Pressure is mounting on the government to release abducted youths, with the state human rights agency saying 29 people are still missing.
Kenya National Commission on Human Rights and the Law Society of Kenya are demanding that the government ratifies the International Protocol on Enforced Disappearance and implements it at once.
The rights commission condemned the pattern of abduction of young Kenyans critical of President William Ruto’s administration, saying their rights are further violated when the police fail to arraign them within 24 hours.
It says the alleged feigning of ignorance of disappearances by Inspector General of Police Douglas Kanja is unacceptable, as it leaves the citizens helpless.
Kanja said on December 26 that police officers are not responsible for the alleged abductions, most of them captured on CCTVs in various parts of the country and carried out by plainclothes men believed to be security agents.
But the KNCHR says the explanation by Kanja is not tenable as “[it is the role of the National Police Service to secure] every person in Kenya from such violent acts, particularly noting these abductions are happening in broad daylight, with some captured on CCTV but still no arrests are taking place.”
It says it is the role of the government to ensure the safety of citizens and “safeguard the rights and well-being of everyone in Kenya.”
The commission says the abductions continue to dent the image of the country.
“[We remind the government] about the important space it occupies in the international arena, including the seat at the Human Rights Council, and thus the need to prioritise the promotion and protection of rights of everyone,” it said.
“In exercising its mandate to monitor compliance with human rights principles and the rule of law, the commission, therefore, calls on the Inspector General of Police to discharge implementation of his constitutional mandate by expediting [and letting] Kenyans know who is perpetuating these abductions and protecting them from such occurrences.”
The police should also “embark on immediate investigations and arrests of those found culpable of perpetrating these heinous violations; and immediately and unconditionally release or present to court of any illegally detained persons including the 29 still missing, if in police custody,” it says.
“We reiterate our clarion call that the time is now to ratify and domesticate the International Convention for the Protection of All Persons from Enforced Disappearances.”
The Law Society of Kenya says it was gravely concerned, saying the incidents were alarming and undermine constitutional guarantees and the security of all citizens.
It says that while it was the duty of state organs to maintain law and order, they need to do that in a way that upholds human rights and adheres to constitutional and statutory requirements in all law enforcement efforts.
“The protection of fundamental freedoms, as enshrined in the constitution, must remain central to any actions undertaken by state and non-state actors.”
“We express grave concern over the recent rise in abductions, enforced disappearances and related human rights violations targeting individuals, specifically, social media users such as Billy Mwangi, Peter Muteti, Bernard Kavuli, and the reported detention of Gabriel Supeet,” the society said.
LSK further rejected police denial of involvement in the alleged abductions, saying, “It is insufficient
for the Inspector General of Police
to merely deny police involvement
in these abductions, without explicitly outlining the steps being
taken to address these egregious
violations.”
