A collective body of jurists has expressed deep concern over reports that some Kenyans, arrested during the OccupyParliament and RejectFinanceBill protests, are being held incommunicado.
The International Commission of Jurists (ICJ) Kenya chapter has highlighted that incommunicado detention—where individuals are held without communication with the outside world, including access to lawyers and family members—constitutes a gross violation of human rights and breaches both constitutional and international law.
ICJ Kenya has received reports indicating that content creator Billy Simani, known as Crazy Nairobian, was arrested, and his current whereabouts remain unknown to his family, friends, and legal representatives. This alarming development follows the tragic shooting death of Rex Masai Kanyike during the June 20 protests and reports of widespread unlawful use of force against protesters and journalists.
The ICJ warns that incommunicado detention can lead to enforced disappearances, where individuals are secretly abducted and held by the state, often without basic legal protections. This lack of transparency significantly increases the risk of mistreatment, torture, and even extrajudicial killings to cover up abuses. The ICJ emphasizes that such practices undermine detainees’ legal rights, including the right to a fair trial and access to legal representation.
The Kenyan Constitution, under Article 25, guarantees rights that cannot be limited, including freedom from torture and the right to a fair trial. Article 49 mandates that arrested individuals must be informed of the reasons for their arrest and allowed to communicate with an advocate and other necessary persons. Additionally, they must be presented before a court within 24 hours of arrest.
ICJ Kenya calls upon the Director of Criminal Investigations and the Inspector General of the National Police Service to immediately disclose the whereabouts of all individuals arrested and ensure compliance with due process as mandated by the Constitution. The organization also urges the Director of Public Prosecutions (DPP) and Judicial Officers to vigilantly monitor and address such violations within the criminal justice system.
This urgent call underscores the critical need for transparency and accountability to uphold the rule of law and protect human rights in Kenya.
