It's Wrong ==
=== ⚖️ 6.  [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#50._Fair_hearing Presumption of Innocence in Kenyan Law - Article 50] ===
* These remarks directly contradict constitutional protections and international human rights standards.
* Shoot-to-kill directives amount to state-endorsed **extrajudicial killings**.
* Threatens democracy, silences dissent, and undermines youth participation in nation-building.


== Events Surrounding the Remarks ==
In '''Kenyan law''', the right to a fair trial — including the '''presumption of innocence''' — is firmly protected under the Kenya 2010 constitution.
These statements came during a series of peaceful, digitally-organized youth protests including:


* '''Occupy Parliament – June 18–25, 2024'''
'''Article 50(2)(a)''' of the Constitution of Kenya, 2010 states:
* '''Reject Finance Bill – June 2024'''
* '''Occupy State House (Symbolic) – June 27, 2024'''
* '''Occupy JKIA – July 1, 2024'''
* '''#FallenHeroes Day – July 3, 2024'''
* '''#TotalShutdownKE – July 5, 2024'''


== Why It Matters to Gen Z ==
:''"Every accused person has the right to a fair trial, which includes the right—
* Many Gen Z activists were targeted, abducted, or killed despite organizing peaceful demonstrations.
(a) to be presumed innocent until the contrary is proved;"''
* Such directives aim to crush youth civic expression and dissent.
 
* The youth have vowed to keep documenting abuses, voting out perpetrators, and holding leaders accountable.
This means that:
* An accused person '''does not have to prove their innocence'''.
* The '''burden of proof''' rests on the '''prosecution'''.
* The prosecution must prove the case '''beyond reasonable doubt'''.
* Any doubt must be resolved in '''favour of the accused'''.
 
''' Principles of a Fair Trial in Kenya '''
* '''Fair hearing''': Conducted before an independent and impartial court.
* '''Legal representation''': The accused has the right to choose and be represented by a legal practitioner.
* '''Disclosure of evidence''': The prosecution is required to disclose all relevant evidence to the defence.
* '''Timely trial''': The trial must be conducted without unreasonable delay.
 
 
The Kenyan Constitution strictly prohibits shoot-to-kill directives against unarmed protesters. Peaceful protest is a protected right, and any state response must be lawful, measured, and grounded in respect for human rights.
 
== 📜 International law violations ==
*[https://wikizetu.com/index.php/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoples’ Rights]
*[https://wikizetu.com/index.php/Universal_Declaration_of_Human_Rights_(UDHR) Universal Declaration of Human Rights (UDHR)]
*[https://wikizetu.com/index.php/UN_Human_Rights_Council_Resolution_25/38_%E2%80%93_Protection_of_Human_Rights_in_Protests_(2014) UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)]
*[https://wikizetu.com/index.php/UN_Convention_on_the_Rights_of_the_Child UN Convention on the Rights of the Child (CRC)]
*[https://wikizetu.com/index.php/Convention_Against_Torture_(CAT) Convention Against Torture (CAT)]
*[https://wikizetu.com/index.php/International_Covenant_on_Civil_and_Political_Rights_(ICCPR) International Covenant on Civil and Political Rights (ICCPR)]
*[https://wikizetu.com/index.php/UN_General_Assembly_Resolution_68/167_%E2%80%93_The_Right_to_Privacy_in_the_Digital_Age_(2013) UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)]
*[https://wikizetu.com/index.php/UN_Special_Rapporteur_Reports_(especially_on_extrajudicial,_summary_or_arbitrary_executions) UN Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)]
*[https://wikizetu.com/index.php/United_Nations_Basic_Principles_on_the_Use_of_Force_and_Firearms_by_Law_Enforcement_Officials_(1990) United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)]
 
== Why It Matters to the young people ==
{| class="wikitable"
|-
| '''State‑sanctioned violence''' || Normalizes use of guns against civilians, even non‑violent ones.
|-
| '''Injury & disability''' || Leg-shots can result in death or lifelong physical harm denying you and your family a dignified life.
|-
| '''Legal crossover''' || Violates constitutional and human rights standards.
|-
| '''Impunity''' || Few investigations or prosecutions when injuries/deaths occur.
|-
| '''Political symbolism''' || Seen as method to momentarily suppress protest, avoid being held accountable and not resolve causes.
|-
| '''Context of ongoing repression''' || Adds to existing memory of protest killings and abductions.
|}


== Legal and Ethical Expectations ==
== Legal and Ethical Expectations ==
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* The Independent Policing Oversight Authority (IPOA) and Judiciary are constitutionally mandated to investigate and prosecute violations.
* The Independent Policing Oversight Authority (IPOA) and Judiciary are constitutionally mandated to investigate and prosecute violations.


== Reactions ==
== Reactions and youth response==
* '''Amnesty Kenya:''' Called the remarks “reckless and unconstitutional.”
* '''Amnesty Kenya:''' Called the remarks “reckless and unconstitutional.”
* '''KHRC:''' Filed legal actions and demanded prosecution of responsible leaders.
* '''KHRC:''' Filed legal actions and demanded prosecution of responsible leaders.
* '''UN Special Rapporteur on Human Rights:''' Expressed concern over excessive force.
* '''UN Special Rapporteur on Human Rights:''' Expressed concern over excessive force.
* '''Youth & Civil Society:''' Massive backlash on social media and renewed protests across counties.
* '''Youth & Civil Society:''' Massive backlash on social media and renewed protests across counties.
* ''' A song Risasi Kwa Mguu was introduced'''  *https://www.youtube.com/watch?v=Ah_CUS8Ru44, * https://www.youtube.com/watch?v=IXBwi8Eqg7s


== Consequences of Shoot-to-Kill Orders in Kenya (2024–2025) ==
== Consequences of Shoot-to-Kill Orders in Kenya (2024–2025) ==
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=== 🩸 Human Cost: Shoot-to-Kill Consequences ===
=== 🩸 Human Cost: Shoot-to-Kill Consequences ===


=== 📍 Number of People Shot and Killed ===
=== 📍 Number of People Shot and Killed in 2025 Kenyan Protest===
According to the '''Kenya National Commission on Human Rights (KNCHR)''' and '''Amnesty International Kenya''':
*'''June 25, 2025''' (anniversary of 2024 “Finance Bill” protests): 
  - At least '''75+ people''' were reported killed, and over **400 injured**, mostly by police live rounds and tear gas. 
    <ref name="AFP26Jun">{{cite news|title=At least eight killed in deadly Kenya protests|source=Al Jazeera & AFP|date=2025-06-26}}</ref><ref name="Reuters26Jun">{{cite news|title=Sixteen deaths recorded in Kenya protests|source=Reuters|date=2025-06-26}}</ref>
*'''July 7, 2025''' (Saba Saba Day): 
  -  '''31 people''' killed by police nationwide; hundreds injured and arrested in 17 counties amid crackdowns. 
    <ref name="APSaba">{{cite news|title=Kenya’s latest anti-government protest surges to 31 dead|source=AP News|date=2025-07-08}}</ref><ref name="Reuters07Jul">{{cite news|title=Kenya anti-government protests leave 11 dead|source=Reuters|date=2025-07-07}}</ref><ref name="Reuters09Jul">{{cite news|title=Kenya's president orders police to shoot leg|source=Reuters|date=2025-07-09}}</ref>


*'''Across June–July 2025''': 
On June 17, Boniface Kariuki, a street vendor, was shot in the head by police during protests sparked by the death of blogger Albert Ojwang. He later died in hospital.<ref>[https://apnews.com/article/2201db55bf41d38a7c6dfff87a2adee0 Kenyan civilian shot at close range by police during protests dies – AP News]</ref>
  - Total fatalities estimated at **≈70** and injuries around **553+**.
  - Over '''532 arrests''' recorded.
    <ref name="Wiki26Jul">{{cite web|title=2025 Kenyan protests|source=Wikipedia|access-date=2025-07-15}}</ref>


Most victims were young people aged '''16–30''', including students and peaceful demonstrators.
=== June 25 Nationwide Protests ===
On June 25, at least 16 people were killed across Kenya, most by police gunfire during anti-government demonstrations. Rights groups such as Amnesty International Kenya and the Kenya National Commission on Human Rights (KNCHR) confirmed the toll.<ref>[https://www.reuters.com/world/africa/kenyans-brace-protests-one-year-after-storming-parliament-2025-06-25/ Kenyans brace for protests one year after storming parliament – Reuters]</ref>


> ''Note: These are officially confirmed deaths. Civil society groups believe the actual number is higher due to unreported or undocumented killings.''
Other human rights groups reported at least 16 shot dead and over 400 injured.<ref>[https://www.youtube.com/watch?v=6etOPr-Pv2Y Kenyan Protest Violence Escalates – Human Rights Watch on YouTube]</ref>
 
=== July 7 “Saba Saba” Protests ===
During the July 7 "Saba Saba" protests, estimates of deaths varied widely:
* KNCHR confirmed 10 deaths and 29 injuries.<ref>[https://www.reuters.com/world/africa/kenya-human-rights-watchdog-says-10-killed-29-hurt-anti-government-protests-2025-07-07/ Kenya human rights watchdog says 10 killed, 29 hurt – Reuters]</ref>
* Reuters also reported at least 11 confirmed killed.<ref>[https://www.reuters.com/world/africa/police-block-roads-kenyan-capital-anniversary-pro-democracy-protests-2025-07-07/ Police block roads in Kenyan capital on anniversary of protests – Reuters]</ref>
* AP News stated that 31 people were killed nationwide during the protests.<ref>[https://apnews.com/article/kenya-protests-death-toll-saba-saba-ruto-ca186b6c54e92852161a61b3d3f4c508 Kenya protests death toll rises to 31 – AP News]</ref>
 
According to *The Guardian*, President William Ruto had reportedly told police to "shoot them in the leg" during escalating protests, amid criticism of excessive force.<ref>[https://www.theguardian.com/world/2025/jul/09/shoot-them-in-the-leg-kenyan-presidents-anti-protest-rhetoric-hardens-as-death-toll-rises 'Shoot them in the leg': Kenyan president's rhetoric hardens – The Guardian]</ref>
 
=== Cumulative Death Toll ===
Wikipedia and other aggregators have reported that between 50 and 70 people have been killed in protests since mid-June 2025, with the July 7 protests contributing between 10 and 38 of those deaths.<ref>[https://en.wikipedia.org/wiki/2025_Kenyan_protests 2025 Kenyan protests – Wikipedia]</ref>


=== 🔫 Number of People Shot and Injured ===
=== 🔫 Number of People Shot and Injured ===
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* Over '''50 Gen Z protesters''' were abducted by plain-clothed officers.
* Over '''50 Gen Z protesters''' were abducted by plain-clothed officers.
* Some returned with signs of torture, others remain missing.
* Some returned with signs of torture, others remain missing.
* Human rights groups have labeled this as '''state-sponsored repression.'''


== ⚖️ Accountability Status ==
== ⚖️ Accountability Status ==
* '''Zero police officers prosecuted''' as of July 2025.
No update
* Investigations by '''IPOA''' have made little visible progress.
* Families report threats or bribes to silence complaints.


== 📜 Impact on Society ==
== 📜 Impact on Society ==
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== References ==
== References ==
* [https://www.standardmedia.co.ke/national/article/2001499906/murkomen-defends-shoot-in-the-leg-comment Standard Media, July 1, 2024]
 
* [https://www.nation.africa/kenya/news/politics/ruto-says-he-will-not-allow-anarchy-4644884 Daily Nation, June 25, 2024]
* https://www.amnestykenya.org/ 2024 Annual Report – «Still Here» – Amnesty International Kenya] &ndash; reports 63 protest-related deaths, 83 abductions, and over 2,000 arrests during the Gen Z protests in 2024 
* [https://twitter.com/kipmurkomen/status/1675912273 Kipchumba Murkomen Official Twitter, July 1, 2024]
* https://www.knchr.org/Articles/ArtMID/2432/ArticleID/1207/STATE-OF-HUMAN-RIGHTS-IN-KENYA-JULY-2023-NOVEMBER-2024 2023–2024 State of Human Rights in Kenya Report] &ndash; documents 1,376 arbitrary arrests, 610 injuries, and 74 enforced disappearances during protests between June–November 2024
* [https://www.amnestykenya.org Amnesty Kenya, June–July 2024 Press Releases]
* https://www.bbc.com/news/world-africa-65787619 BBC: Young Lives Lost in Kenya’s Finance Bill Protests, July 2024] &ndash; coverage of youth casualties, including 12‑year‑old victims
* [https://www.khrc.or.ke Kenya Human Rights Commission]
* https://www.standardmedia.co.ke/national/article/2001522539/report-exposes-systemic-police-abuses-in-2024-youth-protests The Standard: Report exposes systemic police abuses in 2024 youth protests] &ndash; quoted data: 63 deaths, 63 abductions, 26 missing persons, over 600 injuries
* [https://twitter.com/GenZkenya Gen Z Kenya Official Twitter]
* https://www.hrw.org/news/2024/06/28/kenya-witnesses-describe-police-killing-protesters HRW: Witnesses Describe Police Killing Protesters, June 2024] &ndash; investigation into killings during Finance Bill protests, citing at least 30 deaths and extrajudicial shootings
* Constitution of Kenya (2010)
* https://www.hrw.org/news/2025/06/26/kenya-hold-authorities-accountable-for-protesters-deaths HRW: Hold Authorities Accountable for Protesters’ Deaths, June 2025] &ndash; reporting on 2025 protests, with at least 16 deaths and over 400 injuries from live fire
* [https://www.amnestykenya.org Amnesty International Kenya]
 
* https://www.bbc.com/news/articles/c9dgv5e6447o 'Shoot in the leg' - Kenyan leader orders police to curb violent protests
* https://www.reuters.com/world/africa/kenyas-president-orders-police-shoot-violent-protesters-leg-2025-07-09/ Kenya's * president orders police to shoot violent protesters in the leg
* https://www.theguardian.com/world/2025/jul/09/shoot-them-in-the-leg-kenyan-presidents-anti-protest-rhetoric-hardens-as-death-toll-rises‘Shoot them in the leg’: Kenyan president’s anti-protest rhetoric hardens as death toll rises
* https://www.aljazeera.com/video/newsfeed/2025/7/9/shoot-their-legs-kenyas-president-ruto-rails-against-looters#flips-6375460482112:0, https://www.aljazeera.com/video/newsfeed/2025/7/9/shoot-their-legs-kenyas-president-ruto-rails-against-looters ‘Shoot their legs’: Kenya’s President Ruto rails against looters
* https://www.africanews.com/2025/07/09/shoot-in-the-leg-ruto-orders-kenyan-police-to-curb-protest-vandalism// "Shoot in the leg": Ruto orders Kenyan police to curb protest vandalism
* https://eastleighvoice.co.ke/saba%20saba%20day%202025-saba%20saba%20day%20demonstrations-saba%20saba%20day%20protests-saba%20saba%20demonstrations-saba%20saba%20protests/177069/belgut-mp-nelson-koech-urges-police-to-shoot-to-kill-violent-protesters Belgut MP says shoot in the leg order not enough, urges use of 'maximum' force against rioters
* https://www.citizen.digital/news/shoot-and-kill-mp-nelson-koech-defends-police-on-killing-violent-protestors-n366079 Belgut MP says shoot in the leg order not enough, urges use of 'maximum' force against rioters * https://www.standardmedia.co.ke/article/2001523931/shoot-and-kill-belgut-mp-urges-lethal-force-against-rioters Belgut MP says shoot in the leg order not enough, urges use of 'maximum' force against rioters
 
== References on Violations of Child Protection Rights ==
 
* [https://www.hrw.org/news/2024/11/25/kenya-justice-overdue-2023-protest-abuses Kenya: Justice Overdue for 2023 Protest Abuses – Human Rights Watch, 2024] — Documents deaths of minors during protests and excessive force against children.
* [https://www.hrw.org/news/2025/01/15/kenya-children-protection-failures Kenya: Children Protection Failures amid Unrest – Human Rights Watch, 2025] — Reports on child rights violations including unlawful arrests and denial of education access.
* [https://www.amnesty.org/en/latest/news/2024/08/kenya-children-rights-violations-during-security-crackdown/ Kenya: Children’s Rights Violations During Security Crackdown – Amnesty International, 2024] — Details on arbitrary detention and mistreatment of children during protests.
* [https://www.amnesty.org/en/location/africa/east-africa-the-horn-and-great-lakes/kenya/ Amnesty International Kenya Country Report] — Overview including child protection concerns.
* [https://www.unicef.org/kenya/press-releases/children-protest-violence-kenya UNICEF Kenya: Impact of Protests on Children] — Statements on displacement, trauma, and access to services.
* [https://www.savethechildren.org/kenya-child-rights-report-2025 Save the Children Kenya Child Rights Report 2025] — Overview of child rights violations during political unrest, including recruitment risks and school closures.
== Other sources ==
* https://www.amnestykenya.org/missing-voices-annual-report-2024-brutal-policing/
* https://www.youtube.com/watch?v=BVqSbp8EU1s
* [https://www.aljazeera.com/video/newsfeed/2025/6/27/kenyan-minister-caught-urging-police-to-shoot-protesters Murkomen urging police to shoot protesters – Al Jazeera video]
* [https://www.youtube.com/watch?v=8oJUAvsHu1Q Murkomen authorizes police to shoot protesters – YouTube]
* [https://www.kenyans.co.ke/news/113443-murkomen-shoot-anyone-storming-police-station Murkomen: Shoot anyone storming police station – Kenyans.co.ke]
* [https://www.the-star.co.ke/news/2025-06-28-cs-murkomen-shoot-anyone-who-attacks-police-station/ Murkomen issues shoot-to-kill order on protestors attacking police stations – The Star]
* [https://www.capitalfm.co.ke/news/2025/06/murkomen-under-fire-over-shoot-to-kill-remarks-amid-outrage-over-protest-deaths/ Murkomen under fire over shoot-to-kill remarks – Capital FM]
* [https://www.youtube.com/results?search_query=murkomen+shoot+to+kill+speech+2025 Video search: Murkomen “shoot to kill” speech – YouTube]

Latest revision as of 08:44, 27 July 2025

Context, Constitutional Implications and Youth Response

⚠️ More Information Required
This section is incomplete. Please help by adding more verifiable content and references How and Who Can Contribute?

Kids dancing to Risasi ya mguu song https://www.tiktok.com/@motivatedmindsetdancers/video/7525904276674186552?is_from_webapp=1&sender_device=pc
Risasi ya mguu challenge Kenya
Risasi ya mguu challenge Kenya
Risasi ya mguu challenge Kenya

Overview

In June and July 2024, and again in 2025, top Kenyan government officials made inflammatory statements interpreted as incitement to use **lethal force** against peaceful protestors, especially youth-led demonstrators under the Gen Z banner. These remarks, coupled with actual police brutality, sparked national and global outcry and raised serious constitutional concerns.

Leaders and Their Exact Statements

President William Ruto

  • Date: July 9, 2025
  • Quoted Statement: "Anyone who burns down someone else’s business and property, let them be shot in the leg and go to the hospital as they head to court. Yes, let them not kill, but shoot and break the legs. Destroying people’s property is not right."

“…The police are trained to deal with criminals. They are not trained in parenting. So if you surrender your children to the police, what do you expect? No, please, every parent, including me, I take time to parent my children. And so must everybody. AIC Bomani, Machakos, 20 July 2025”

https://citizen.digital/news/dont-kill-them-shoot-them-in-the-leg-ruto-tells-police-on-protest-violence-n365987

Kipchumba Murkomen – Cabinet Secretary for the Interior and National Administration

  • Date: June, 2025
  • Quoted Statement:"Askari, fanya kazi yako. Tumia bunduki yako vizuri. Ukiona mtu anaharibu mali ya serikali, risasi moja. Tuko nyuma yenu. Tutaenda kotini pamoja.

(Translation: "Police officer, do your job. Use your firearm properly. If you see someone destroying government property, one bullet. We are behind you. We will go to court with you.") https://www.facebook.com/share/v/19g5zZUmp6/ * https://www.youtube.com/watch?v=8oJUAvsHu1Q, https://www.youtube.com/watch?v=lvKoHjVJO8U

Nelson Koech – MP, Belgut

  • Date: July, 2025
  • Quoted Statement:I want to thank President William Ruto for saying yesterday, shoot but do not kill. I want to repeat it here. In fact, shoot and kill. You cannot have someone coming after your life, and you do not want to shoot and kill"

https://www.standardmedia.co.ke/article/2001523931/shoot-and-kill-belgut-mp-urges-lethal-force-against-rioters

Didmus Barasa – MP, Kimilili

What the constitution says

📜 1. - Right to Life – Article 26

“Every person has the right to life.”Article 26(1) “A person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.”Article 26(3)


🕊️ 2. Freedom of Assembly, Demonstration and Petition – Article 37

“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”Article 37


👮 3. Use of Force by Police – Article 244 & National Police Service Act

“The National Police Service shall comply with constitutional standards of human rights and fundamental freedoms.”Article 244(c) “...Shall strive for the highest standards of professionalism and discipline among its members.”Article 244(d)

The National Police Service Standing Orders further require that use of force must be:

  • Proportionate
  • Necessary
  • Justifiable
  • A last resort

⚖️ 4. Human Dignity & Protection from Torture – Articles 28 and 29

“Every person has inherent dignity and the right to have that dignity respected and protected.”Article 28 “Every person has the right to freedom and security... which includes the right not to be treated or punished in a cruel, inhuman or degrading manner.”Article 29(f)


🗳️ 5. Sovereignty of the People – Article 1

“All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.”Article 1(1)

⚖️ 6. Presumption of Innocence in Kenyan Law - Article 50

In Kenyan law, the right to a fair trial — including the presumption of innocence — is firmly protected under the Kenya 2010 constitution.

Article 50(2)(a) of the Constitution of Kenya, 2010 states:

"Every accused person has the right to a fair trial, which includes the right—

(a) to be presumed innocent until the contrary is proved;"

This means that:

  • An accused person does not have to prove their innocence.
  • The burden of proof rests on the prosecution.
  • The prosecution must prove the case beyond reasonable doubt.
  • Any doubt must be resolved in favour of the accused.

Principles of a Fair Trial in Kenya

  • Fair hearing: Conducted before an independent and impartial court.
  • Legal representation: The accused has the right to choose and be represented by a legal practitioner.
  • Disclosure of evidence: The prosecution is required to disclose all relevant evidence to the defence.
  • Timely trial: The trial must be conducted without unreasonable delay.


The Kenyan Constitution strictly prohibits shoot-to-kill directives against unarmed protesters. Peaceful protest is a protected right, and any state response must be lawful, measured, and grounded in respect for human rights.

📜 International law violations

Why It Matters to the young people

State‑sanctioned violence Normalizes use of guns against civilians, even non‑violent ones.
Injury & disability Leg-shots can result in death or lifelong physical harm denying you and your family a dignified life.
Legal crossover Violates constitutional and human rights standards.
Impunity Few investigations or prosecutions when injuries/deaths occur.
Political symbolism Seen as method to momentarily suppress protest, avoid being held accountable and not resolve causes.
Context of ongoing repression Adds to existing memory of protest killings and abductions.

Legal and Ethical Expectations

  • Use of force must be justifiable and proportionate.
  • Protesters should be protected under law.
  • The Independent Policing Oversight Authority (IPOA) and Judiciary are constitutionally mandated to investigate and prosecute violations.

Reactions and youth response

  • Amnesty Kenya: Called the remarks “reckless and unconstitutional.”
  • KHRC: Filed legal actions and demanded prosecution of responsible leaders.
  • UN Special Rapporteur on Human Rights: Expressed concern over excessive force.
  • Youth & Civil Society: Massive backlash on social media and renewed protests across counties.
  • A song Risasi Kwa Mguu was introduced *https://www.youtube.com/watch?v=Ah_CUS8Ru44, * https://www.youtube.com/watch?v=IXBwi8Eqg7s

Consequences of Shoot-to-Kill Orders in Kenya (2024–2025)

🩸 Human Cost: Shoot-to-Kill Consequences

📍 Number of People Shot and Killed in 2025 Kenyan Protest

On June 17, Boniface Kariuki, a street vendor, was shot in the head by police during protests sparked by the death of blogger Albert Ojwang. He later died in hospital.[1]

June 25 Nationwide Protests

On June 25, at least 16 people were killed across Kenya, most by police gunfire during anti-government demonstrations. Rights groups such as Amnesty International Kenya and the Kenya National Commission on Human Rights (KNCHR) confirmed the toll.[2]

Other human rights groups reported at least 16 shot dead and over 400 injured.[3]

July 7 “Saba Saba” Protests

During the July 7 "Saba Saba" protests, estimates of deaths varied widely:

  • KNCHR confirmed 10 deaths and 29 injuries.[4]
  • Reuters also reported at least 11 confirmed killed.[5]
  • AP News stated that 31 people were killed nationwide during the protests.[6]

According to *The Guardian*, President William Ruto had reportedly told police to "shoot them in the leg" during escalating protests, amid criticism of excessive force.[7]

Cumulative Death Toll

Wikipedia and other aggregators have reported that between 50 and 70 people have been killed in protests since mid-June 2025, with the July 7 protests contributing between 10 and 38 of those deaths.[8]

🔫 Number of People Shot and Injured

  • Over 500 people were injured, many with gunshot wounds, rubber bullets, or baton injuries.
  • Numerous victims were left permanently disabled.
  • Some were shot while fleeing or filming protests, indicating excessive and unjustified force.

🔍 Documented Cases

See Remembrance project on Wikizetu, documenting lives lost, state brutality, and youth resistance in the push for justice and democracy in Kenya.

🕊️ Abductions and Enforced Disappearances

  • Over 50 Gen Z protesters were abducted by plain-clothed officers.
  • Some returned with signs of torture, others remain missing.

⚖️ Accountability Status

No update

📜 Impact on Society

  • Growing public distrust in the government and security forces.

References

References on Violations of Child Protection Rights

Other sources