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== Scale of Disappearances ==
== Scale of Disappearances ==


According to the civil society coalition ''Missing Voices'', there were at least '''55 cases of enforced disappearance''' in 2024, marking a 450% increase from 2023. https://ke.boell.org/en/2025/05/07/missing-voices-annual-report-2024-enforced-disappearances-increased-450-2024
According to the civil society coalition ''Missing Voices'', there were at least '''55 cases of enforced disappearance''' in 2024 alone, marking a 450% increase from 2023. https://ke.boell.org/en/2025/05/07/missing-voices-annual-report-2024-enforced-disappearances-increased-450-2024


Human Rights Watch documented over '''87 abductions''' of protesters and activists between June and October 2024. As of mid-2025, at least '''26 individuals remained missing'''.
Human Rights Watch documented over '''87 abductions''' of protesters and activists between June and October 2024. As of mid-2025, at least '''26 individuals remained missing'''.
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Abductions were largely carried out by plainclothes officers in unmarked vehicles, often using changing number plates and sometimes with no number plates.
Abductions were largely carried out by plainclothes officers in unmarked vehicles, often using changing number plates and sometimes with no number plates.
<blockquote>Fear stalks Kenya as government critics abducted https://www.aljazeera.com/features/2025/3/4/very-worrying-fear-stalks-kenya-as-dozens-of-government-critics-abducted</blockquote>
<blockquote>Fear stalks Kenya as government critics abducted https://www.aljazeera.com/features/2025/3/4/very-worrying-fear-stalks-kenya-as-dozens-of-government-critics-abducted</blockquote>
Detainees were held without access to lawyers or family, often in undisclosed locations. Several victims later reported being interrogated, beaten, or denied medical attention.
Detainees were held without access to lawyers or family, often in undisclosed locations. Several victims later reported being interrogated, tortured, and denied medical attention.


== Constitutional violations on enforced disappearances==
== Constitutional violations on enforced disappearances==
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{| class="wikitable" style="width:61%; table-layout:auto; clear:left;"
{| class="wikitable" style="width:61%; table-layout:auto; clear:left;"
|-
|-
| [[File:Avatar-default.png|100px|link=|alt=]]
| [[File:Avatar-default.jpeg|100px|link=|alt=]]
| '''๐Ÿ’” [[Victim name]]'''<br>
| '''๐Ÿ’” [[Victim name]]'''<br>
'''Killed:''' 2024<br>
'''Disappeared on:''' 2024<br>
'''Justice Status:''' status
'''Justice Status:''' status
|}
|}
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* [https://www.reuters.com/world/africa/how-kenya-police-cover-up-killings-anti-government-protesters-2025-01-06/ Reuters: How Kenya Police Cover Up Killings of Anti-Government Protesters โ€“ Reuters, 2025]
* [https://www.reuters.com/world/africa/how-kenya-police-cover-up-killings-anti-government-protesters-2025-01-06/ Reuters: How Kenya Police Cover Up Killings of Anti-Government Protesters โ€“ Reuters, 2025]
* [https://www.washingtonpost.com/world/2025/06/27/kenya-protests-police-killings-abductions/ Washington Post: Families Search for the Disappeared in Kenya Protests โ€“ Washington Post, 2025]
* [https://www.washingtonpost.com/world/2025/06/27/kenya-protests-police-killings-abductions/ Washington Post: Families Search for the Disappeared in Kenya Protests โ€“ Washington Post, 2025]
* [https://www.dw.com/en/why-abductions-in-kenya-pose-a-threat-to-national-security/a-71191494 Why abductions in Kenya pose a threat to national security]
* [https://ke.boell.org/en/2025/05/07/missing-voices-annual-report-2024-enforced-disappearances-increased-450-2024?utm_source=chatgpt.com MISSING VOICES ANNUAL REPORT 2024: ENFORCED DISAPPEARANCES INCREASED BY 450% IN 2024]

Latest revision as of 01:24, 27 July 2025

โš ๏ธ If your kin abducted and have never returned home, their story matters.
Sharing their story here helps us build a stronger case for justice โ€” 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.

Scale of Disappearances

According to the civil society coalition Missing Voices, there were at least 55 cases of enforced disappearance in 2024 alone, marking a 450% increase from 2023. https://ke.boell.org/en/2025/05/07/missing-voices-annual-report-2024-enforced-disappearances-increased-450-2024

Human Rights Watch documented over 87 abductions of protesters and activists between June and October 2024. As of mid-2025, at least 26 individuals remained missing.

Kenya: Hold Authorities Accountable for Protester Deaths, Abductions https://www.hrw.org/news/2025/06/26/kenya-hold-authorities-accountable-for-protesters-deaths

Methods and Patterns

Abductions were largely carried out by plainclothes officers in unmarked vehicles, often using changing number plates and sometimes with no number plates.

Fear stalks Kenya as government critics abducted https://www.aljazeera.com/features/2025/3/4/very-worrying-fear-stalks-kenya-as-dozens-of-government-critics-abducted

Detainees were held without access to lawyers or family, often in undisclosed locations. Several victims later reported being interrogated, tortured, and denied medical attention.

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.

๐Ÿ“œ 1. - Right to Life โ€“ Article 26

โ€œEvery person has the right to life.โ€ โ€” Article 26(1) โ€œA person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.โ€ โ€” Article 26(3)


๐Ÿ•Š๏ธ 2. Freedom of Assembly, Demonstration and Petition โ€“ Article 37

โ€œEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.โ€ โ€” Article 37


๐Ÿ‘ฎ 3. Use of Force by Police โ€“ Article 244 & National Police Service Act

โ€œThe National Police Service shall comply with constitutional standards of human rights and fundamental freedoms.โ€ โ€” Article 244(c) โ€œ...Shall strive for the highest standards of professionalism and discipline among its members.โ€ โ€” Article 244(d)

The National Police Service Standing Orders further require that use of force must be:

  • Proportionate
  • Necessary
  • Justifiable
  • A last resort

โš–๏ธ 4. Human Dignity & Protection from Torture โ€“ Articles 28 and 29

โ€œEvery person has inherent dignity and the right to have that dignity respected and protected.โ€ โ€” Article 28 โ€œEvery 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.โ€ โ€” Article 29(f)


๐Ÿ—ณ๏ธ 5. Sovereignty of the People โ€“ Article 1

โ€œAll sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.โ€ โ€” Article 1(1)

โš–๏ธ 6. Presumption of Innocence in Kenyan Law - Article 50

In Kenyan law, the right to a fair trial โ€” including the presumption of innocence โ€” 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 rightโ€”

(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.

๐Ÿ“œ International law violations on enforced disappearances

Persons who disappeared with no trace after 2024-2025 protests

๐Ÿ’” Emmanuel Mukuria Kamau

Disappeared on:  June 25, 2024 Nairobi
Justice Status: Not known

Template

๐Ÿ’” Victim name

Disappeared on: 2024
Justice Status: status

References and Reports on Human Rights Violations During Kenyan Protests (2023โ€“2025)