How are the Ugandan and Kenyan governments silencing dissenting voices?

The African Charter on Human and Peoples’ Rights (ACHPR) guarantees the right to freedom of assembly under Article 11, freedom of expression under Article 9 and the right to freedom of association under Article 10. Uganda and Kenya have both ratified this charter. In accordance with the law, these countries are required to uphold these fundamental freedoms. Unfortunately, both countries have instead weaponized their laws to suppress freedom of expression, association, and assembly.

Weaponization of laws

Following the Buganda Riots in 2009 and the Walk to Work protests in 2011, the Ugandan parliament tabled and passed the Public Order Management Act (POMA) in 2013, which gave the Inspector General of Police sweeping powers to authorize assemblies. Section 18 of the POMA has since been repealed, but public assemblies, demonstrations, and pickets are still met with violence and police brutality.

In Kenya, the Public Order Act was passed on June 13, 1950. This colonial-era law was passed to “maintain public order and related purposes.” It has undergone several amendments over the years, and in 2019, the Public Order (Amendment) Bill was introduced to discourage and regulate protests. The bill contains provisions such as mandatory notification to authorities and prohibitions on protests in certain areas. This law allows officials to ban assemblies that are deemed a threat to “public order.”

Police brutality

The authorities in these two countries use the law as a shield for police impunity. In both countries, police and military forces have been deployed to intimidate or violently suppress citizen assemblies. For instance, during the 2024 #RejectFinanceBill protests in Kenya, protesters were met with excessive force. There was a heavy military presence on the streets in Nairobi, working hand in hand with police to disperse protesters with tear gas, water cannons, and live ammunition. At least 39  protestors lost their lives, and many more were injured.

According to a report by Al Jazeera, human rights groups in Kenya say at least 80 people have been abducted since anti-government protests occurred in June last year.  Similarly, in 2020, over 54 people were killed in the streets of Kampala while protesting the arrest of opposition leader Robert Kyagulanyi — popularly known as Bobi Wine. This heavy-handedness is often excused by the law in the guise of maintaining national security even when demonstrations are peaceful.

As 2024 came to a close, Kenyan feminists protested offline and online against the rise in femicide cases across the nation. Again, the government met peaceful protestors with tear gas and water cannons.

Criminalization of activists

The Kenyan government is not alone in these tactics. Both Kenya and Uganda criminalize protest leaders, with activists and organizers facing charges such as incitement, unlawful assembly, or treason. Prominent opposition leaders in Uganda, like Bobi Wine, have been arrested for organizing or participating in protests, while influential activists in Kenya, such as Boniface Mwangi, have also been arrested and charged with incitement for advocating against government corruption and human rights abuses.

Deliberate delays in judicial processes

In both countries, deliberate judicial delays are used as a tactic to extinguish the zeal of protestors and exhaust their resources. In Uganda, after a protest, the days that follow are spent securing bail and attending court. In some cases, the magistrates do not show up, and those detained are driven back to prison. The hashtag #JudiciaryonTrial is being used on X to highlight how the judiciary is an accomplice to human rights violations in Uganda. With regards to Kenya, Human Rights Watch released a report entitledUnchecked Justice: Kenya’s Suppression of the 2023 Anti-Government Protests.” This report documents Kenyan police brutality and human rights abuses against participants in national opposition-led protests, yet the victims have not received any justice.

Suppression of digital rights

Both countries have a history of suppressing digital rights. In Uganda, internet shutdowns occurred during the 2016 and 2021 elections. Kenya followed suit, joining the growing list of governments that shut down the internet as a tool for control when it cut access on June 25, 2024, during the #RejectFinanceBIl demonstrations.

Additionally, laws in both countries are being used to silence dissenting voices online. In Uganda, the Computer Misuse Act of 2011 and its amendment in 2022 are employed for this purpose. Arrests and charges under the Computer Misuse (Amendment) Act 2022 have become rampant, mostly targeting Ugandan TikTok users.

In August 2022, Teddy Tracy Naluboowa, 27, was arrested in Uganda for a Tiktok video she made celebrating the death of a former security ministerElly Twumwine, who was notorious for clamping down the rights of Ugandans. He once ordered security forces to kill protestors. She was charged under the now-repealed Article 25 of the Computer Misuse Act for the video. Tracy was granted bail in October 2022, and the case was dismissed in January 2023.

The Ugandan and Kenyan governments are both weaponizing misinformation to suppress freedom of assembly and expression and, sadly, they are not the only African countries to do so. In an article by Open Democracy, those who dare raise their voices against injustices in their countries are reportedly then accused of being funded by foreign agents. Countries like Russia have already passed foreign agent laws.  According to “Foreign Agent Laws in the Authoritarian Playbook,” a report by Human-Rights watch:

As the promotion of democratic practices and human rights threatens authoritarians’ grip on power, “foreign agent” laws offer a handy tool to discredit these activities by equating them with promoting the interests of a foreign power.

John-Allan Namu and Agather Atuhaire told Open Democracy that their governments had accused them of receiving foreign funding for their activism. On June 6, 2024, while delivering the State of the Nation address, President Museveni accused the media of working for foreign parasites.  

The weaponization of laws, misinformation and the suppression of dissent both offline and online reflect a worrying trend across many African nations. These tactics undermine democracy, stifle activism, and erode public trust in leadership. However, the resilience of activists, journalists, and civil society organizations continues to shine as a beacon of hope. By fostering regional and global solidarity, amplifying voices of resistance, and leveraging international pressure, there remains a pathway to safeguarding freedoms and holding governments accountable for their actions.

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