Judiciary Urges Security Agencies To Uphold Law Amid Abduction Surge

The Judiciary has expressed concern over increasing abductions across the country, urging security agencies to act within the law.

In an update issued on December 26, 2024, the Judiciary condemned the abductions as unlawful and a violation of citizens’ rights.

“The Judiciary has taken note of recent reports of resurfaced abductions. Kenya is a constitutional democracy, where the rule of law stands as a foundational value and guiding principle of our governance,” read a statement shared on X.

It further emphasized the need for security agencies to safeguard fundamental rights and freedoms.

The Inspector General of Police, Douglas Kanja, has denied police involvement in the abductions, which have sparked national concern.

Kanja assured the public that the National Police Service (NPS) is not holding any of the missing persons.

“For avoidance of doubt, the National Police Service is not involved in any abduction, and there is no police station in the country holding the reported abductees,” Kanja stated.

He also urged the public to refrain from spreading unverified allegations against the police.

The Independent Policing Oversight Authority (IPOA) has launched investigations into the abductions reported in Nairobi, Embu, and Kajiado counties. IPOA Chairperson Ahmed Issack described the incidents as alarming and a threat to public trust in law enforcement.

“In line with our mandate under Section 6(a) of the IPOA Act, we have deployed Rapid Response Teams to gather evidence and establish the circumstances surrounding these incidents,” Issack said, promising to recommend appropriate action if police complicity is established.

Civil society organizations and human rights groups have decried the abductions, calling for accountability. The Police Reforms Working Group Kenya (PRWG-K) reminded the government of its constitutional obligation to protect citizens’ personal freedom and security as outlined in Article 29 of the Constitution.

“We urge the government to ensure that any arrest or detention adheres to the rule of law, including presenting suspects in court within 24 hours or granting bail as stipulated in Article 49 of the Constitution,” PRWG-K stated.

The Law Society of Kenya (LSK) echoed these sentiments, demanding the immediate release of the missing individuals or their presentation in court. LSK President highlighted the troubling trend of forced disappearances, urging law enforcement to abandon such practices.

Observers warn that failure to address these cases could embolden further human rights violations, eroding public confidence in the rule of law.