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Unlawful arrests, deaths: State agency paints gloomy human rights picture

"From July to November 2024, up to 26 people remain unaccounted for from the Gen Z protests."

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by GORDON OSEN

News21 November 2024 - 06:55
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In Summary


  • KNCHR said despite hue and cry from Kenyans and civil society actors, security elements continue to carry out arbitrary arrests.
  • The commission documented 25 injuries inflicted on security officers by the protestors.

KNCHR CEO Dr Benard Mogesa, commissioners Prof Marion Mutugi and Dr Dennis Wamalwa and vice chair Dr Raymond Nyeris at their offices in Nairobi yesterday /FILE

Arbitrary arrests and enforced disappearances by government agents continue despite alarm being sounded, a state human rights agency has said.

Kenya National Commission on Human Rights has said in its state of the human rights in the country from July to November 2024 that up to 26 people remain unaccounted for from the Gen Z protests.

It said despite hue and cry from Kenyans and civil society actors, security elements continue to carry out arbitrary arrest and detentions as well as enforced disappearance in contravention of the law.

It has documented 1,376 cases of such arrest during the period under review. KNCHR says that Gen Z protesters endured various degrees of injuries ranging from deep bone fractures, bullet wounds, soft tissue injuries and injuries arising from inhaling teargas used to quell the protests.

“The commission has documented 1,376 arbitrary arrests as well as 610 cases of injuries from June 18 to November 2024. These injuries were sustained in the course of the demonstrations,” it said.

“They ranged from deep fractures, bullet wounds, soft tissue injuries and inhalation of tear gas. Most of the injuries were inflicted by the security officers against the protesters,” it added.

The commission documented 25 injuries inflicted on security officers by the protestors. Also, the agency says it recorded 74 cases of enforced disappearances in the period between June and November 2024, out of which, 26 people are still missing.

The report of the commission follows widespread concern in the public as videos alleging abduction of individuals from the streets and their homes have been surfacing on the social media.

The alleged abductions have been carried out by armed unidentified people using unmarked cars. The report also arises as another round of protests have been planned for Thursday, November 21.

The commission demanded cessation of the arbitrary arrest and upholding of the arrested persons’ rights as per the law. It also demanded that the state ratifies the international convention that outlaws use of enforced disappearance and abduction as a policing tool.

“We call for an immediate halt to the unlawful arrests, abductions and enforced disappearances, as well as the fast-tracking of investigations and prosecutions of all those found culpable,” it said.

“We further call on the criminalisation of enforced disappearances and the ratification of the International Convention for the Protection of all Persons from Enforced Disappearances.”

At the same time, the commission condemned the profiling of 16 human right organisation by the government as the sponsors of the June 2024 Gen Z protest.

The profiling of 16 public benefit organisations as having funded the anti-finance bill protest was unconstitutional and against the spirit and letter of the Public Benefits Organization Act, 2013 whose operationalisation that took effect on May 14, 2024 was unlawful, the commission said.

“The country had waited for this operationalisation for 11 years, only for the actions during the protests to take us back with the stroke of a pen. To date, the authorities have not stated the culpability of the cited organisations,” it said.

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