The Kenyan section of the International Commission of Jurists (ICJ Kenya) Saturday called for the immediate release of content creator Billy Simani, also known as Crazy Nairobian a day after Kenyans took to the streets to peacefully protest the finance bill 2024.
Simani, was arrested under unclear circumstances as his whereabouts remained unknown despite efforts to track him by his family, lawyers and social media users.
ICJ Kenya chairperson Protas Saende said that, incommunicado arrest and detention, where a person is held without communication with the outside world, including lawyers and family members, is a gross violation of human rights and a breach of constitutional and international law.
“This alarming development follows the tragic death by gunfire of Rex Masai Kanyike during the Thursday, June 20, 2024, protests and reports of widespread unlawful use of force against protesters and journalists. Incommunicado detention can lead to enforced disappearances, where individuals are secretly abducted and held by the state,” said Saende.
Simani was detained over claims he abused an undisclosed person. There were reports that he had been released on Saturday afternoon.
Officials said the detained individuals are often denied basic legal protections, and their whereabouts remain unknown, increasing the likelihood of mistreatment, torture, and even murder.
The secrecy surrounding incommunicado arrests can lead to extrajudicial killings, where detainees may be killed to cover up torture or other abuses.
The lack of transparency and accountability facilitates such practices, as there is no public record or oversight of the detainees’ status.
Kenyans have rallied behind their noble efforts reiterating that it is their right to protests further noting that efforts to intimidate them against protesting is an exercise in futility.
“Incommunicado detention undermines detainees’ legal rights, including the right to a fair trial, access to legal representation, and the ability to challenge the legality of their detention. This creates a system where detainees are vulnerable to prolonged or indefinite detention without due process,” ICJ said.
ICJ Kenya has called on the Director of Criminal Investigations and the Inspector General of the National Police Service to immediately reveal the whereabouts of all the persons arrested and abide by all due process requirements enshrined in the constitution.
“We call upon the Director of Public Prosecutions (DPP) and Judicial Officers to also be on the lookout for such violations in the criminal justice chain.”
Since the nationwide protests that are expected to continue next week kicked off, tens of peaceful protesters have been injured and scores arrested amid calls for the respect of human rights.
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