Western embassies urge swift action on arbitrary arrests and disappearances in Kenya

A coalition of Western embassies in Nairobi expressed deep concern over the ongoing issues of arbitrary arrests and enforced disappearances in Kenya.

Kenya's recent election to the United Nations Human Rights Council, a role that the embassies claim carries both responsibility and scrutiny, coincides with the release of the joint statement on October 31, 2024.

"We extend our congratulations to Kenya on its election to the United Nations Human Rights Council," the statement reads. "The Council faces great challenges in promoting and protecting human rights worldwide, and its work is evermore essential."

The ambassadors and high commissioners pledged their support for Kenya as it navigated its new role on the council, emphasising the importance of political will in achieving meaningful change.

Despite this encouraging diplomatic engagement, the embassies voiced serious concerns about the rule of law in Kenya, particularly in light of ongoing reports of human rights violations. The statement highlighted that the country's Constitution and national legislation provide a robust framework for protecting the rights and fundamental freedoms of its citizens. However, the embassies emphasised the importance of upholding the rule of law and the judicial system's rulings.

These concerns come in the wake of High Court rulings that have not been effectively implemented, leading to what the embassies described as a troubling pattern of arbitrary arrests and disappearances. The statement highlighted the need for swift and transparent investigations into these incidents as a demonstration of Kenya's commitment to human rights, particularly now that the country holds a seat on the UN Human Rights Council.

The embassies also referenced President William Ruto's previous assurances that such incidents would not occur under his administration. "We note President Ruto's commitment that such incidents will not happen under his watch and that all individuals involved will be held accountable," the statement affirmed.

The statement comes days after a recent investigative report by the Nation unveiled alarming collusion between Kenyan police and telecommunication firms, revealing that security agencies have been accessing sensitive call data and location records without proper oversight.

The revelation raises serious concerns about the infringement of privacy rights and the potential misuse of mobile phone records in facilitating abductions and extrajudicial killings in the country.

According to the Nation investigation, “Kenya’s security agencies have for years had virtually unfettered access to mobile phone customers’ sensitive call data records, along with location data, helping them to track and capture suspected criminals but also violating innocent users’ right to privacy.” The report highlights a disturbing pattern of abuse that could have dire implications for civil liberties, especially amid reports of heightened violence and human rights violations surrounding the June Gen Z protests.

In the wake of the exposé, U.S. Ambassador to Kenya Meg Whitman publicly condemned the violation of mobile phone users’ privacy rights. "Democracies need to respect privacy laws and the rule of law surrounding the rights of private citizens," she stated in Kitale.

The Kenya Human Rights Commission (KHRC) also weighed in, asserting that the investigation highlighted the complicity of telecommunication companies in enabling and concealing abuses by rogue security agencies. The KHRC emphasised that the findings reveal a troubling alliance that undermines citizens’ trust in both the government and private sectors.

Ambassador Whitman further affirmed the U.S. government's commitment to collaborate with the Kenyan government and civil society to uphold individual rights. “We must take action