Those who disappeared and never to be found.

⚠️ 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)

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🕊️ 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

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👮 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

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⚖️ 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)

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🗳️ 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.

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📜 International law violations on enforced disappearances

• 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)

Enforced disappearance

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💔 Victim name Killed: 2024 Justice Status: status