Those who disappeared and never to be found.
โ ๏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.
๐ 1. - Right to Life โ Article 26
โEvery person has the right to life.โ โ Article 26(1) โA 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)
๐๏ธ 2. Freedom of Assembly, Demonstration and Petition โ Article 37
โEvery person has the right, peaceably and unarmed, to assemble, to demonstrate, to picket, and to present petitions to public authorities.โ โ Article 37
๐ฎ 3. Use of Force by Police โ Article 244 & National Police Service Act
โThe National Police Service shall comply with constitutional standards of human rights and fundamental freedoms.โ โ Article 244(c) โ...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
โ๏ธ 4. Human Dignity & Protection from Torture โ Articles 28 and 29
โEvery person has inherent dignity and the right to have that dignity respected and protected.โ โ Article 28 โEvery 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)
๐ณ๏ธ 5. Sovereignty of the People โ Article 1
โAll sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.โ โ Article 1(1)
โ๏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.
๐ International law violations on enforced disappearances
- African Charter on Human and Peoplesโ Rights
- Universal Declaration of Human Rights (UDHR)
- UN Human Rights Council Resolution 25/38 โ Protection of Human Rights in Protests (2014)
- Convention Against Torture (CAT)
- International Covenant on Civil and Political Rights (ICCPR)
- UN General Assembly Resolution 68/167 โ 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)
- ICCPR Article 9 โ Liberty and Security of Person
- Convention Against Torture (CAT) & ICCPR โ Freedom from Torture
- ICCPR Article 21 & ACHPR Article 11 - Freedom of Peaceful Assembly
Persons who disappeared with no trace after 2024-2025 protests
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๐ Emmanuel Mukuria Kamauโโโ โโโDisappeared on: June 25, 2024 Nairobi |
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File:Avatar-default.png | ๐ Victim name Killed: 2024 |
References and Reports on Human Rights Violations During Kenyan Protests (2023โ2025)
- Unchecked Injustice: Kenyaโs Suppression of the 2023 Anti-Government Protests โ Human Rights Watch, 2024
- Kenya: Justice Overdue for 2023 Protest Abuses โ Human Rights Watch, 2024
- Kenya Security Forces Abducted and Killed Protesters โ Human Rights Watch, 2024
- Kenya Security Services Must Respect Fundamental Rights During Nationwide Protests โ Amnesty International, 2024
- Kenya: Abductions of Citizens Suspected of Involvement in Protests Violate Human Rights โ Amnesty International, 2024
- Kenya Country Report and Human Rights Updates โ Amnesty International
- Amnesty Kenya: End Abusive Policing of Protests
- Kenya: End Killings and Torture of Protesters, Ensure Freedom of Assembly โ OMCT
- Reuters: How Kenya Police Cover Up Killings of Anti-Government Protesters โ Reuters, 2025
- Washington Post: Families Search for the Disappeared in Kenya Protests โ Washington Post, 2025