Kenya

Jump ahead: What can I do?

On 30 June 2020, the Chinese government forced through a so-called national security law through its Hong Kong puppet government. Among others, its provisions contained vague and broad wordings including "provoking hatred", which is Chinese statespeak for anything that the regime doesn't like.

What's more, Beijing has given itself jurisdiction in Kenya, even extending to non-Chinese and non-Hongkongers. That includes Kenyan people.

Beijing will request information from the Kenyan government.

And the law will be run by some secret Chinese state committee, away from Kenyan eyes.

You may download the English full text of the so-called national security law for further research. The text was published by China's state media. The original text is was published by the Hong Kong government.

But that's not Kenyan law?

Kenya has extradition agreement and legal assistance agreement with China.

Unfortunately this is Kenyan law.

The Kenyan government may hand you over, along with your data, to China upon request.

Safeguard clauses?

China has a history of fabricating criminal charges. The infamous "soliciting prostitution" charge is frequently employed on dissidents. Furthermore, Torture is employed by law enforcement officers. Beijing exerts political pressure on foreign governments in extradition matters.

While there are safeguard clauses guarding against abuse and political crimes, it essentially comes down to whether the Kenyan government believes in China's case or not. This is, of course, subject to political pressure from China. Even in best case scenario, “unlikely” is insufficient reassurance for Kenyan people and Hongkongers alike.

What can I do?

Will you trust the Kenyan government to defend your freedoms and rights?

Or will your government sacrifice you for the next trade deal with China?

General public

• Tweet or write to your local politician, scholar, or expert for opinion and policy changes
• Invite media to report on this grave issue
• Form or invite your local concern groups to join in the initiative
• Invite your local politicians, activists, or organizations to sign the global joint Statement
• Use our Extradition risk world map to plan your travels

Politicians, activists, and groups who have joined in previous efforts may be more inclined to help you:

• Chris Patten-led global joint Statement
• our global joint Statement
• the Inter-Parliamentary Alliance on China (IPAC)

Politicians and legislators

Urgent policy and legislative changes are needed to protect Kenyan people from China. No matter how lucrative China deals are, no Kenyan may be sacrificed as a bargaining chip. Kenyan laws should always defend its people and guarantee freedoms of opinion and expression from undue Chinese influence. There must not be any mechanism for Beijing to implement draconian laws on Kenyan land, on any Kenyan citizen.

• Declare both China and Hong Kong governments to be violating "One Country, Two Systems" and international obligations. This was the foundation upon which Kenya builds its relationship with Hong Kong, separately from China; but the so-called national security law was passed by China legislature and promulgated by Hong Kong. Ref: acts by the United States, the United Kingdom and Canada, Australia, along with other international actors.
• Terminate or suspend the extradition agreement and the legal assistance agreement.
• Amend Kenyan legislation to include provisions against any current or future extradition or legal assistance agreements with Hong Kong and China. This is essential to protect Kenyan people from China during the (unknown) period before termination takes effect.
• Issue travel warnings against Hong Kong and China, for the threat of so-called national security law being used against travellers.
• Join and sign our global joint Statement

Media

Kenyan people have a right to know that there exists a mechanism in Kenyan law that exposes Kenyan people to being imminently targetted by China through its self-declared global jurisdiction under the so-called national security law.

• Investigate and report on the so-called national security law issue in Hong Kong.
• Investigate and report on the extradition agreement and legal assistance agreement.

Scholars and academia

The so-called national security law opens up important questions on international politics and legal scholarship. Research and reports that may be helpful:

• Validity and abuse of extraterritorial jurisdiction, centred around Art. 38
• International law and abuse of the cross-jurisdiction mutual assistance agreements
• Status and viability of the "One Country, Two Systems" framework
• Hong Kong as a case of systematic failed and hostile government