The African Commission on Human and Peoples’ Rights (the Commission), through the Country Rapporteur on Human Rights in the Republic of Kenya, Honourable Commissioner Solomon Ayele Dersso and the Chairperson of the Working Group on Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa Honourable Commissioner Idrissa Sow, expresses profound alarm over reports of abductions and enforced disappearances in Kenya.
The Commission has learned from reports that as many as 29 individuals have been abducted and are feared to have bee disappeared since June 2024, triggering expressions of concern on the part of Kenyans over these worrying trends and their chilling effects.
Without making any conclusive judgement, the African Commission reminds Kenya that enforced disappearances constitute a breach of the right to be free from arbitrary deprivation of liberty under Article 4 of the African Charter on Human and Peoples’ Rights (African Charter) and amount to cruel, inhuman, and degrading treatment under Article 5 of the African Charter.
The African Commission underscores that States Parties to the African Charter have obligations under Articles 4 and 5 both to ensure that their agencies do not engage in abductions and the resultant disappearances and to protect every individual in their jurisdiction from being subjected to such abductions and disappearances by other state or non-state actors.
The Commission emphasizes that under Article 7 of the African Charter, every person has the right to a fair trial and due process of the law and this demands States Parties to the African Charter to ensure that persons detained for alleged breaches of law are produced before a court of law and guaranteed access to a legal representative and their families.
The Commission noting with appreciation the commitment expressed for ending abductions calls upon the Government of Kenya to take the following urgent actions:
- Immediate Investigation and Accountability:
Launch thorough, transparent, and impartial investigations into all reported cases of abductions and enforced disappearances. Perpetrators must be identified and held accountable under Kenyan and international law to deter future violations.
- Strengthen Institutional Safeguards:
Reinforce the independence and operational capacity of oversight bodies, including the Police Oversight Commission, the judiciary and human rights commissions, to ensure they can effectively prevent and address such cases of abductions and enforced disappearances in compliance with Article 26 of the African Charter.
- Protect Victims and Families:
Provide immediate support to the families of abducted and disappeared persons through cooperating with them in opening investigations and availing legal assistance and ensure access to justice and remedies.
- Ensure respect for due process of the law
Following arrest or detention of any person, to ensure that the families and the public are informed about the arrest and detention and that the persons arrested or detained are produced before a court of law promptly.
- Institute relevant institutional reforms:
Based on independent inquiry into the circumstances that have created opening for the perpetration of abductions and the resultant forced disappearances, to adopt relevant legislative, policy and institutional reforms that ensure that no abductions and accompanying forced disappearances take place without state institutions being able to know and establish when such incidents and take measures for holding those responsible accountable.
The Commission reiterates its commitment to supporting Kenya in upholding its obligations under the African Charter and other international human rights instruments by acting decisively to safeguard the dignity, liberty, and security of all individuals within its jurisdiction.
Honourable Commissioner Solomon Ayele Dersso
Country Rapporteur on Human Rights in the Republic of Kenya
Honourable Commissioner Idrissa Sow
Chairperson of the Working Group on Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa
Done this 26th day of December 2024.
