The African Commission on Human and Peoples’ Rights welcomes the arrest and apprehension of three suspects involved in the attempted abduction of a Tanzanian activist in the Republic of Kenya
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, welcomes and commends the step taken by Kenyan authorities to the rescue of Tanzanian human rights activist Mshabaha Mshabaha Hamza.
The Commission has learned from reports reaching it that on Sunday, 22 February 2026, through the swift and coordinated efforts by officers from the Lukenya and Kyumbi Police Posts, DCI Kyumbi, and other national and county security and government agencies, Mr Mshabaha Mshabaha Hamza, a victim of an attempted abduction who had been reportedly drugged and injured, was rescued after the authorities intercepted the vehicle used by suspects. Simultaneously, the three suspects responsible for his attempted abduction were apprehended by Kenyan authorities.
The Commission commends the exemplary exercise by Kenyan authorities of their responsibility to protect the personal liberty everyone in their jurisdiction from violation by third parties. Under the African Charter on Human and Peoples’ Rights (African Charter), States Parties are obliged to guarantee in accordance with Article 6 the right of every individual ‘to liberty and the security of his person.’
In this regard, the Commission encourages the Kenyan authorities to ensure that investigations are conducted thoroughly and that all those responsible are held accountable in accordance with the law. Such action is essential not only for justice in this particular case but also for reinforcing Kenya’s longstanding leadership in ensuring that all those who reside in or seeking entry into its territory legally are afforded the protection stipulated in the African Charter.
The Commission also underscores that acts of intimidation, abduction, forced rendition, or arbitrary prohibition of movement undermine the fundamental rights protected under the African Charter on Human and Peoples’ Rights, particularly the right to life (Article 4), the right to dignity (Article 5), the right to personal liberty (Article 6) and the right to freedom of movement (Article 12).
In view of the foregoing, the African Commission calls upon the Republic of Kenya, as a state party to the African Charter, to take the following actions:
1. Ensure a prompt, thorough, and impartial investigation into the attempted abduction of Mshabaha Mshabaha Hamza, with a view to identifying and prosecuting all individuals involved, including any persons who may have planned, financed, or facilitated the incident.
2. Strengthen national protection mechanisms for all persons in Kenyan territory, with particular attention to those most vulnerable to intimidations or acts of violence including abduction such as human rights defenders and those peacefully expressing political dissent those operating in exile or seeking safety within the Republic of Kenya, in line with its obligations under the African Charter on Human and Peoples' Rights.
3. Take effective measures to prevent the use of the Kenyan territory for acts of transnational repression, including cross-border abductions, unlawful renditions, or intimidation of political dissidents and human rights defenders from other countries.
4. Promote regional cooperation to safeguard civic space and the protection of the right to freedom of movement under Article 12 of the African Charter, including through strengthened collaboration with neighbouring states and regional human rights mechanisms to address threats against human rights activists.
The African Commission will continue to monitor the situation closely and avails itself to engage with the Government of Kenya in this matter and stands ready to support efforts aimed at strengthening the protection of human rights defenders and the rule of law across the region.
Honourable Commissioner Solomon Ayele Dersso, PhD
Country Rapporteur on Human Rights in the Republic of Kenya
Done this 11th day of March 2026
