Abductions eroding public trust in the criminal justice system

Bob Njagi (second left) one of the victims of abductions, lawyer Fred Oloo (second right) and other activists address a press briefing at Galaxy resort in Kitengela, on October 9, 2024. [File, Standard]

When William Ruto was campaigning for the presidency, he looked Kenyans in the eye and promised to end enforced disappearances, false imprisonment, and extrajudicial killings of citizens. Ruto’s promise came against the backdrop of serious violations of human rights that culminated into arbitrary arrests, abductions and extrajudicial killings that happened under the Jubilee administration in which he served as the Deputy President.

Sadly, since his inauguration as President, Dr Ruto is not only in denial in regard to the perpetration of these twin evils of abduction and extrajudicial killings, but continues to exhibit inexplicable indifference, raising questions whether his promise was genuine or was a manipulation tactic to garner votes. In fact, under President Ruto, abductions and extrajudicial killings have increased, underpinning significant human rights violations in the face of a progressive constitution that outlaws torture, arbitrary arrests, and extrajudicial killings.

Often, these barbaric acts are associated with the same law enforcement agencies that are supposed to protect citizens. These acts have cultivated an environment of fear and despondency among citizens, whose right to free speech, and free expression is slowly but steadily becoming an endangered species.

Furthermore, these incidents are undermining the rule of law and eroding public trust in the criminal justice system, especially the National Intelligence Service, Office of the Director of Public Prosecutions and the Directorate of Criminal Investigations, strategic national security institutions that are mandated to detect, prevent, and prosecute criminal activities. These issues highlight the urgent need for both national and international attention to safeguard human rights in Kenya.

Nonetheless, it is imperative to question whether Ruto’s government is committed to the protection of human rights. Despite the advocacy role that is played by civil society organisations such as HAKI-Africa to assert and promote human rights and hold the government accountable, they often face significant challenges, including intimidation and harassment from State actors. Nevertheless, they should remain relentless in providing support to victims’ families, document abuses, and raise awareness about these fundamental issues.

According to statistics by the National Police Service, 339 cases of murder have been documented in 2024. This is a significant rise from 336 cases that were reported in 2023. Some of these cases were because of abductions and extrajudicial killings. Despite this sharp increase, the Inspector General (IG) of Police Douglas Kanja, isn’t moving with the “urgency of now” to combat these evils that are unsettling citizens.

Yet, reports by various human rights organisations demonstrate a disturbing trend of enforced disappearances and killings. Victims, including suspected criminals, political dissidents, and ordinary citizens, have been abducted in broad daylight, with little to no accountability for the perpetrators. Some are later found dead, often showing signs of torture or execution-style killings. Such acts not only violate the right to life enshrined in the United Nations’ Universal Declaration of Human Rights but also constitute a blatant disregard for due process as stipulated by the Kenyan constitution.

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Moreover, the Kenya National Commission on Human Rights has documented numerous cases where victims have been taken from their homes, workplaces, or even from the streets. The lack of tangible action by authorities further exacerbates the situation, as families of victims are left without answers or justice.

Abductions and extrajudicial killings have a profound impact on society. Communities are left traumatised, with families mourning the loss of loved ones who have disappeared or have been killed. Fear permeates public life, leading to self-censorship and a reluctance of citizens to participate in constitutionally protected activities such as protests. This environment stifles freedom of expression and assembly which are fundamental rights in a democratic society.

To address these urgent concerns, the government must take meaningful steps to hold perpetrators accountable. More importantly, as the chairman of the National Security Advisory Council President Ruto has a responsibility to uphold human rights and protect citizens from abductions, extrajudicial killings and unlawful imprisonment.

Mr Ambuka is a Human Rights Consultant Based in Pennsylvania, United States of America. [email protected]