The African Commission on Human and Peoples’ Rights (the Commission), has issued a statement raising its concerns on the proposals made in Kenya’s Finance Bill 2024.
The commission’s Country Rapporteur on Human Rights in the Republic of Kenya, Honorable Commissioner Solomon Ayele Dersso, issued the statement particularly expressing concern on the proposal to amend sections of the Data Protection Act.
“The African Commission also expresses its deep concern regarding provision within the finance bill that seeks to remove section 51 of the Data Protection Act and allow the KRA the to have unfettered access individuals’ financial records without a warrant or prior notice, ” reads part of the statement.
These government actions could have serious consequences, setting a negative precedent and undermining the crucial rights to privacy and freedoms that are necessary to protect the civil, political, and socio-economic rights guaranteed by the African Charter.
Notably, the change to the data protection Act remains a proposal for now as the bill is yet to be approved by parliament. Secondly, the parliamentary commitee on finance has already recommend that the proposal is removed from the bill.
In a compelling plea, the Commission urges the Kenyan government to prioritize several key actions. First, they call for the unwavering respect of personal data protection, safeguarding the privacy of individuals. Additionally, the Commission emphasizes the fundamental right to peaceful protest, ensuring its free exercise.
Furthermore, they advocate for seeking solutions that don’t infringe on essential rights. Finally, the Commission urges the importance of engaging in constructive and inclusive dialogue. The commission recommends open communication between the government and its people.
Kenyans have taken to the streets in protests to reject the finance bill. More protests under the call to #OccupyParliament are expected on Thursday.
