January 2025 issue – amnesty kenya gazette

January 2025 Issue of the Amnesty Gazette


Overview

Welcome to the first edition of this year’s Amnesty Kenya Gazette! We kicked off the year in high gears, relentlessly advocating for the release of abducted youth and accountability for their disappearances, intervening to prevent the refoulement of Tanzanian human rights defender and media owner Maria Sarungi Tsehai, and standing in solidarity with the family of Samantha Penda and other victims of the 2017 post-election violence. We also took a firm stand against state-sanctioned violations of our right to privacy at this year’s Annual Data Privacy Conference. Dive into this issue for more on these critical human rights battles.

In this Issue

  • A Nation’s Fight against Enforced Disappearances and Police Brutality
  • Kenya’s Growing Role in Cross-Border Abductions Raises Alarm
  • Whistleblower Arrested While Seeking Medical Care in Nairobi
  • Safeguarding Data Privacy as a Pillar of Human Rights
  • Justice Delayed is Justice Denied, the Ongoing Baby Pendo Case
  • In Memory of Roseline Odede
  • January 2025 #AmnestyReads

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A Nation’s Fight Against Enforced Disappearances and Police Brutality

As Kenya ushered in the new year, a chilling reality overshadowed the celebrations—the unresolved wave of abductions targeting government critics on social media. Among those forcibly disappeared were Billy Mwangi, Peter Muteti, Bernard Kavuli, Gabriel Supeet, and Ronny Kiplangat, their whereabouts unknown, their families left in anguish. The disappearances bore the hallmarks of state operatives, yet the government remained conspicuously silent, refusing to acknowledge or account for the growing crisis.

In response, Amnesty International Kenya, under the Police Reforms Working Group-Kenya (PRWG-K), condemned the escalating abductions, reminding the state of its obligation to protect all persons from enforced disappearances. Yet, as civil society organisations ramped up pressure, the government’s silence only deepened public mistrust. The impunity reached a breaking point, driving Kenyans to the streets on December 30th in nationwide protests demanding an end to abductions.

From top Left: Naomi, Bill Mwangi, Peter Muteti and Bernard Vavuli
From top Left: Naomi, Bill Mwangi, Peter Muteti and Bernard Vavuli

The protests, though largely peaceful, were met with brute force. In Nairobi, Mombasa, and Eldoret, at least 50 unarmed protesters—including Senator Okiya Omtatah, former presidential aspirant Reuben Kigame, and several human rights defenders—faced teargas, arbitrary arrests, and violent dispersals. Eighteen protesters suffered injuries, including blunt force trauma, tear gas inhalation, and lacerations. Disturbingly, four protesters were reportedly tortured in a Nairobi Central Police Station cell, enduring beatings with batons and rifle butts.

Despite a Malindi High Court ruling barring police from concealing their identities during protests, officers in Kitengela and Nairobi were seen hooded, their vehicle registration numbers taped over or missing entirely. The use of police horses to intimidate protesters was also documented in Nairobi. In response, under the PRWG-K, alongside the Law Society of Kenya, the Kenya Medical Association, and Medics for Kenya issued a joint statement denouncing the police crackdown and demanding the immediate release of all detained protesters.

Beyond the protests, we took the fight to the courts. Amnesty Kenya was enjoined in a legal suit on behalf of the families of the disappeared, compelling the High Court to summon Inspector General (IG) of Police Douglas Kanja over the abductions. Yet, in an alarming display of impunity, both IG Kanja and Directorate of Criminal Investigations (DCI) Boss Mohammed Amin defied multiple court summonses, failing to account for the missing Kenyans. However, sustained public pressure forced a breakthrough—five abducted youth were eventually freed. Their testimonies were harrowing: physical and psychological torture, prolonged confinement in dark rooms while naked, and their hair forcefully shaved by their captors.

Even as we celebrated these releases, we pressed on for the safe return of those still detained. With the support of human rights allies, we ensured that survivors received urgent medical and psychosocial care and accompanied them to record statements with the DCI as mandated by the court.

A grim twist followed. On January 30, 2025, just hours before IG Kanja and DCI Boss Amin finally appeared in court, the bodies of Martin Mwau and Justus Mutumwa—who had been missing since December 16—were discovered at the Nairobi Funeral Home (formerly City Mortuary). Media reports revealed that their bodies had been delivered by officers from Ruai Police Station a day after their abduction, raising troubling questions about the state’s role in their disappearance and murder. Yet, before the court, Kanja and Amin denied any knowledge of the missing person’s whereabouts, a blatant contradiction reinforcing the urgent need for accountability. The fate of the remaining two abducted men, Steven Mbisi and Kalani Mwema, remains unknown.

Amnesty Kenya continues to press the Independent Policing Oversight Authority (IPOA) to investigate these disappearances and extrajudicial killings and bring those responsible to justice. We demand that the DCI, as instructed by the court, conduct an urgent, impartial, and transparent investigation to locate Steven and Kalani and reunite them with their families. Furthermore, we call on the National Police Service to establish a centralised missing persons database—an essential step toward ensuring swift interagency communication and preventing future disappearances.

The statistics paint a grim picture. The Kenya National Commission on Human Rights has documented 63 cases of extrajudicial killings and 89 enforced disappearances, with 29 people still unaccounted for. To date, not a single officer has been held responsible. This crisis of impunity must end.


Kenya’s Growing Role in Cross-Border Abductions Raises Alarm

On Sunday, 12th January 2025, Tanzanian human rights Defender and media owner Maria Sarungi Tsehai was abducted in Nairobi in a targeted attempt to silence her activism. The abduction, widely believed to be Tanzanian government agents operating on Kenyan soil, sent shockwaves across the world.

The moment we learned of Maria’s forceful kidnapping, we raised the alarm on our social media platforms, mobilising partners and amplified demands for her immediate release. Thanks to swift global public pressure, within three hours, Maria was freed and safely reunited with her family. We believe she was targeted for her outspoken criticism of President Samia Suluhu’s administration and that there were plans to return her to Tanzania forcibly.

Mariah Sarungi speaks shortly after she was released by her abductors

Tragically, Maria’s abduction is not an isolated case. It follows a disturbingly consistent pattern of cross-border abductions facilitated—or at the very least, tolerated—by Kenyan authorities. Last year, Ugandan opposition leader Dr Kizza Besigye was kidnapped in Nairobi by Ugandan security operatives and transferred across the border to face trial by a military court. While Ugandan officials openly claimed Kenya assisted in his capture, the Kenyan government has denied involvement.

In an even more chilling case, seven Türkiye refugees were abducted in Kenya in October 2024, and four were forcibly deported to Turkey in a joint Kenya-Turkey operation. These incidents expose a dangerous trend of Kenya increasingly being used as a hunting ground for foreign governments seeking to abduct and illegally extradite individuals in clear violation of international law.

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Kenya: Security services must respect fundamental rights during nationwide protests

Whistleblower Arrested While Seeking Medical Care in Nairobi

In yet another disturbing violation of fundamental rights, 61-year-old patient and whistleblower Grace Njoki Mulei was arrested on 23rd January 2024 while seeking medical attention ahead of a scheduled knee surgery at Ladnan Hospital, Nairobi. Mulei had been among a group of concerned citizens who, just a week earlier, had visited the Ministry of Health to protest inequalities and inefficiencies within the Social Health Authority (SHA).

Individuals identifying themselves as DCI officers stormed the hospital, forcibly removed her from the premises, and detained her. Shockingly, she was denied bail—an outright violation of Article 49(1)(h) of the Constitution of Kenya, which guarantees every arrested person the right “to be released on bond or bail, on reasonable conditions, pending a charge or trial.”

We immediately issued a statement condemning this alarming abuse of power. The arrest of a patient while seeking essential medical care not only violates their fundamental rights but also sets a dangerous precedent that threatens access to healthcare for all. No one—regardless of their activism or opinions—should face intimidation, harassment, or arrest for exercising their constitutional right to protest.

The right to health is enshrined in Kenya’s Constitution, and any actions that undermine this right are wholly unacceptable. We stand in solidarity with Mama Mulei and all those who courageously speak out against injustice, reaffirming that picketing and expressing views on public matters remain constitutional rights that must be upheld.

Safeguarding Data Privacy as a Pillar of Human Rights

We participated in this year’s Annual Data Privacy Conference hosted by the Office of the Data Protection Commissioner in Eldoret, where discussions focused on how organisations- governmental, private sector, or civil society—can take leadership in prioritising privacy in policies and practices, particularly in a climate where threats to privacy are increasingly linked to enforced disappearances and surveillance abuses. As digital technologies continue to shape modern economies, our message at the conference was clear: safeguarding personal data is not merely a regulatory obligation—it is a fundamental pillar of human dignity, individual freedom, and democratic governance.

We raised urgent concerns over how the Kenyan government has weaponised digital systems to violate privacy rights. Cases of electricity tokens and mobile networks being used as surveillance tools to track, monitor, and facilitate the abduction of government critics and human rights defenders underscore a grave threat to civic freedoms. Instead of enhancing security and governance, these digital infrastructures are increasingly being manipulated to erode trust, suppress dissent, and silence voices that challenge authority.

We remain unwavering in our stance that privacy and freedom of expression are inalienable rights that must be fiercely defended. If individuals or entities have concerns about defamation or libel, the proper legal recourse lies within the courts—not through unlawful abductions, intimidation, or state-sponsored surveillance. These actions are not just blatant violations of human rights but are also illegal, unethical, and unacceptable in a democratic society.

As the digital landscape expands, we continue to push for stronger protections, accountability, and transparency in data governance, ensuring that Kenya’s digital future upholds—not undermines—fundamental freedoms.

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Justice Delayed is Justice Denied, the Ongoing Baby Pendo Case

In yet another frustrating development, the Office of the Director of Public Prosecutions (ODPP), has now, for the fourth time, applied to defer plea-taking in the Baby Samantha Pendo case. This time, the ODPP sought an additional 45 days, citing the need to review the investigation file and locate a missing retired police officer, Mohammed Baa.

We strongly opposed this application, emphasising that further delays only deepen the suffering of the victims and their families, who have waited for justice for over seven years. Every postponement prolongs their pain, frustration, and denial of closure, reinforcing the perception that accountability for grave human rights violations remains elusive.

While the court did not grant the full 45-day extension requested by the ODPP, it allowed a further 30 days for the prosecution to either: Present all the accused for plea-taking, or amend the charge sheet to remove the 11th accused person (who remains missing), enabling the remaining 10 accused to take plea without further delay.

We remain steadfast in demanding accountability and will continue to push for swift, fair, and transparent proceedings. Justice for Baby Pendo and other victims of the 2017 post-election violence—and must not—be postponed indefinitely.


In Memory of Roseline Odede

The Amnesty Kenya family—our members, staff, and board—mourns the passing of Roseline Odede with deep sadness. A steadfast advocate for human rights and constitutionalism, Roseline dedicated her life to upholding justice and the rule of law. Since her appointment as Chair of the Kenya National Commission on Human Rights in 2022, she remained a vital ally in the fight for governance grounded in human rights and professional policing.

We honor her unwavering commitment to standing with communities affected by human rights violations, from Yala, Nyalenda, and Nyando to Shakahola and the 2023 national protests against the cost of living crisis. She courageously demanded accountability for victims of police brutality, sought the truth behind the Shakahola massacre, and called for justice in cases of violent protest policing. A compassionate yet resolute leader, she inspired many through her dedication and fearless advocacy.

As we remember her legacy, we find strength in the words of Cynthia McKinney: “We are way more powerful when we turn to each other and not on each other, when we celebrate our diversity… and together tear down the mighty walls of injustice.”

Rest in Power, Roseline. We are grateful for your tireless defense of human rights.

We extend our deepest condolences to her family, colleagues at the Commission, and all who knew and admired her. May they find comfort during this difficult time.


January 2025 #AmnestyReads


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