Abducted & Tortured: Difference between revisions
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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. | 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. | === ⚖️ 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 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)''' | ''“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)''' | ||
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=== 🕊️ 2. | === 🕊️ 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''' | ''“Every person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.”'' — '''Article 37''' | ||
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=== ⚖️ 3. | === ⚖️ 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]]. | 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]]. | ||
Revision as of 12:55, 23 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)
- UN Convention on the Rights of the Child (CRC)
- 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)
Abducted and tortured persons
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💔 Victim name Killed: 2024 |