KNCHR Report On Alleged Violation Of Human Rights Of Traders And Street Children Is Out, Here Are Its Contents
Dr.Benard Mogesa (C), Commission Secretary/CEO KNCHR addressing the Media at the Uasin Gishu County Assembly.
An inquiry report conducted by the Kenya National Commission on Human Rights KNCHR on the alleged violation of Human Rights of traders in Eldoret by County enforcement officers is out.
The report indicates that there were gross human rights violations against hawkers, bang bang operators, and street families in Eldoret.
Preliminary findings of the KNCHR in an eight-page document shows that there was reported use of excessive force, torture, and inhuman, degrading treatment or punishment of traders and street persons by the inspectorate officials.
These violations also happened during the search for persons accused of looting Eldomatt Supermarket and other shops within the CBD on 17th November 2022.
In their Fact-Finding Mission The human rights commission also obtained medical documents and statements from at least 11 victims and witnesses showing that they were admitted at MTRH with various injuries as a result of assault, torture, and excessive use force of by the county enforcement officers.
The commission also found out 78 persons were sentenced for various offenses, one person had a fracture and a few others had visible injuries which could be attributed to the excessive use of force applied during the arrest by the enforcement officers.
Dr.Benard Mogesa the Commission secretary and CEO while handing over the report to the Uasin Gishu County Assembly also noted that in the report a clean-up operation conducted from 18th November 2022 to 23rd November 2022 by the enforcement officers, about 300 people were incommunicado at the County social hall for more than 24 hours.
“The detention facility lacked basic amenities to support the critical needs of special interest groups such as children,PWDS and the people with chronic diseases, the victims were not provided with food and water during the period”
The KNCHR has also found out that the KIMUMU and HURUMA markets where traders were moved to after the closure of the Champions and 64 markets are not fit for human habitation as it lacks essential amenities such as adequate lavatories and water points, The Huruma market is congested forcing traders to sell their goods outside the market adjacent to the Eldoret-Uganda highway which exposes the traders to imminent road accidents.
On Extra Judicial executions, the Commission however did not find substantive evidence indicating street families had been unlawfully killed by the county enforcement officers, KNCHR team however established two youths had been killed in unclear circumstances and their bodies collected by police officers on patrol.
Regarding the involvement of police officers, KNCHR established that Eldoret police were not involved by the County Enforcement officers in the security/clean-up operations.
“This was irregular and unusual as the Police have previously worked with the county team in operations,” said the report in part.
The KNCHR reports a raft of recommendations to the County Government of Uasin Gishu and other Relevant National Government Ministries and Agencies regarding training and other capacity-building strategies for its staff in the security, inspectorate, and enforcement department.
The County government should also prioritize opening up the market’s infrastructure or rather have public participation during the relocation of traders from one market to another among other.
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