INTERNATIONAL DAY OF THE VICTIMS OF ENFORCED DISAPPEARANCES: KENYA MUST TURN PRESIDENTIAL PROMISES INTO JUSTICE 

Nairobi, 30 August 2026: On the International Day of the Victims of Enforced Disappearances, Amnesty International Kenya calls on the Government of Kenya to move beyond acknowledgment and promises and take concrete action to end enforced disappearances, establish the truth about those who have disappeared, hold perpetrators accountable and provide effective reparations to victims and their families.

The call comes days after President William Ruto, speaking during the commemoration of the 16th anniversary of the Constitution of Kenya, acknowledged the pain left by past violations and stated that no Kenyan should lose their life, liberty or dignity for criticising the government, expressing an unpopular opinion or participating in a peaceful demonstration.

Amnesty International Kenya welcomes this acknowledgment. But words must now be matched with action. The Constitution is clear: human rights are not privileges granted by those in power. They are rights guaranteed to every person. Article 29 protects every person from arbitrary deprivation of freedom, torture and cruel, inhuman or degrading treatment. Article 49 guarantees the rights of arrested persons, while Article 238 requires national security to be exercised in accordance with the Constitution and the law.

According to data from the Missing Voices Coalition, six cases of enforced disappearance were documented in Kenya in 2025, alongside 125 cases of police killings. While the number of documented enforced disappearances declined from the previous year, the persistence of such cases remains deeply concerning, as 19 cases of enforced disappearance and 69 police killings have been recorded in 2026 so far.

On 15 June 2026, at State House Nairobi, the Kenya National Commission on Human Rights presented its national reparations framework and report, which included 35 verified cases of enforced disappearance alongside other human rights violations linked to recent security operations and protests. Amnesty International Kenya has raised concern that victims of enforced disappearance have yet to receive the reparations they are entitled to, despite the State having established a process to compensate victims of violations arising from the protests.

These are not merely statistics. Behind every number is a person whose liberty was taken away, a family left searching for answers, and a community forced to confront the consequences of impunity.

President Ruto’s declaration that no Kenyan should lose their liberty or dignity for expressing an opinion or participating in peaceful protest is consistent with the Constitution’s protection of freedom of expression, assembly and association. But these rights cannot be protected through statements alone. The true test of the State’s commitment to constitutionalism is what happens when those rights are exercised by people who criticise the government, challenge those in power or demand accountability.

Kenya’s experience since 2024 has demonstrated the dangers of allowing security agencies to operate without effective accountability. Enforced disappearances, arbitrary arrests and excessive use of force have a chilling effect on civic participation and undermine the constitutional order.

The State has an obligation to ensure that security agencies protect people, rather than become a source of fear.

Amnesty International Kenya calls on the Government of Kenya to:

  • Ensure that every allegation of enforced disappearance is promptly, independently, impartially, thoroughly and transparently investigated, including all cases documented during the 2024 protests and thereafter.
  • Disclose the fate and whereabouts of every person subjected to enforced disappearance and ensure that those still unlawfully detained are immediately released or brought promptly before an independent and impartial court.
  • Ensure that victims and their families have access to truth, justice and effective remedies, including full and effective reparations for the harm suffered.
  • Ensure that all persons suspected of criminal responsibility for enforced disappearances are investigated and, where there is sufficient admissible evidence, prosecuted in fair trials, irrespective of rank, position or affiliation.
  • Establish effective command and individual accountability within the security agencies so that responsibility does not end with junior officers while those who authorised, ordered, facilitated or concealed violations escape scrutiny.
  • Ensure that the Independent Policing Oversight Authority (IPOA), the Internal Affairs Unit and other oversight institutions have the independence, resources and institutional support necessary to investigate allegations of police abuse effectively.
  • Ratify and domesticate the International Convention for the Protection of All Persons from Enforced Disappearance and recognise the competence of the UN Committee on Enforced Disappearances to receive and consider individual complaints.
  • Ensure that victims of enforced disappearance are not excluded from reparations processes, and that families are not forced to repeatedly relive their trauma in their pursuit of justice.
  • Protect human rights defenders, lawyers, journalists, witnesses, survivors and families of victims from intimidation, harassment and reprisals when they seek truth and accountability.

The Government must also ensure that the commitment to investigate violations is not selective. Accountability must apply to violations committed by state and non-state actors alike and must be grounded in due process, independence and the rule of law.

As Kenya approaches the 2027 General Election, the lessons of the past must inform the present. The State must guarantee that political dissent, peaceful protest and criticism of government are not met with arbitrary arrests, enforced disappearance, torture or excessive use of force.

Kenya’s Constitution promised a society founded on human dignity, human rights, social justice and the rule of law. Sixteen years on, that promise must extend to every Kenyan — including those who criticise those in power, those who protest, and those whose loved ones have disappeared.

No one should disappear for exercising their rights. No family should be left without answers. No perpetrator should enjoy impunity.

Signed

George Morara,

Executive Director, Amnesty International Kenya.

For more information and interviews, contact 

Mathias T. Kinyoda Mobile: +254786725434 | Email: [email protected]