Jump to content

Those who disappeared and never to be found.: Difference between revisions

From WikiZetu
ย 
(19 intermediate revisions by the same user not shown)
Line 7: Line 7:
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.
</div>
</div>
== 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'''.
<blockquote>Kenya: Hold Authorities Accountable for Protester Deaths, Abductions https://www.hrw.org/news/2025/06/26/kenya-hold-authorities-accountable-for-protesters-deaths</blockquote>
== 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.
<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, tortured, and denied medical attention.
== Constitutional violations on enforced disappearances==
== 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.
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. [https://wikizetu.online/index.php/Category:Kenya_2010_constitution#26._Right_to_life - Right to Life โ€“ Article 26] ===
=== ๐Ÿ“œ 1. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#26._Right_to_life - Right to Life โ€“ Article 26] ===
''โ€œEvery person has the right to life.โ€'' โ€” '''Article 26(1)'''ย  ย 
''โ€œEvery person has the right to life.โ€'' โ€” '''Article 26(1)'''ย  ย 
''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)'''
''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)'''
Line 15: Line 29:
----
----


=== ๐Ÿ•Š๏ธ 2. [https://wikizetu.online/index.php/Category:Kenya_2010_constitution#37._Assembly,_demonstration,_picketing_and_petition Freedom of Assembly, Demonstration and Petition โ€“ย  Article 37] ===
=== ๐Ÿ•Š๏ธ 2. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#37._Assembly,_demonstration,_picketing_and_petition Freedom of Assembly, Demonstration and Petition โ€“ย  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'''
''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'''


Line 31: Line 45:


----
----
=== โš–๏ธ 4. [https://wikizetu.online/index.php/Category:Kenya_2010_constitution#28._Human_dignity Human Dignity & Protection from Torture โ€“ Articles 28 and 29] ===
=== โš–๏ธ 4. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#28._Human_dignity 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'''ย  ย 
''โ€œEvery person has inherent dignity and the right to have that dignity respected and protected.โ€'' โ€” '''Article 28'''ย  ย 
''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)'''
''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. [https://wikizetu.online/index.php/Category:Kenya_2010_constitution#CHAPTER_ONE_%E2%80%93_SOVEREIGNTY_OF_THE_PEOPLE_AND_SUPREMACY_OF_THIS_CONSTITUTION Sovereignty of the People โ€“ Article 1 ]===
=== ๐Ÿ—ณ๏ธ 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 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)'''
''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.ย  [https://wikizetu.online/index.php/Category:Kenya_2010_constitution#50._Fair_hearing Presumption of Innocence in Kenyan Law - Article 50] ===
=== โš–๏ธ 6.ย  [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 โ€” including the '''presumption of innocence''' โ€” is firmly protected under the Kenya 2010 constitution.
In '''Kenyan law''', the right to a fair trial โ€” including the '''presumption of innocence''' โ€” is firmly protected under the Kenya 2010 constitution.
Line 62: Line 76:


== ๐Ÿ“œ International law violations on enforced disappearances==
== ๐Ÿ“œ International law violations on enforced disappearances==
*[https://wikizetu.online/index.php/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoplesโ€™ Rights]
*[https://wikizetu.com/index.php/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoplesโ€™ Rights]
*[https://wikizetu.online/index.php/Universal_Declaration_of_Human_Rights_(UDHR) Universal Declaration of Human Rights (UDHR)]
*[https://wikizetu.com/index.php/Universal_Declaration_of_Human_Rights_(UDHR) Universal Declaration of Human Rights (UDHR)]
*[https://wikizetu.online/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 โ€“ Protection of Human Rights in Protests (2014)]
*[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 โ€“ Protection of Human Rights in Protests (2014)]
*[https://wikizetu.online/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.online/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.online/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 โ€“ The Right to Privacy in the Digital Age (2013)]
*[https://wikizetu.online/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 โ€“ 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.online/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)]
*[https://wikizetu.online/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 Articleย 9 โ€“ Liberty and Security of Person]]
*[[Convention Against Torture (CAT) & ICCPR โ€“ Freedom from Torture]]
*[[ICCPR Article 21 & ACHPR Article 11 - Freedom of Peaceful Assembly]]


== Enforced disappearance ==
== Persons who disappeared with no trace after 2024-2025 protests==
{| class="wikitable" style="width:61%; table-layout:auto; clear:left;"
|-
| [[File:Emmanuelkamau.jpg|100px|link=|alt=]]
| '''๐Ÿ’” [[Emmanuel Mukuria Kamau]]'''<br>
'''Disappeared on:''' ย June 25, 2024 Nairobi <br>
'''Justice Status:''' Not known
|}
Template ย 
Template ย 
{| 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
|}
|}
== References and Reports on Human Rights Violations During Kenyan Protests (2023โ€“2025) ==
* [https://www.hrw.org/report/2024/11/25/unchecked-injustice/kenyas-suppression-2023-anti-government-protests Unchecked Injustice: Kenyaโ€™s Suppression of the 2023 Anti-Government Protests โ€“ 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 โ€“ 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 โ€“ 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 โ€“ 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 โ€“ Amnesty International, 2024]
* [https://www.amnesty.org/en/location/report-kenya/ Kenya Country Report and Human Rights Updates โ€“ 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 โ€“ 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 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.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)