US demands end to abductions in Kenya, says rule of law should be respected

The United States has joined growing international calls for accountability and the upholding of the rule of law in Kenya, as concerns over the increasing number of abductions and extrajudicial actions take centre stage.

In a statement on Tuesday, Nairobi Chargé d’Affaires at the US Embassy Marc Dillard, urged the Kenyan government to put an immediate stop to the abductions of individuals, a practice that has sparked widespread protests and condemnation.

Dillard, while mourning the death of former US President Jimmy Carter, expressed his condolences and reaffirmed Carter’s commitment to human rights and global justice.

“We mourn the loss of a dedicated public servant and global champion of human rights, health, and free elections. President Carter was a steadfast friend of Africa: he was a forceful advocate to end apartheid in South Africa and helped to nearly eradicate Guinea worm disease. Rest in peace, sir,” Dillard said.

He added, “President Carter championed human rights worldwide. In the spirit of his legacy, we join the calls in Kenya for accountability and respect for the rule of law. Abductions must end.”

According to human rights groups, dozens of Kenyans have been abducted in recent months, with many blaming the country’s police and intelligence services for these extrajudicial acts.

The Kenya National Commission on Human Rights (KNCHR) reported 82 abduction cases since June 2024, with 13 occurring in the last three months.

Among the six people reported missing in December are Steve Kavingo Mbisi from Machakos, Billy Wanyiri Mwangi from Embu, and Peter Muteti from Nairobi.

Kenyan authorities have however denied the allegations, stating that the government does not condone or engage in such actions.

Monday protests

On Monday, tensions boiled over as police fired tear gas to disperse demonstrators protesting against the rise in abductions of government critics.

Several protesters were injured and detained during the unrest. KNCHR condemned the police’s violent response, terming the actions as “unnecessary and disproportionate.”

The commission reminded demonstrators and security agencies that the Constitution guarantees the right to peaceful assembly and protest.

“KNCHR condemns in the strongest terms possible the unwarranted violence and force meted out to demonstrators,” the commission said.

It also noted that the protests, which began peacefully in Nairobi and other counties, were disrupted by heavy-handed police tactics, including the use of tear gas and arbitrary arrests.

The commission reported that at least 18 people were injured during the protests, including five who were left unconscious, with others suffering injuries from tear gas canisters, blunt force, or minor cuts.

In Nairobi, 24 individuals were arrested, while Eldoret and Mombasa saw 16 and 13 arrests, respectively. Among those detained were Busia Senator Okiya Omtatah and former presidential candidate Reuben Kigame, who was briefly detained in Eldoret.

On Tuesday, the High Court ruled against a request from the Director of Public Prosecutions (DPP) and the Directorate of Criminal Investigations (DCI) to hold Omtatah and 22 other activists in custody for 14 days. Principal Magistrate Rose Ndombi instead granted their release on a cash bail of Sh1,000 or a bond of Sh50,000 with a surety of the same amount.

The DPP and DCI had sought the extended detention to allow for further investigation into allegations of incitement, creating disturbances, and participating in unlawful protests.

However, Magistrate Ndombi ordered their release noting that the nature of the offences did not warrant detention. Ndombi set January 21, 2025, as the date for the next hearing.