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== 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]

Revision as of 19:29, 23 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.

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

Template

File:Avatar-default.png ๐Ÿ’” Victim name

Killed: 2024
Justice Status: status


References and Reports on Human Rights Violations During Kenyan Protests (2023โ€“2025)