Nairobi, Kenya, June 22, 2024 – The Kenyan Section of the International Commission of Jurists (ICJ Kenya) has raised serious concerns over the alleged incommunicado arrests and detentions of individuals involved in recent protests against the Finance Bill and the occupation of Parliament. The body of jurists has issued an urgent caution, emphasizing that such actions constitute gross human rights violations and breaches of both constitutional and international law.
ICJ Kenya’s statement highlights the case of Billy Simani, a well-known content creator known as Crazy Nairobian, who was reportedly arrested, and whose whereabouts are currently unknown to his family, friends, and legal representatives. This development comes in the wake of the tragic death of Rex Masai Kanyike, who was fatally shot during the protests on June 20, 2024. Additionally, there have been numerous reports of unlawful use of force against protesters and journalists, further exacerbating the human rights situation.
In their statement, ICJ Kenya underscored that incommunicado detention—where individuals are held without any communication with the outside world, including lawyers and family members—is a severe violation of human rights. Such practices are not only contrary to the Kenyan Constitution but also violate international laws, including the Convention Against Torture (CAT) and the International Covenant on Civil and Political Rights (ICCPR).
The jurists warned that incommunicado detention could lead to enforced disappearances, where individuals are secretly abducted and detained by the state, often without any legal protections. This secrecy increases the risk of mistreatment, torture, and even murder, as detainees’ whereabouts remain unknown, and there is no oversight or accountability. The potential for extrajudicial killings is heightened in such circumstances, as authorities might resort to extreme measures to cover up acts of torture or other abuses.
ICJ Kenya highlighted that the Constitution of Kenya, particularly Article 25, protects against torture, cruel and inhuman treatment, and guarantees the right to a fair trial. Furthermore, Article 49 mandates that arrested persons must be informed of their arrest reasons and allowed to communicate with an advocate and other necessary individuals. Additionally, detainees must be presented before a court within twenty-four hours of their arrest, or on the next court day if the arrest occurs outside ordinary court hours.
Protas Saende, Chairperson of ICJ Kenya, emphasized the detrimental impact of incommunicado detention on detainees’ mental health. The isolation and uncertainty can lead to severe psychological effects, including anxiety and depression, exacerbating the trauma associated with detention and abuse.
ICJ Kenya has called upon the Director of Criminal Investigations and the Inspector General of the National Police Service to immediately disclose the whereabouts of all arrested individuals and to ensure adherence to due process as mandated by the Kenyan Constitution. The organization also urged the Director of Public Prosecutions (DPP) and judicial officers to remain vigilant against such violations within the criminal justice system.
The urgency of ICJ Kenya’s appeal cannot be overstated, as the protection of human rights and adherence to the rule of law are fundamental to the integrity of Kenya’s democratic society. The recent incidents underscore the need for transparency, accountability, and respect for legal processes to safeguard the rights and well-being of all citizens.
