KNCHR:Uasin Gishu enforcement officers tortured traders and street families!

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Dr.Benard Mogesa (C),Commission Secretary/CEO KNCHR addressing the Media at the Uasin Gishu County Assembly.

An inquiry conducted  by the  Kenya  National Commission on Human Rights KNCHR has   indicated there were gross human right  violations against  hawkers, bang bang operators  and street families in Eldoret, perpetuated  by the Uasin Gishu County inspectorate  enforcement officials and other  unidentified- ununiformed groups.

Preliminary findings of the KNCHR in an eight page document seen by the Hubzmedia, 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 offences ,one person had a fracture and 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 the  KIMUMU and  HURUMA markets where traders were moved  to after  the closure of the  Champions and 64 markets is 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 .

The Commission also found out that traders in Langas and Huruma drawn from the Kikuyu, Luo and  Luhya communities are  discriminated against due to their perceived  political affiliations ,

“The cosmopolitan nature of Uasin Gishu County provides a fertile ground for ethnic interaction amongst the various communities engaging in the business, the relevant government agencies should promote ethnic cohesion and consider ethnic diversity in realizing its objectives”

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 youth 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 report has  a raft of  recommendations to the County Government of  Uasin Gishu and other Relevant National Government Ministries and Agencies  after establishing the County inspectorate department  did not carry out the  clean-up exercise in adherence to the existing  legal provisions and Human rights  standards  as well as  the  constitutional threshold  on treatment of persons with dignity.

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