Abducted & Tortured: Difference between revisions
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* [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.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://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://www.guardian.com/world/article/2024/aug/15/kenya-protests-disappearances ‘Enforced disappearances’ send a chill through Kenya’s protests] – *The Guardian*, 15 August 2024 | * [https://www.guardian.com/world/article/2024/aug/15/kenya-protests-disappearances ‘Enforced disappearances’ send a chill through Kenya’s protests] – *The Guardian*, 15 August 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://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.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.standardmedia.co.ke/main-staging/business/nairobi/article/2001506759/knchr-accuses-state-of-killings-abductions-and-violation-of-human-rights KNCHR accuses State of killings, abductions and violation of human rights] – *The Standard*, 21 November 2024 | * [https://www.standardmedia.co.ke/main-staging/business/nairobi/article/2001506759/knchr-accuses-state-of-killings-abductions-and-violation-of-human-rights KNCHR accuses State of killings, abductions and violation of human rights] – *The Standard*, 21 November 2024 |
Revision as of 17:41, 24 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
- African Charter on Human and Peoples’ Rights
- Universal Declaration of Human Rights (UDHR)
- UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)
- Convention Against Torture (CAT)
- International Covenant on Civil and Political Rights (ICCPR)
- UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)
- UN Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)
- 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
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💔 Victim name Killed: 2024 |
References and Reports on Human Rights Violations During Kenyan Protests (2023–2025)
- Unchecked Injustice: Kenya’s Suppression of the 2023 Anti-Government Protests – Human Rights Watch, 2024
- Kenya: Justice Overdue for 2023 Protest Abuses – Human Rights Watch, 2024
- Kenya Security Forces Abducted and Killed Protesters – Human Rights Watch, 2024
- Kenya Security Services Must Respect Fundamental Rights During Nationwide Protests – Amnesty International, 2024
- Kenya: Abductions of Citizens Suspected of Involvement in Protests Violate Human Rights – Amnesty International, 2024
- Kenya Country Report and Human Rights Updates – Amnesty International
- Amnesty Kenya: End Abusive Policing of Protests
- Kenya: End Killings and Torture of Protesters, Ensure Freedom of Assembly – OMCT
- Reuters: How Kenya Police Cover Up Killings of Anti-Government Protesters – Reuters, 2025
- Washington Post: Families Search for the Disappeared in Kenya Protests – Washington Post, 2025
- Kenya: Anti‑government protesters abducted and tortured, say human rights defenders – *The Africa Report*, 11 July 2024
- ‘Enforced disappearances’ send a chill through Kenya’s protests – *The Guardian*, 15 August 2024
- Enforced disappearances increased by 450% in 2024 – *KHRC / Missing Voices*, May 2025
- Kenya: Security Forces Abducted, Killed Protesters – *Human Rights Watch*, November 2024
- KNCHR accuses State of killings, abductions and violation of human rights – *The Standard*, 21 November 2024