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*[https://wikizetu.com/index.php/Convention_Against_Torture_(CAT) Convention Against Torture (CAT)]
*[https://wikizetu.com/index.php/Convention_Against_Torture_(CAT) Convention Against Torture (CAT)]
*[https://wikizetu.com/index.php/International_Covenant_on_Civil_and_Political_Rights_(ICCPR) International Covenant on Civil and Political Rights (ICCPR)]
*[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 โ€“ The Right to Privacy in the Digital Age (2013)]
*[https://wikizetu.com/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 โ€“ The Right to Privacy in the Digital Age (2013)]
*[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.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.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)]
*[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)]

Revision as of 22:46, 20 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

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

Killed: 2024
Justice Status: status