Abducted & Tortured: Difference between revisions
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== Abducted and tortured == | Β | ||
== 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 andΒ underscores a grave failure to uphold and adhere to constitutional and human rights obligations. | |||
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=== βοΈ 1. Human Dignity & Protection from Torture β Articles 28 and 29 === | |||
''βEvery person has inherent dignity and the right to have that dignity respected and protected.β'' β '''Article 28'''Β | |||
''βEvery 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.β'' β '''Article 29(f)''' | |||
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=== ποΈ 3. Freedom of Assembly, Demonstration and Petition β Article 37 === | |||
''βEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.β'' β '''Article 37''' | |||
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=== βοΈ 6. Presumption of Innocence in Kenyan Law - Article 50 === | |||
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In '''Kenyan law''', the right to a fair trial β including the '''presumption of innocence''' β is firmly protected under the [[:Category:Kenya 2010 constitution|Kenya 2010 constitution]]. | |||
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'''Article 50(2)(a)''' of the Constitution of Kenya, 2010 states: | |||
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:''"Every accused person has the right to a fair trial, which includes the rightβ | |||
(a) to be presumed innocent until the contrary is proved;"'' | |||
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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'''. | |||
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''' 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. | |||
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== Abducted and tortured persons == | |||
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Revision as of 20:21, 19 July 2025
β οΈ If you have been abducted or tortured, your story matters.
Sharing your experience here helps us build a stronger case for justice β 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.
βοΈ 1. Human Dignity & Protection from Torture β Articles 28 and 29
βEvery person has inherent dignity and the right to have that dignity respected and protected.β β Article 28 βEvery 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.β β Article 29(f)
ποΈ 3. Freedom of Assembly, Demonstration and Petition β Article 37
βEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.β β Article 37
βοΈ 6. Presumption of Innocence in Kenyan Law - Article 50
In Kenyan law, the right to a fair trial β including the presumption of innocence β 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 rightβ
(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.
Abducted and tortured persons
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File:Avatar-default.png | π Victim name Killed: 2024 |