KNCHR mounts pressure on NIS officers to end widespread abductions
The commission says the NPS including the Directorate of Criminal Investigations (DCI) and NIS have a duty to produce or explain the whereabouts of all abducted persons.
The Kenya National Commission on Human Rights (KNHCR) has made scathing attacks on police and the National Intelligence Service (NIS) for curtailing Kenyans' freedom of expression through abductions of government dissidents.
In an affidavit filed in the high court, the KNCHR's deputy director for complaints and investigations Kamanda Mucheke says the National Police Service (NPS) together with Inspector General Douglas Kanja and the NIS have also grossly infringed, violated and threatened the right to life and security of the activists.
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The commission says the two institutions together with the Ministry of Interior have continuously violated the right to human dignity, freedom and security of the person for the abducted activists.
"The commission condemns the recent surge of abductions and calls for the respondents (NPS, DCI, NIS, Ministry of Interior) to put to an end this heinous culture and trend which is a gross violation of fundamental rights and freedoms," states Mucheke.
Mucheke says the activities of the said security and surveillance institutions have additionally violated the activists' freedom of movement, freedom from torture, cruel, inhumane or degrading treatment enshrined under Article 25 of the constitution.
The commission says the NPS including the Directorate of Criminal Investigations (DCI) and NIS have a duty to produce or explain the whereabouts of all abducted persons.
"The right to an order of habeas corpus is a non-derogable right as envisaged under Article 25 (d) of the constitution as such the respondents (NPS, NIS, DCI, National Transport and Transport Authority and Ministry of Interior) are duty bound to produce or make known the whereabouts of abducted activists," stated Mucheke.
"The second respondent (NPS) and by extension (Kanja) have a duty to comply with constitutional standards of human rights and fundamental freedoms by virtue of Article 244 (c) of the constitution."
Mucheke says the KNCHR's investigations established that abducted Kenyans who have been released and dumped at different points were being held alongside many others who are yet to be released.
The investigations also established that the released abductees were given varied amounts of Sh2,000-3,500 and dumped at convenient points to return to their respective homes.
Mucheke's affidavits contain annexures of press statements where the commission stated that at least 300 people were abducted in the second half of last year but mainly during the youth-led protest in the push for better governance between June and July last year and subsequent months.
The affidavit was filed in support of the application by the Law Society of Kenya (LSK) and the abducted men seeking their release and an explanation of who has been carrying out abductions of government critics.
"The (activists) were abducted by armed-masked men, blindfolded and handcuffed during their captivity. They were questioned about their criticism towards the government," stated Mucheke.
Other activists, according to the investigations, were moved to different locations during their captivity, some of the activists' hair was shaved, and some were stripped naked for a couple of days and their clothes returned after being washed.
Mucheke says these violations by the agencies warrant the grant of orders sought by the LSK jointly with the abducted activists.
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All the institutions sued in the case have denied responsibility for the abductions. The NIS' lawyer Danstan Omari said the spy agency is a "faceless animal" that should not be involved in the case before the court as it is not involved in security matters raised by the LSK but the averment was rejected.
The NTSA is nominally involved in the suit because of its duty to register motor vehicles and be in a position to share registration details of all motor vehicles, particularly in this case, those used by the abductors.
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