Abductions could spark fear and more violence if left unchecked

Several enforced disappearances crushed the Christmas spirit for many Kenyans this week. As at least seven new families search anxiously for their relatives, the National Police deny all knowledge and the Executive remains silent, many are wondering what next?

According to the Kenyan National Commission on Human Rights, one person has been abducted nearly every week for the last three months. The 13 cases push the abductions to 82 since the Gen Z protests in June.

Twenty-nine protesters remain missing to date. In the last week alone, Steve Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli, Naomi aka @Jabertotoo, Gideon Kibet and his younger brother Rony Kiplang’at have been kidnapped.

Under international law, abductions are also enforced disappearances. Under the United Nations Declaration on the Protection of all Persons from Enforced Disappearances, “an enforced disappearance is the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorisation, support or acquiescence of the State.”

In plainer English, enforced disappearances occur when either state officers or civilians are instructed, supported or allowed to abduct and detain people against their will. The practice is nearly two hundred years old, Anglican Archbishop Jackson ole Sapit reminded the nation this week. Jesus Christ, whose birthday Christians celebrated Wednesday, is one of the world’s most famous victims. Accused of heresy, he was brought before a Sanhedrin court at night, denied a fair trial, tortured and eventually executed.

Under mounting national and international condemnation, the Inspector General Police was at pains to exonerate his officers from charges that the enforced disappearances are the work of the National Police Service. His statement denied any involvement, reminded us that police officers arrest, not abduct persons suspected of crimes and asked Kenyans to supply any information they might have.

Like several before it over the last six months, the statement has outraged many, worried some and convinced none. Complicity is at the centre of the police inaction and the President’s silence this week, some have argued. Predictably, some netizens are now openly urging citizens to arm up and protect themselves and others from abductors. Left unchecked and fuelled by fear and anger, the downward spiral will lead to more violence.

Missing from the statement is any indication that the police is actively investigating the enforced disappearances. The IG’s statement did not indicate that his officers have recorded any witness statements, interviewed family members or dusted crime scenes.

There is no update on vehicles tracked, CCTV footage analysed, arrested suspects or any leads being followed at present. Yet, enforced disappearances have followed an almost identical sequence since June.

After days of physical and cell phone surveillance, a team of muscular, plain clothed men confront you. Carrying weapons and handcuffs but no identification or arrest warrant, you are forcibly dragged to their unmarked car and an unknown destination. There, you are denied legal representation, medical attention and food and can be subjected to emotional and physical torture until public pressure forces your release.

It is widely suspected that the missing persons have been hunted down and abducted for generating or sharing artificially created images of the President. The online images have created debate among legal scholars and the wider public. Are they satirical, civil disobedience, hate speech or treasonous? Only courts not abductors can determine the legal significance and consequences for circulating the images.

Enforced disappearances remove victims from the protection of the rule of law. They also threaten our collective right to freedom, a fair trial, and life. Under international and national law, the Kenyan state cannot authorise, support or stand aside and watch officers or other people break the law.

Until it accepts this, the fate of the missing will depend on their families, human rights activists and state officers to seek their release and create new hope for a new year free of rights violations.