Those who disappeared and never to be found.: Difference between revisions
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== Constitutional violations on enforced disappearances== | == 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. | 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. [https://wikizetu. | === 📜 1. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#26._Right_to_life - Right to Life – Article 26] === | ||
''“Every person has the right to life.”'' — '''Article 26(1)''' | ''“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)''' | ''“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. [https://wikizetu. | === 🕊️ 2. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#37._Assembly,_demonstration,_picketing_and_petition 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''' | ''“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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=== ⚖️ 4. [https://wikizetu. | === ⚖️ 4. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#28._Human_dignity 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 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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=== 🗳️ 5. [https://wikizetu. | === 🗳️ 5. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#CHAPTER_ONE_%E2%80%93_SOVEREIGNTY_OF_THE_PEOPLE_AND_SUPREMACY_OF_THIS_CONSTITUTION 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)''' | ''“All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.”'' — '''Article 1(1)''' | ||
=== ⚖️ 6. [https://wikizetu. | === ⚖️ 6. [https://wikizetu.com/index.php/Category:Kenya_2010_constitution#50._Fair_hearing 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. | In '''Kenyan law''', the right to a fair trial — including the '''presumption of innocence''' — is firmly protected under the Kenya 2010 constitution. | ||
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== 📜 International law violations on enforced disappearances== | == 📜 International law violations on enforced disappearances== | ||
*[https://wikizetu. | *[https://wikizetu.com/index.php/African_Charter_on_Human_and_Peoples%E2%80%99_Rights African Charter on Human and Peoples’ Rights] | ||
*[https://wikizetu. | *[https://wikizetu.com/index.php/Universal_Declaration_of_Human_Rights_(UDHR) Universal Declaration of Human Rights (UDHR)] | ||
*[https://wikizetu. | *[https://wikizetu.com/index.php/UN_Human_Rights_Council_Resolution_25/38_%E2%80%93_Protection_of_Human_Rights_in_Protests_(2014) UN Human Rights Council Resolution 25/38 – Protection of Human Rights in Protests (2014)] | ||
*[https://wikizetu. | *[https://wikizetu.com/index.php/UN_Convention_on_the_Rights_of_the_Child UN Convention on the Rights of the Child (CRC)] | ||
*[https://wikizetu. | *[https://wikizetu.com/index.php/Convention_Against_Torture_(CAT) Convention Against Torture (CAT)] | ||
*[https://wikizetu. | *[https://wikizetu.com/index.php/International_Covenant_on_Civil_and_Political_Rights_(ICCPR) International Covenant on Civil and Political Rights (ICCPR)] | ||
*[https://wikizetu.online/index.php/UN_General_Assembly_Resolution_68/167_%E2%80%93_The_Right_to_Privacy_in_the_Digital_Age_(2013) UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)] | *[https://wikizetu.online/index.php/UN_General_Assembly_Resolution_68/167_%E2%80%93_The_Right_to_Privacy_in_the_Digital_Age_(2013) UN General Assembly Resolution 68/167 – The Right to Privacy in the Digital Age (2013)] | ||
*[https://wikizetu. | *[https://wikizetu.com/index.php/UN_Special_Rapporteur_Reports_(especially_on_extrajudicial,_summary_or_arbitrary_executions) UN Special Rapporteur Reports (especially on extrajudicial, summary or arbitrary executions)] | ||
*[https://wikizetu. | *[https://wikizetu.com/index.php/United_Nations_Basic_Principles_on_the_Use_of_Force_and_Firearms_by_Law_Enforcement_Officials_(1990) United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials (1990)] | ||
== Persons who disappeared with no trace after 2024-2025 protests== | == Persons who disappeared with no trace after 2024-2025 protests== | ||
Revision as of 22:45, 20 July 2025
⚠️ 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)
🕊️ 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
👮 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
⚖️ 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)
🗳️ 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.
📜 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)
Persons who disappeared with no trace after 2024-2025 protests
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| File:Avatar-default.png | 💔 Victim name Killed: 2024 |
