Stop enforced disappearances
Amnesty Kenya has launched a public awareness campaign on enforced disappearances, urging authorities to uphold constitutional safeguards during arrests and detentions while warning that such cases amount to some of the gravest human rights violations.
The organisation says enforced disappearance goes beyond depriving a person of their liberty—it conceals their fate or whereabouts, effectively placing them outside the protection of the law and leaving families in anguish as they search for answers.
Through the campaign, Amnesty Kenya seeks to educate the public on what constitutes an enforced disappearance, the legal protections guaranteed under the Constitution and the State's obligations when arresting or detaining individuals.
"Constitutional obligations go beyond statements," the organisation said, stressing that authorities must ensure accountability and transparency at every stage of an arrest or detention.
According to Amnesty Kenya, an enforced disappearance occurs when a person is deprived of their liberty without consent, government officials are directly or indirectly involved or acquiesce in the act, and authorities refuse to disclose the person's fate or whereabouts.
The organisation noted that these elements distinguish enforced disappearance from a lawful arrest.
"An arrest only becomes lawful when authorities acknowledge the detention, record it officially and disclose where the person is being held," Amnesty Kenya said.
It said the Constitution places clear obligations on the State whenever a person is arrested or detained, including preventing unlawful arrests, keeping official records of every arrest, presenting suspects before a court within 24 hours unless otherwise permitted by law, disclosing the whereabouts of those in custody and investigating cases involving missing persons.
The organisation said these safeguards are intended to ensure that no one is held outside the protection of the law.
Amnesty Kenya further noted that Article 29 of the Constitution guarantees the right to freedom and security, while Article 49 requires arrested persons to be informed of the reason for their arrest, allowed to communicate with an advocate or family members, and presented before a court within 24 hours.
It added that Article 51 guarantees that detained persons continue to enjoy their fundamental rights except those lawfully limited.
Amnesty Kenya warned that enforced disappearance can violate several constitutional rights, including the rights to liberty, a fair trial, freedom from torture and, in the most severe cases, the right to life.
"Enforced disappearance is not just a violation of one right; it is a violation of multiple human rights that places victims outside the protection of the law," the organisation said, adding that safeguarding due process is essential to protecting the rights and dignity of every person.
