Abducted & Tortured: Difference between revisions
Daimamkenya (talk | contribs) |
Daimamkenya (talk | contribs) |
||
Line 20: | Line 20: | ||
---- | ---- | ||
=== βοΈ 3. Presumption of Innocence in Kenyan Law - Article 50 === | === βοΈ 3. Presumption of Innocence in Kenyan Law - [https://wikizetu.online/index.php/Category:Kenya_2010_constitution#50._Fair_hearing Article 50 β Fair Hearing (Kenya 2010 Constitution)] | ||
=== | |||
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]]. | 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]]. | ||
Line 40: | Line 41: | ||
* '''Disclosure of evidence''': The prosecution is required to disclose all relevant evidence to the defence. | * '''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. | * '''Timely trial''': The trial must be conducted without unreasonable delay. | ||
---- Β | ---- | ||
== Abducted and tortured persons == | == Abducted and tortured persons == |
Revision as of 22:13, 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 Article 28 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 2. Freedom of Assembly, Demonstration and Petition β Article 37 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 3. Presumption of Innocence in Kenyan Law - Article 50 β Fair Hearing (Kenya 2010 Constitution)
===
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
Template
File:Avatar-default.png | π Victim name Killed: 2024 |