View source for Those who disappeared and never to be found.


<div style="border: 2px dashed red; padding: 1em; background-color: #fff3f3; color: #900;">
'''⚠️ If your kin abducted and have never returned home, their story matters.'''
<br>
Sharing their story here helps us build a stronger case for justice — not just for them, but for all victims.
Together, we are working toward a safer Kenya, grounded in truth, accountability, and the rule of law.
Your voice is a powerful tool in the fight for justice, dignity, and constitutionalism.
</div>
== Constitutional violations on enforced disappearances==
The violent suppression of peaceful protests constitutes a clear violation of the right to a fair trial and the presumption of innocence. Each resulting death underscores a grave failure to uphold and adhere to constitutional and human rights obligations.
=== 📜 1. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#26._Right_to_life - Right to Life – Article 26] ===
''“Every person has the right to life.”'' — '''Article 26(1)'''  
''“A person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.”'' — '''Article 26(3)'''

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=== 🕊️ 2. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#37._Assembly,_demonstration,_picketing_and_petition Freedom of Assembly, Demonstration and Petition –  Article 37] ===
''“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”'' — '''Article 37'''

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=== 👮 3. Use of Force by Police – Article 244 & National Police Service Act ===
''“The National Police Service shall comply with constitutional standards of human rights and fundamental freedoms.”'' — '''Article 244(c)'''  
''“...Shall strive for the highest standards of professionalism and discipline among its members.”'' — '''Article 244(d)'''

The '''National Police Service Standing Orders''' further require that use of force must be:
* Proportionate
* Necessary
* Justifiable
* A last resort

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=== ⚖️ 4. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#28._Human_dignity Human Dignity & Protection from Torture – Articles 28 and 29] ===
''“Every person has inherent dignity and the right to have that dignity respected and protected.”'' — '''Article 28'''  
''“Every person has the right to freedom and security... which includes the right not to be treated or punished in a cruel, inhuman or degrading manner.”'' — '''Article 29(f)'''
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=== 🗳️ 5. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#CHAPTER_ONE_%E2%80%93_SOVEREIGNTY_OF_THE_PEOPLE_AND_SUPREMACY_OF_THIS_CONSTITUTION Sovereignty of the People – Article 1 ]===
''“All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.”'' — '''Article 1(1)'''

=== ⚖️ 6.  [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#50._Fair_hearing Presumption of Innocence in Kenyan Law - Article 50] ===

In '''Kenyan law''', the right to a fair trial — including the '''presumption of innocence''' — is firmly protected under the Kenya 2010 constitution.

'''Article 50(2)(a)''' of the Constitution of Kenya, 2010 states:

:''"Every accused person has the right to a fair trial, which includes the right—
(a) to be presumed innocent until the contrary is proved;"''

This means that:
* An accused person '''does not have to prove their innocence'''.
* The '''burden of proof''' rests on the '''prosecution'''.
* The prosecution must prove the case '''beyond reasonable doubt'''.
* Any doubt must be resolved in '''favour of the accused'''.

''' Principles of a Fair Trial in Kenya '''
* '''Fair hearing''': Conducted before an independent and impartial court.
* '''Legal representation''': The accused has the right to choose and be represented by a legal practitioner.
* '''Disclosure of evidence''': The prosecution is required to disclose all relevant evidence to the defence.
* '''Timely trial''': The trial must be conducted without unreasonable delay.
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== 📜 International law violations on enforced disappearances==
*[https://wikizetu.com/index.php/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoples’ Rights]
*[https://wikizetu.com/index.php/Universal_Declaration_of_Human_Rights_(UDHR) Universal Declaration of Human Rights (UDHR)]
*[https://wikizetu.com/index.php/UN_Human_Rights_Council_Resolution_25/38_%E2%80%93_Protection_of_Human_Rights_in_Protests_(2014) UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)]
*[https://wikizetu.com/index.php/UN_Convention_on_the_Rights_of_the_Child UN Convention on the Rights of the Child (CRC)]
*[https://wikizetu.com/index.php/Convention_Against_Torture_(CAT) Convention Against Torture (CAT)]
*[https://wikizetu.com/index.php/International_Covenant_on_Civil_and_Political_Rights_(ICCPR) International Covenant on Civil and Political Rights (ICCPR)]
*[https://wikizetu.com/index.php/UN_General_Assembly_Resolution_68/167_%E2%80%93_The_Right_to_Privacy_in_the_Digital_Age_(2013) UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)]
*[https://wikizetu.com/index.php/UN_Special_Rapporteur_Reports_(especially_on_extrajudicial,_summary_or_arbitrary_executions) UN Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)]
*[https://wikizetu.com/index.php/United_Nations_Basic_Principles_on_the_Use_of_Force_and_Firearms_by_Law_Enforcement_Officials_(1990) United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)]

== Persons who disappeared with no trace after 2024-2025 protests==
Template 
{| class="wikitable" style="width:61%; table-layout:auto; clear:left;"
|-
| [[File:Avatar-default.png|100px|link=|alt=]]
| '''💔 [[Victim name]]'''<br>
'''Killed:''' 2024<br>
'''Justice Status:''' status
|}