Robert F. Kennedy Human Rights is deeply concern over the most recent steps taken by the Kenyan government to further restrict the legitimate activities of domestic civil society organizations, under the stated auspices of countering terrorism. Earlier this week, alongside terrorist groups like ISIS, al-Qaeda, al-Shabaab, and Boko Haram, Kenya's Inspector General of Police listed several notable human rights groups to be declared "Terrorist Organizations," froze their bank accounts, and gave them 24 hours to clarify why they should not be designated. 

 "Governments have a real responsibility to meet the threat of terrorism and protect the welfare of their citizens, and civil society groups are indispensable to achieving these ends," said Kerry Kennedy, President of Robert F. Kennedy Human Rights. "The Kenyan government has gone too far by including human rights groups in a list of possible terrorist organizations. President Kenyatta and the relevant authorities should take immediate and transparent steps to remove these human rights groups from this list." 

One human rights group included in the official government gazette to be designated as a Terrorist Organization under Kenya's 2012 Prevention of Terrorism Act, was HAKI Africa, an organization working to advance socioeconomic rights and improve living standards for marginalized communities in Kenya's Coastal Province. The current director, Hussein Khalid, was a featured participant in Robert F. Kennedy Human Rights' We Are Africa campaign last year, which was launched to promote inclusion of African civil society in the first-ever U.S.-Africa Leaders Summit last August. An additional group, Muslims for Human Rights (MUHURI), which promotes respect for civil liberties through engagement with local authorities, has also been listed. Both MUHURI and HAKI Africa have been outspoken critics of the Kenyan government's security policies and widespread infringements on civil liberties. In all, the gazette designated 86 suspected entities, mainly known terrorist groups, individuals, and private companies. 

"Kenya must respect the rule of law while countering terrorism. The increased harassment of civil society groups in Kenya is very alarming, and adds to an already profound sense that civic space is shrinking inside the country," said Santiago A. Canton, Executive Director of RFK Partners for Human Rights. "Kenya seems to have unfortunately followed the path of other leaders in the region by stifling the work of civic activists, rather than working cooperatively with them." 

In a similar move late last year, the Kenyan government deregistered over 500 NGOs, and designated 15 groups in particular as having suspected links to terrorism. This decision came in the aftermath of the signing of Kenya's controversial Security Laws (Amendment) Act on December 19, 2014 by President Uhuru Kenyatta. 

The genesis of Kenya's 2012 Prevention of Terrorism Act, came amid mounting concerns about the government's inability to combat rising terror threats as well as pressure from the United States. The security debate has picked up heated momentum in the aftermath of the 2013 Westgate shopping mall attack that resulted in 67 deaths and last week's daytime assault, where almost 150 college students were killed at Garissa University College. The terrorist group al-Shabaab has claimed responsibility for both attacks. Kenya's Prevention of Terrorism Act, like other counterterrorism laws in the post-9/11 era, contains many vague provisions and lacks adequate due process safeguards to prevent the abuse of the law to target the lawful activities of human rights groups. 

Under article 10 African Charter on Human and Peoples' Rights and article 22 of the International Covenant on Civil and Political Rights, Kenya must guarantee the right to freedom of association. A government may restrict the right to freedom of association in limited circumstances "necessary to in a democratic society", including in the "interest of national security." The United Nations Special Rapporteur on promotion and protection of human rights while countering terrorism has established that when using national security to restrict fundamental rights, the government has the burden to prove that a true threat to national security exists and the measures taken are necessary to handle the threat. Further, the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association has stated that the use of anti-terrorism or security laws as a "pretext to constrain dissenting views or independent civil society," such as deregistering NGOs, is not necessary and is a violation of international law.