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'''⚠️ If you have been abducted or tortured, your story matters.'''
'''⚠️ If you have been abducted or tortured, your story matters.'''
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Your voice is a powerful tool in the fight for justice, dignity, and constitutionalism.
Your voice is a powerful tool in the fight for justice, dignity, and constitutionalism.
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== 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.
=== ⚖️ 1. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#28._Human_dignity Article 28 -29 Human Dignity & Protection from Torture – (Kenya 2010 Constitution)] ===
''“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)'''
----
=== 🕊️ 2. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#37._Assembly,_demonstration,_picketing_and_petition Article 37 – Assembly, Demonstration, Picketing and Petition (Kenya 2010 Constitution) ] ===
''“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”'' — '''Article 37'''
----
=== ⚖️ 3.[https://wikizetu.com/index.php/Category:Kenya_2010_constitution#50._Fair_hearing Article 50 – Presumption of Innocence in Kenyan Law -  (Kenya 2010 Constitution)] ===
In '''Kenyan law''', the right to a fair trial — including the '''presumption of innocence''' — is firmly protected under the [[:Category:Kenya 2010 constitution|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.
----
== 📜 International law violations ==
* [[International Convention for the Protection of All Persons from Enforced Disappearance|International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED)]]
* [[Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)]]
* [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/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)]
* [[ICCPR Article 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 ==
Template
{| class="wikitable" style="width:61%; table-layout:auto; clear:left;"
|-
| [[File:Avatar-default.jpeg|100px|link=|alt=]]
| '''💔 [[Victim name]]'''<br>
'''Killed:''' 2024<br>
'''Justice Status:''' status
|}
== 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*, November 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 — 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.

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

“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)

🕊️ 2. Article 37 – Assembly, Demonstration, Picketing and Petition (Kenya 2010 Constitution)

“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.” — Article 37

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

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.

📜 International law violations

Abducted and tortured persons

Template

💔 Victim name

Killed: 2024
Justice Status: status

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

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