AU Intervenes on Finance Bill Warns Against Violation of Privacy.

The African Commission on Human and Peoples’ Rights (ACHPR), a body under the African Union (AU), has voiced its concerns regarding the proposed changes to the Data Protection Act in Kenya as outlined in the Finance Bill 2024.

The proposed amendment aims to exempt the Kenya Revenue Authority (KRA) from the obligations of the Data Protection Act, permitting the KRA to obtain taxpayers' personal data from data handlers without a court order.

In a statement issued on Wednesday, ACHPR’s Rapporteur on Human Rights in Kenya, Solomon Ayele Dersso, criticized the amendment, stating, “it sets a dangerous precedent for government overreach and undermines the fundamental principles of privacy and civil liberties.”

The AU highlighted that the proposed changes could significantly impact most Kenyans, depriving them of their basic human needs.

The commission pointed out that the rising cost of living, stagnant wages, and high unemployment rates have worsened the struggles of ordinary citizens, contradicting the principles of social justice.

“The Commission has observed the protests that have arisen in response to these tax policies, which reflect the economic hardship many Kenyans face. The increased cost of living, stagnant wages, and high unemployment have intensified the difficulties of ordinary citizens, violating the principles of social justice and equality foundational to the African Charter,” stated a section of the statement.

The union urged the government to consider alternative measures to ease the financial burden on citizens.

"Such measures might include targeted subsidies for essential goods, tax relief for low-income earners, and the establishment of robust social protection programs," the commission suggested.

Additionally, the commission called on the government to uphold the right to peaceful demonstrations as guaranteed under Article 11 of the African Charter.

"The Commission urges the Kenyan authorities to respect this right and ensure that security forces show restraint and uphold the highest standards of human rights when managing public demonstrations."

The AU also demanded the immediate release of individuals detained for participating in peaceful protests.

"The Commission calls for the immediate release of individuals arrested for participating in peaceful protests, respecting due process of law as outlined under Article 7 of the African Charter."

Furthermore, the government was directed to amend the provision allowing the revenue collection agency to access individuals' financial records without prior notice.

The Commission emphasized that the well-being of ordinary citizens should be prioritized in any economic policy further reiterating that they stand in solidarity with the people and the Government of Kenya in their pursuit of social justice.