DCI barred from probing civil society over claims of funding protests
National
By
Nancy Gitonga
| Aug 07, 2024
The High Court has stopped the government from probing civil society organisations over allegations of funding Gen Z protests.
Justice Chacha Mwita issued conservatory orders prohibiting the Directorate of Criminal Investigations (DCI) and other state agencies from investigating and interfering with the activities of civil society organisations led by Katiba Institute and Kenya Human Rights Commission (KHRC), pending the hearing and determination of the matter.
"In the meantime, a conservatory order is hereby issued restraining the respondents, their agents, and or any government agency including the DCI from in any way interfering with the petitioners' operation, including registration status, running of their bank accounts, and other activities until September 16, 2024," Justice Mwita ordered.
The court order comes after five petitioners led by Katiba Institute challenged the state decision to launch a rhetorical campaign by lying that civil society organisations including Ford Foundation were funding protests.
The petitioners through lawyer Joshua Malidzo Yawa asked the court to bar the state's growing interference in the affairs of civil society organisations through the Public Benefits Organizations Regulatory Authority among other state agencies.
While seeking the interim order, petitioners told the court that around July 15, 2024, state officials began a rhetorical campaign claiming that civil society organisations were funding Gen Z protests.
The court heard that the youth advocated for greater accountability for public resources and exercising public power, eradicating corruption, and relief from the high cost of living exacerbated by exorbitant taxes.
Civil society organisations also joined the GenZ and called for accountability when police curtailed the right to protest by killing, maiming, and abducting peaceful demonstrators.
Malidzo argued that in response to the demands of the Public Benefits Organizations Regulatory Authority, its chairperson Lindon Nicolas, and acting CEO Mwambu Mabongah issued a press release on July 22, 2024, lying that they were not legally registered to conduct activities benefiting the public.
He said that in the statement the Authority asked the DCI to investigate the civil society organisations overallegations of operating illegal bank accounts, holding funds, and running projects that could not be accounted for.
"The PBO regulatory authority, Nicolas and Mabongah, in support of and furthering this rhetoric, issued a press release and posted on their X social media account (formerly Twitter), in which they claimed the petitioners were not lawfully registered to carry out activities of benefit to the general public," Malidzo told the court.
It is said that the PBO regulatory authority, Nicolas and Mabongah also sought to pressure civil society organisations to stop demanding for accountability for killings, maiming, and abduction of protestors by security forces.
"In the disguise of minimizing the evidently widespread nature and popularity of the GenZ protests, state agencies have labelled reputable civil society organisations as financiers and supporters of violence, rhetoric that not only injures the reputation of these organisations but is also a threat to the petitioners' right to freedom of association under Article 36 of the Constitution and the right to fair administrative action under Article 47 of the Constitution," Malidzo said.
Further, the court heard that on July 15, 2024, President William Ruto, while attending a public rally in Nakuru, said that the Ford Foundation was sponsoring violence, anarchy, and chaos in the country by financing the GenZ protests.
According to the petitioners, the stated isolated 16 civil society organisations, and claimed that they were involved in attempts to "topple the country's democratically elected and constitutionally sanctioned government under the guise of the right to demonstrate and assemble."
Malidzo told the court that such interference undermines the essential work of civil society organisations, which is critical to promoting transparency, accountability, and human rights in Kenya.