Jump to content

Abducted & Tortured: Difference between revisions

From WikiZetu
Line 56: Line 56:
{| class="wikitable" style="width:61%; table-layout:auto; clear:left;"
{| class="wikitable" style="width:61%; table-layout:auto; clear:left;"
|-
|-
| [[File:Avatar-default.png|100px|link=|alt=]]
| [[File:Avatar-default.jpeg|100px|link=|alt=]]
| '''πŸ’” [[Victim name]]'''<br>
| '''πŸ’” [[Victim name]]'''<br>
'''Killed:''' 2024<br>
'''Killed:''' 2024<br>
'''Justice Status:''' status
'''Justice Status:''' status
|}
|}

Revision as of 08:18, 22 July 2025

⚠️ 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.

βš–οΈ 1. Human Dignity & Protection from Torture – Article 28 -29 – Human Dignity (Kenya 2010 Constitution)

β€œEvery person has inherent dignity and the right to have that dignity respected and protected.” β€” Article 28 β€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.” β€” Article 29(f)


πŸ•ŠοΈ 2. Freedom of Assembly, Demonstration and Petition – Article 37 – Assembly, Demonstration, Picketing and Petition (Kenya 2010 Constitution)

β€œEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.” β€” Article 37


βš–οΈ 3. Presumption of Innocence in Kenyan Law - Article 50 – 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.

πŸ“œ International law violations

Abducted and tortured persons

Template

πŸ’” Victim name

Killed: 2024
Justice Status: status