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

Revision as of 23:16, 26 July 2025

⚠️ If your kin abducted and have never returned home, their story matters.
Sharing their story here helps us build a stronger case for justice — 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.

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.

📜 1. - Right to Life – Article 26

“Every person has the right to life.” — Article 26(1) “A person shall not be deprived of life intentionally, except to the extent authorized by this Constitution or other written law.” — Article 26(3)

🕊️ 2. Freedom of Assembly, Demonstration and Petition – Article 37

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

👮 3. Use of Force by Police – Article 244 & National Police Service Act

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

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

Proportionate
Necessary
Justifiable
A last resort

⚖️ 4. Human Dignity & Protection from Torture – Articles 28 and 29

“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)

🗳️ 5. Sovereignty of the People – Article 1

“All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.” — Article 1(1)

⚖️ 6. Presumption of Innocence in Kenyan Law - Article 50

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 on enforced disappearances

Persons who disappeared with no trace after 2024-2025 protests

	💔 Emmanuel Mukuria Kamau ‘’’Disappeared on: June 25, 2024 Nairobi Justice Status: Not known

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File:Avatar-default.png	💔 Victim name Killed: 2024 Justice Status: status

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

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 |-
 | [[File:Emmanuelkamau.jpg|100px|link=|alt=]]
-| '''💔 [[Emmanuel Mukuria Kamau]]’’’<br>
+| '''💔 [[Emmanuel Mukuria Kamau]]'''<br>
 ‘’’Disappeared on:'''  June 25, 2024 Nairobi <br>
 '''Justice Status:''' Not known