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== πŸ“œ International law violations ==
== πŸ“œ International law violations ==
*[https://wikizetu.com/index.php/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoples’ Rights]
* [[International Convention for the Protection of All Persons from Enforced Disappearance|International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)]]
*[https://wikizetu.com/index.php/Universal_Declaration_of_Human_Rights_(UDHR) Universal Declaration of Human Rights (UDHR)]
* [[Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)]]
*[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/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoples’ Rights]
*[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/Universal_Declaration_of_Human_Rights_(UDHR) Universal Declaration of Human Rights (UDHR)]
*[https://wikizetu.com/index.php/Convention_Against_Torture_(CAT) Convention Against Torture (CAT)]
* [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/International_Covenant_on_Civil_and_Political_Rights_(ICCPR) International Covenant on Civil and Political Rights (ICCPR)]
* [https://wikizetu.com/index.php/Convention_Against_Torture_(CAT) Convention Against Torture (CAT)]
*[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/International_Covenant_on_Civil_and_Political_Rights_(ICCPR) International Covenant on Civil and Political Rights (ICCPR)]
*[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/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/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)]
* [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)]
* [[ICCPR ArticleΒ 9 – Liberty and Security of Person]]
* [[Convention Against Torture (CAT) & ICCPR – Freedom from Torture]]
* [[ICCPR Article 21 & ACHPR Article 11 - Freedom of Peaceful Assembly]]


== Abducted and tortured persons ==
== Abducted and tortured persons ==
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'''Justice Status:''' status
'''Justice Status:''' status
|}
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== References and Reports on Human Rights Violations During Kenyan Protests (2023–2025) ==
* [https://www.hrw.org/report/2024/11/25/unchecked-injustice/kenyas-suppression-2023-anti-government-protests Unchecked Injustice: Kenya’s Suppression of the 2023 Anti-Government Protests – Human Rights Watch, 2024]
* [https://www.hrw.org/news/2024/11/25/kenya-justice-overdue-2023-protest-abuses Kenya: Justice Overdue for 2023 Protest Abuses – Human Rights Watch, 2024]
* [https://www.hrw.org/news/2024/11/06/kenya-security-forces-abducted-killed-protesters Kenya Security Forces Abducted and Killed Protesters – Human Rights Watch, 2024]
* [https://www.amnesty.org/en/latest/news/2024/07/kenya-security-services-must-respect-fundamental-rights-during-nationwide-protests/ Kenya Security Services Must Respect Fundamental Rights During Nationwide Protests – Amnesty International, 2024]
* [https://www.amnesty.org/en/latest/news/2024/06/kenya-abductions-of-citizens-suspected-of-involvement-in-protests-violate-human-rights/ Kenya: Abductions of Citizens Suspected of Involvement in Protests Violate Human Rights – Amnesty International, 2024]
* [https://www.amnesty.org/en/location/report-kenya/ Kenya Country Report and Human Rights Updates – Amnesty International]
* [https://www.amnestykenya.org/kenya-end-abusive-policing-of-protests/ Amnesty Kenya: End Abusive Policing of Protests]
* [https://www.omct.org/en/resources/statements/kenya-end-killings-and-torture-of-protesters-ensure-freedom-of-assembly Kenya: End Killings and Torture of Protesters, Ensure Freedom of Assembly – OMCT]
* [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 – 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 – Washington Post, 2025]
* [https://www.theafricareport.com/354771/kenya-anti-government-protesters-abducted-and-tortured-say-human-rights-defenders/ Kenya: Anti‑government protesters abducted and tortured, say human rights defenders – *The Africa Report*, 11 July 2024]
* [https://khrc.or.ke/press-release/enforced-disappearances-increased-by-450-in-2024/ Enforced disappearances increased by 450% in 2024 – *KHRC / Missing Voices*, May 2025 ]
* [https://www.hrw.org/news/2024/11/06/kenya-security-forces-abducted-killed-protesters Kenya: Security Forces Abducted, Killed Protesters – *Human Rights Watch*, NovemberΒ 2024 ]
* [https://www.amnestykenya.org/missing-voices-annual-report-2024-brutal-policing/ MISSING VOICES ANNUAL REPORT 2024: BRUTAL POLICING]

Latest revision as of 09:01, 27 July 2025

⚠️ If you have been abducted or tortured, your story matters.
Sharing your experience here helps us build a stronger case for justice β€” not just for yourself, 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.

Constitutional Violations

The violent suppression of peaceful protests constitutes a clear violation of the right to a fair trial and the presumption of innocence. Each resulting abduction bring trauma, suffering and underscores a grave failure to uphold and adhere to constitutional and human rights obligations.

βš–οΈ 1. Article 28 -29 Human Dignity & Protection from Torture – (Kenya 2010 Constitution)

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


πŸ•ŠοΈ 2. Article 37 – Assembly, Demonstration, Picketing and Petition (Kenya 2010 Constitution)

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


βš–οΈ 3.Article 50 – Presumption of Innocence in Kenyan Law - (Kenya 2010 Constitution)

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

(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.

πŸ“œ International law violations

Abducted and tortured persons

Template

πŸ’” Victim name

Killed: 2024
Justice Status: status

References and Reports on Human Rights Violations During Kenyan Protests (2023–2025)