The Permanent Mission of the Republic of Kenya to the United Nations Office and other International Organizations in Geneva has taken issue with the Office of the High Commissioner for Human Rights (OHCHR) regarding its statement on recent events in Kenya.
In a courteous yet assertive response, the Kenyan Mission contests the characterisation of recent events in Kenya as 'peaceful protests'.
"The events that took place in Kenya in the last week were not peaceful protests," the statement said. "They were riots, vandalism, and the large-scale destruction of civilian objects," the statement read in part.
"These actions are incompatible with the principles of peaceful assembly as outlined by multiple resolutions and undertakings by the Human Rights Council and the OHCHR."
The Kenyan Mission acknowledges its commitment to human rights and democracy while emphasizing the importance of distinguishing between peaceful assembly and violent rioting that occurred in the country.
Read More
The government further takes issue with the reliance of the OHCHR on third-party sources for information.
"The OHCHR has relied on third-party sources for information about the events in Kenya," the statement said.
"These sources often lack first-hand experience and their assertions are often not corroborated by other independent assessments. The use of such information without due diligence raises concerns about the quality and reliability of the data in question."
The mission also acknowledged its obligations, both in accordance with international law and the Kenyan constitution, to protect and uphold the rights to peaceful assembly and protest.
"This commitment to peace, democracy, and human rights is unwavering," the statement said.
"However, we must also differentiate between the right to peaceful assembly and the acts of destructive rioting that occurred in Kenya in the last week."
In response to OHCHR spokesperson Mr Jeremy Laurance's call for investigations into unfortunate incidents, the Mission emphasizes that this does not imply an endorsement of violent and destructive behaviours and OHCHR should not conflate the two.
"We concur with Mr Laurance's call for thorough investigations into the unfortunate incidents of deaths and injuries, yet we emphasise that this in no way should be construed as an endorsement or tolerance of the violent and destructive behaviours that were displayed," the statement said.
"Violent disruption, masquerading as political activism, threaten the very fabric of our democracy and the peaceful coexistence of our people."
The mission called on the OHCHR to remain vigilant towards any instances of anti-democratic conduct in Kenya.
"We urge the OHCHR to use its influence to promote peace and democracy in Kenya," the statement said.
"We also urge the OHCHR to be more discerning in its use of information, and to ensure that its reports are based on accurate and reliable data."
Quoting the UN Declaration of Human Rights, Human Rights Council Resolution 44/20, and General Comment No 37, the government stressed its dedication to peace, democracy, and human rights for all Kenyans.
"In line with the UN Declaration of Human Rights, Human Rights Council Resolution 44/20 and General Comment No 37, to mention just a few relevant undertakings, the government of Kenya endeavours to protect the rights of individuals engaged in peaceful assembly and peaceful protests whilst maintaining public safety," the statement read.
"The government does so reflecting its constitutional and political committment to protecting these rights as key to delivering in its mandate to advance the security and prosperity of all Kenyans."
The OHCHR has not yet responded to the Kenyan government's statement.
Read the entire statement below:
