African Union asks Ruto's administration to end abductions

The African Union, through the African Commission on Human and Peoples' Rights, has urged President William Ruto's administration to put an end to abductions and forced disappearances in Kenya.

In a press release obtained by the Eastleigh Voice, the African Commission on Human and Peoples' Rights, via the Country Rapporteur on Human Rights in Kenya, Commissioner Solomon Ayele Dersso, expressed deep concern over the persistent cases of abductions and enforced disappearances.

The Chairperson of the Working Group on the Death Penalty, Extrajudicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, Idrissa Sow, has also voiced concern over the situation.

"The Commission has learned from reports that as many as 29 individuals have been abducted and are feared to have disappeared since June 2024, triggering alarm among Kenyans over these distressing trends and their chilling effects," the Commission noted.

The continental body clarified that, at this stage, it is not making any conclusive judgements but reminded Ruto's government that enforced disappearances constitute a violation 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 same Charter.

"The African Commission emphasises that States Parties to the African Charter have obligations under Articles 4 and 5 to ensure that their agencies do not engage in abductions and resultant disappearances and to protect every individual in their jurisdiction from such acts by other state or non-state actors," the Commission stated.

The Commission also highlighted that under Article 7 of the African Charter, every individual has the right to a fair trial and due process of law. This obliges States Parties to ensure that individuals detained for alleged breaches of the law are brought before a court and guaranteed access to legal representation and contact with their families.

The Commission called for the government to launch immediate, thorough, transparent, and impartial investigations into all reported cases of abductions and enforced disappearances to ensure accountability.

"Perpetrators must be identified and held accountable under Kenyan and international law to deter future violations," the Commission stated.

Additionally, they urged the strengthening of institutional safeguards, the protection of victims and their families, and the assurance of adherence to due process.

"Following the arrest or detention of any person, it is essential to inform families and the public promptly about the arrest and detention and to ensure that the arrested or detained individuals are brought before a court of law without delay," the statement added.

Monday arrests

This development comes as dozens of protesters were arrested on Monday and charged in court on Tuesday during nationwide clashes between police and demonstrators, fuelled by outrage over a spate of alleged abductions of government critics.

Anti-abduction protests took place on Monday, with police deploying tear gas to disperse crowds in Nairobi. According to the Kenya National Commission on Human Rights (KNCHR), at least 53 unarmed protesters were arrested nationwide during the day.

Busia Senator Okiya Omtatah and Reuben Kigame, a former presidential candidate, were among those detained on Monday.

Amid growing pressure to secure the release of abducted individuals, the High Court has ordered the immediate release of six people, including Gideon Kibet and Bernard Kavuli, who were reportedly abducted by state authorities.

Justice Bahati Mwamuyé issued the orders and barred their prosecution pending the outcome of a related case filed by the Law Society of Kenya (LSK).

The court's ruling followed a certificate of urgency submitted by petitioners who alleged unlawful detention by the police and other security agencies.