The true face of extrajudicial killings and enforced disappearances: Building a new hope for Kenya

Life is the essence of human existence, fragile but desired by all.[1] In a civilized and well informed society, respect for life is importantly appreciated.[2] Such respect is a mark of decency, so that any form or arbitrariness, rascality or threat towards human life is not only frowned upon, but condemned and deemed dishonorable to nature as well.[3] Anywhere in the world, the right to life is one right that is not compromised. It is fundamental and pivotal to other rights, so that without its protection all other rights become illusory.

All Kenyans have the right to life. This is constitutionally guaranteed and the circumstances under which this right can be trammeled are also very clear.[4] If these very clear delineations were to be followed, we would avoid the shock, exposure and outrage from pictures taken by an eyewitness’ camera of police brutality against Kenyans. For quite some time now, some Kenyan citizens have suffered gross abuse though acts of extrajudicial killings and enforced disappearances by law enforcement agents. This has particularly been common in the previous government regime as the ensuing analysis will show.

The United Nations Office of the High Commissioner for Human Rights established a working definition of extrajudicial, summary or arbitrary executions in the following terms: “Deprivation of life without full judicial or legal process, and with the involvement, complicity, tolerance or acquiescence of the government or its agents; includes death through the excessive use of force by police or security forces.”[5]

Extrajudicial killings and enforced disappearances have been deeply rooted since the formation of human society and it is so old that the origin of this activity cannot be found but it is present everywhere in Kenya though many cases still go unreported in Kenya. Under international law, extrajudicial killings are both a serious violation of human rights as well as criminal offence.[6] The prohibition on extrajudicial killing is a jus cogens norm.[7]

The enforced disappearance of people is one of the most odious violations of human rights.[8] Its practice causes profound suffering to the family members, relatives and friends of the disappeared: the never ending with for their return and total uncertainty of what really happened to them constantly traumatizes them.[9] Since the first international pronouncements, enforced disappearance has been characterized as the deprivation of a person’s liberty by State authorities followed by the absence of or refusal to give information on the fate and whereabouts of that person or the refusal to acknowledge that deprivation of freedom.[10]

We have never gotten the answers as to why police choose to kill instead of arresting the suspects and investigating the case. Maybe the government fears that if the poor are pushed to the wall, they will come together to get justice and a life of dignity. Rather than using the right procedures to fight crime, Kenya’s war against crime frequently takes the form of an assault against civilians who are arbitrarily detained, tortured, or even killed within its framework. Kenya police have become a comprehensive horror to the Kenyan people with little or no regard for life. These hallmarks of atrocities against Kenyans have been present in the actions of state and non-state actors in Kenya. As the ensuing analysis will show, there is credible information pointing to numerous violations of human rights by the government particularly in the previous administration. While this analysis does not question the merits or wisdom of Kenya’s laws and policies to combat crime or the government’s right and obligation to protect its citizens, it does scrutinize the lawfulness of how these laws and policies have been implemented. For a situation so egregiously painful, flagrant and pervasive, there has been a stunning lack of answers to key questions. What is the overall extent of the extrajudicial killings and enforced disappearances that have gripped Kenyan society, and how much accountability has there been in response? What are the patterns of human rights violations committed by State actors? And why has Kenya’s justice system provided so little justice to victims, and held so few perpetrators to account? These questions are explored in detail in the ensuing Chapters. They are questions that must be answered if Kenya is to reckon with its past and set new course for the future.

This paper thus examines Kenya’s public security policies from human rights perspective and presents an overview of some of the human rights violations that characterises Kenya’s security operations today. It has also offered insights to the extent of lives that have been wasted and advocates for a check on the excesses of security personnel on the aspect of extrajudicial killings and enforced disappearances. The findings and recommendations will thus seek to address the lacuna that extrajudicial killings and enforced disappearances have on Kenya’s criminal justice process.

Legal and institutional framework proscribing extra-judicial killings and enforced disappearances in Kenya.

The right not to be arbitrarily deprived of life is enshrined universally.[11] Clearly, this right is a fundamental and touchstone for the exercise of all other rights. The fundamental nature of this right has been widely reiterated by International jurisprudence. The Human Rights committee has further held that the right not to be arbitrarily deprived of life “is the Supreme Law of human beings. It follows that the deprivation of life by State authorities is a very serious matter.[12] International Law thus regulates the principles, criteria, circumstances and conditions in which a person may be legitimately, and not arbitrarily deprived of their right to life.[13] Likewise, they also prescribe that “governments shall ensure that persons identified by the investigation as having participated in extrajudicial execution in any territory under their jurisdiction are brought to justice. Governments shall either bring such persons to justice or cooperate to extradite any such person to other countries wishing to exercise jurisdiction. This principle shall apply irrespective of who and where the perpetrators or the victims are, their nationalities or where the offence was committed. 

In this line of thought, here in Kenya, Article 26 of the Constitution of Kenya guarantees every Kenyan the right to life and specifically states that: “A person shall not be derived of life intentionally”.[14] In addition, Article 29 provides for the freedom and security of every person which includes the right not to be subjected to torture, or treated or punished in a cruel, inhumane, or degrading manner. Article 48 further requires the State to ensure access to justice for all persons, while Article 49 sets out the rights of arrested persons. Article 50 grants every person the right to a fair hearing including the right to be presumed innocent until the contrary is proved. Article 51 further sets out the rights of persons detained; held in custody or imprisoned.

In addition, the Parliament has enacted several legislations to address extrajudicial killings and enforced disappearances: These include:

(a) Independent Police Oversight Authority Act (IPOA Act), 2011 which provides for civilian oversight of the work of the NPS officers.

(b) The Prevention of Torture Act, 2016: which provides for the prevention and prohibition of acts of torture and cruel inhuman or degrading treatment and reparations to victims of torture and cruel, inhumane or degrading treatment or punishment.

(c) The Witness Protection Act which provides for the protection of witnesses in criminal cases and other proceedings.

(d) The Penal Code: which establishes a code of criminal law

(v) Persons Deprived of Liberty Act: 2014: which provides for the rights of persons deprived of liberty.

(vi) The National Coroner’s Service Act, 2017: which provides for Investigation of reportable deaths. 

(vii) The Victims Protection Act , 2014 which provides for protection of victims of crime and abuse of power and to provide them with better information and support services and also to provide for reparations and compensation to victims.

Regarding the institutional framework, Kenya has put in place several institutions to protect, fulfill and uphold human rights related to extrajudicial killings and enforced disappearances. These include:

(a) The Kenya National Commission of Human Rights: which is established under Article 59 of the Constitution of Kenya. It is responsible for the promotion of respect and protection of human rights and monitoring investigations and reporting on the observance of human rights.

(b) IPOA with the responsibility to provide civilian oversight over the work of the National Police Service.

(c) The Judiciary established under Chapter 10 of the Constitution of Kenya which responsible for the determination of disputes.

(d) The Witness Protection Agency: established under the Witness Protection Act and responsible for giving Special protection to persons in possession of important information and who are facing potential risks or intimidation due to their cooperation with the Prosecution and other law enforcement agencies.

(e) The Office of the Director of Public Prosecution established under Article 157 of the Constitution of Kenya and is responsible for the prosecution in the Country.

(f) The National Police Service established under Article 244 of the constitution of Kenya. Its functions include striving for the highest standards of professionalism and discipline among its members; complying with constitutional standards on human rights and fundamental freedom; and fostering and promoting relationships with the broader society.

Entrenched impunity and the illegal  extension of law enforcement jurisdiction in Kenya: A true face of the crisis

Despite the provisions and institutions analysed above, the prevalence of extrajudicial killings and enforced disappearances in recent times has taken an upward swing in Kenya. Police killings and enforced disappearances are systematic in Kenya and have been since the late 1990s. According to the available data, extrajudicial killings and enforced disappearances since 2013 remain and elevated levels. Police killings of citizens are shockingly commonplace in Kenya. Those who bear the brunt are mostly poor, young and male suspects of crime or terrorism. Since 2017, 1,264 cases of executions and 237 enforced disappearances have been documented by the Police Reform Working Group in Kenya, a civil justice advocacy group.[15]

Furthermore, by all indications, including the government’s own most optimistic assessment, there has been very little accountability for killings and almost none at all for extrajudicial killings and enforced disappearances. On 16th December 2022, Inspector General of Police, Eng. Japhet Koome, gave police officers a shoot-to-kill order against suspected criminals. This follows even after a series of reported and unreported extrajudicial killings in Kenya. Reports have shown a widespread disregard for human rights in the police force. Over the years, Kenyans have lost confidence in the police to enforce genuine security. Also, on 11th November 2022, the Inspector General of Police acknowledge that 98% of Police are good while the remaining 2% need to be rehabilitated with the support of institutions such as IPOA. A vast majority of Kenyans fear crossing the path of the police even in the name of vindicating their own inviolable rights The violations of the right not to be arbitrarily deprived of life covers a vast array of phenomena and practices. For example, the following can be considered to amount to a violation of the right to life: the imposition of the death penalty in conditions prohibited by international law; the death of persons deprived of their liberty as a result of excessive use of force and/or detention conditions that violate the personal integrity of detainees; deaths as a result of excessive use and/or unlawful use of lethal force by law enforcement officials; deaths resulting from attacks by State security forces, paramilitary groups, death squads or other groups of individual acting with the authorization or acquiescence of the State and more.[16]

A key factor greasing the wheels for human rights abuses is Kenya’s environment of entrenched impunity for human rights violations. Kenya has not held accountable most of these perpetrators. The absence of such accountability has set the stage for continued impunity for violations today. The basis of impunity may lie in the legislation which exempts perpetrators of human rights violations from prosecution. In other cases, impunity exists in practice despite the existence of legal provisions for the prosecution of human rights violations.[17]

This part seeks to illustrate the extrajudicial killings and enforced disappearances and accountability ( or lack thereof) for them in the last few years. It does so by exploring the best available data on the scale of extrajudicial killings and enforced disappearances. However, determining the scale of human rights violations and accountability is no easy task despite the existence of relevant institutions tasked with the production of such data. The quality and reliability of government data vary greatly across government institutions, as does the accessibility of data. Despite Kenya having one of the most progressive laws on access to information in the world, the ineffective government efforts to collect and produce authentic data on extrajudicial killings and enforced disappearances makes any attempt to understand the scope of the crisis difficult, and in some respects impossible. Some of the illustrative examples of specific human rights violations by the law enforcement in the past few years particularly under the previous administration include:

The murders of Zulfiqar Ahmed Khan, Mohamed Said Sami Kidwai and Nicodemus Mwaria; it is alleged that police officers who were members of a now-disbanded Special Service Unit murdered the three where two of them were Indian nationals who advised Ruto’s election campaign. At least 9 police officers of the disbanded Special Service Unit face charges in relation to these murders.

Arshid Shariff, a Pakistan investigative journalist, who was killed by the police on account of “mistaken identity” is yet another example of extrajudicial execution. Investigations are still underway for this particular murder.

On August 1, 2020, police in Kianjakoma town, Embu County, Eastern Kenya, detained two brothers: Emmanuel Marura Ndwiiga aged 19; and Benson Njiru Ndwiga of 22, for violating the 10 pm to 4 am curfew. Relatives found their bodies at a local morgue 3 days later. The officers who arrested the duo claimed they fell from the moving police vehicle, but an autopsy found that the head and rib injuries found on their bodies were inconsistent with the alleged fall. These findings triggered public protest which the police violently suppressed, killing one person. On August 15, the same year, the Director of Public Prosecution, Noordin Haji charged six police officers with the killings of the two brothers.

Over in Nairobi’s poor neighborhoods, it’s business as usual. Social justice activists document a rising number of cases of dead bodies with clear signs of torture. There are no direct witness accounts to verify police involvement in each case but there is reasonable suspicion. This suspicion is derived in part from the fact that several of the deceased were on police “death lists”. Death lists, according to social justice activists, are names and pictures circulated by police and their paid-informers. These lists of crime suspects are mostly circulated on WhatsApp groups and sometimes even on Facebook. Many are killed after ending up on the lists.[18]

Extrajudicial killings and enforced disappearances by police during the enforcement of COVID-19 containment measures have remained largely unaddressed. The two main police accountability institutions, the IPOA and Police Internal Affairs Unit have been unable for various reasons including lack of political will, to promptly investigate and prosecute incidents of Police killings. IPOA started its work in 2012 and 10 years later, has managed less than 20 successful prosecutions for various offenses, mostly for murder, despite commencing investigations into more than 500 new incidents each year. Investigations are rare unless there is overwhelming public outrage stoked by the media, or the victim is well-known or well-connected. That might explain why justice was won for Lawyer Willie Kimani, his client and their driver following their abduction and execution by the Police in 2016, while thousands of other complaints are unattended. 

Recommendations: Building fresh hope for Kenya

Presumption of innocence is a universally accepted legal maxim, which denotes that any person remains innocent until his/her culpability is proven. The term audi alteram partem, which says that “both sides must be heard” forms the basis of protecting the accused when they are under trial.[19] Every person has a right to be heard and every accused shall be given a fair trial before a competent court. But if the accused is killed before facing a fair trial, then, it would mean the mockery of the due process of law and infringement of fundamental rights which are given to the accused by the Kenyan Constitution.[20]  The very purpose of the judicial administration is to disseminate or dispense justice in all matters that appear before the court. Therefore, no one should be penalized or killed without awarding reasonable opportunities to defend oneself. Any breach of this rule will bring about a miscarriage of justice. The right to life is not only a natural right, but it is also as well legally guaranteed.

The new regime has raised hopes that there might be accountability for atrocities committed by the law enforcement. His Excellency President William Ruto’s administration has showed greater willingness to subject Kenya to thorough scrutiny on human rights. On 3rd October, 2022, he proclaimed himself and his administration to end extrajudicial deaths occurring as a result of rogue police officers. Barely a month into office, President William Ruto of Kenya ordered the disbandment of the Special Police Unit at the centre of widening investigations into a wave of extrajudicial killings and enforced disappearances. The Special Service Unit was created in 1999 and was previously known as Special Crime Prevention Unit before it adopted the new name in 2019 when former Director of Criminal Investigations boss, George Kinoti was at the helm. Some of crimes that the unit was tasked to combat include cases of illegal trafficking of firearms and/or ammunition; trafficking of narcotic drugs; violent robberies; cases of stealing of goods in transit; and illegal human trafficking.  The Special Service Unit is not the only culprit. It is the third Special Squad under the Directorate of Criminal Investigations to be disbanded under a cloud in the last 13 years. Other security and policing agencies implicated in extrajudicial killings and enforced disappearances include the Armed Forest and Game Park Ranger Units, the Kenya Defence Forces and the Anti-Terrorism Police Unit.[21]

Amidst the menace of extrajudicial killings and enforced disappearances, the right to life, liberty and fair hearings are fundamental rights that no one should be deprived intentionally. In light of the above analysis, the following are examples of the current and proposed reforms Kenya ought to implement:[22]

(a) Police Reforms: Police Investigations of murder are generally inadequate due in large part as to resource, training and capacity constraints. Investigations are particularly poor when the police themselves are implicated in a murder.[23] There are at least six primary factors which account for the frequency with which police can kill at will in Kenya: official sanctioned targeted killings of suspected criminals; a dysfunctional criminal justice system incentivizes Police to counter crime by killing suspected criminals, rather than arresting them; internal and external police accountability mechanisms are practically non-existent-there is little check on alleged police abuses; use of force laws are contradictory and overly permissive; witnesses to abuse are often intimidated and fear reporting or testifying; and the police force lacks sufficient training, discipline and professionalism.[24] Deep reforms are thus needed to policing in Kenya if police abuses are to be curtailed. There needs to be a focus on police selection, accountability and training in Kenya.

(b) Prosecution Accountability: accountability for prosecution’s decision not to prosecute can be enhanced by requiring prosecutors to provide written justification for not investigating or prosecuting a case. These reasons should further be subjected to judicial review and/or public oversight for their justifiability.

(c) Parliament: the Legislative branch can give prosecutors the substantive and procedural tools they need to investigate and prosecute human rights violations by law enforcement and create more structures that enhance prosecutorial accountability. Kenya also signed the International Convention for the Protection of all Persons from Enforced Disappearances in the year 2007, but has not ratified it. Parliament should therefore ratify it to align the existing legal frameworks on enforced disappearance with international human rights standards. Also, the National Coroners Service Act and Prevention of Torture Act ought to be operationalized and regulations thereon published by the Legislature.

 (d) Civil society: Public Benefits Act (PBO) of 2013 was enacted to strike a balance between enablement and regulation in the civil society sector. More importantly, the Act imposes an obligation on the government to respect freedom of association and assembly and to provide an enabling environment in which PBOs can be established and perform their functions. The government is also enjoined to involve PBOs in policy decision-making on issues affecting them, particularly at the local level. Civil society organisations formed under the PBO Act have played an important role in pressing the Kenyan government to effectively investigate and prosecute extrajudicial killings and enforced disappearances and other atrocious crimes committed by the police on Kenyans. Their work include: documenting crimes; conducting research; representing victims; analysing patterns of crime and justice system performance; conducting various forms of public and private advocacy on specific cases and broader issues of policy reforms; and providing technical assistance to authorities to devise, implement and monitor relevant reforms. Examples of civil society organizations include: Police Reform Working Group, Mathare Social Justice Centre, which has been documenting these State-sanctioned murders in Mathari, Kayole Community Justice Centre, Katiba Insitute, The Defenders Coalition for Human Rights and many more. The new administration should therefore implement the PBO Act to enable the formation of more civil society organisations to fight against extrajudicial killings and enforced disappearance.

 (e) Oversight Authority: Article 239(5) of the Constitution of Kenya determines that all national security organs are subordinate of civilian authority. Arising from this, the independent Policing Oversight Authority (IPOA) was established in 2011, to give effect to the provisions of Article 244 of the Constitution of Kenya which requires the Police to strive for professionalism and discipline and to promote and practice transparency and accountability to the public in the performance of their functions. This came about after a period of unchecked police excesses. The Authority has a duty to investigate any death or serious injuries, including death or serious injury while in police custody, which are the result of Police action or were caused by members of the service while on duty. The National Police Service should meaningfully cooperate with IPOA in addressing the violation of human rights relating to extrajudicial killings and enforced disappearances. It should notify IPOA of deaths and serious injuries occurring in police custody and providing access to police premises and documents. IPOA should thereafter investigate such matters and should also be accorded enough resources and staff.

Holding the Police Service accountable is not fault-finding or witch hunt but it simply seeks to answer: what happened? Why did it happen? Was it avoidable? Can we prevent it in future? And finally, was there I’ll motive?  These questions are well captured in Section 24 of the IPOA Act. In subsection 7, it provides; “The Authority shall during an investigation consider the: circumstances which if present during the incident under investigation, impede the effectiveness of policing;; and unlawful action, if any, taken by the complainant, the victim or any other person present during the incident under investigation. In accordance with international law, such investigations must have the following characteristics:

(a) Prompt investigation without delays: Investigations should be undertaken promptly and without delay. Therefore, as soon as a complaint of enforced disappearance or extrajudicial execution has been made, or indeed, even in the absence of the same, once the authorities are aware of the facts or have reasonable grounds to believe that the events occurred they must undertake the respective investigations immediately.[25]

(b) Thorough and effective investigations: Investigations must be thorough and effective, in other words, they must take all necessary measures in order to establish the conditions and circumstances under which the crime was committed, including its cover-up, and the identity, degree of involvement and motivation of all those who are implicated in the events.

(c) Due diligence and good faith: The obligation to investigate must be fulfilled in good faith and with due diligence, and the intention of the investigation must be to prevent impunity. Due diligence means that the investigations must be undertaken using all available legal means and taking into account all the facts, the complexity of the crimes, the contexts in which they were committed and various participants in the crimes.

(d) Impartial and independent investigations: International standards require that investigation into enforced disappearances and extrajudicial killings be independent and impartial. These elements are fundamental and involve the obligation of the state to adapt its system and procedures to ensure that the investigations are independent and impartial.[26]

(e) Framework and adequate legal powers for investigations: in order for investigations to be effective and fulfill their purpose, the officials in charge of them should be vested with the powers necessary to charge them should be vested with the powers necessary to carry them out, to obtain all of the information including having access to places and documents subject to legal privilege or restrictions/ confidentiality on the ground of national security restrictions, and to compel the attendance of a witness and possible perpetrators and accomplices. This implies that the States must adopt a legal framework enabling authorities to exercise their investigations.[27] 

(f) Duty to investigate ex officio: investigations into enforced disappearances and extrajudicial killings should be initiated ex officio, regardless of whether or not there is a formal complaint. This obligation is founded on the nature of serious human rights violations. This also means that authorities are required to investigate, at their own initiative, in order to clarify the facts and circumstances surrounding the acts and identify those responsible.[28]

(g) Safety and protection of victims, their families and those involved in investigation:  During the investigations, the authorities must take measures to protect those who are involved in investigations from any act or threat of violence, intimidation, abuse and reprisals.  This includes complainants, victims, relatives of the victims, the victim lawyers, witnesses and any other relevant people such as experts and specialists.[29]

(h) Sanction for those who hinder investigations: several intervention norms and standards stipulate that the State has the obligation to punish those who hinder investigations.

Such measures would in turn increase public trust in police, as would the existence of effective police oversight mechanisms and recruitment and training of a better-paid and better-educated police force. In short, as photos and headlines continue to bring news of Kenya’s egregious war on crime to the international community, it is increasingly crucial to recall that reducing criminal violence is a goal that neither justifies nor evidently advanced by unleashing a systematic war on Kenyans’ human rights.


Extrajudicial killings and enforced disappearances are never solutions to check criminality. It abuses the right to life, liberty, fair hearing and due process of law. Today, despite all the killings, criminality abounds. That means that crimes have to be dealt with, according to the dictates of the law creating them in line with rule of law. As Kenya seeks to reverse the dramatic rise of criminal activities across the country, it is imperative to reorient the criminal justice system to incorporate the positive aspect of recent legal reforms, while taking decisive action to eliminate policies and practices that violate human rights.  If Kenya is to address this crisis and the continued suffering of its people, it must take a series of concrete, far-reaching steps recommended and discussed above. When implemented, these measures will go a long way toward ending the crimes against humanity currently wracking Kenya such as extrajudicial killings and enforced disappearances. Without these changes, the crisis of extrajudicial killings, enforced disappearances and impunity will only continue. It is much more unlawful for a police officer or anyone to kill the very citizens or a person he has a duty to protect.

Dexter Adaki is a Finalist at JKUAT-KAREN Law Campus. He has expressed interest in Public International Law, Administrative Law, Intellectual Property Law, Company Law, Tax Law and Environmental Law. He can be reached at

Dempster Nicole is a second year law student at Catholic University of East Africa. She has expressed interest in Contract Law, Company Law, Tax Law and Human Rights Law. Can be reached at

[1] Ogori Victoria Binaebi, Extrajudicial Killing and Criminal Justice Progress in Nigeria: A Critique, PG/13/14/229375 December 2017.

[2] Ibid.

[3] Ibid.

[4] Constitution of Kenya, Article 26.

[5] Human Rights and Law Enforcement, A Manual For Human Rights Training for the Police, PROFESSIONAL Training Series No. 5/Ad. 2, 2004, Index P/PT/5/Add.2 p.15.

[6] See Sixth Congress of the UN on Prevention of Crime and the Treatment of Offenders (1980), resolution No.5 Concerning Extrajudicial Executions para 2 and 5, A/CONF.87/14/Rev.1 (1981).

[7] Ibid.

[8] Federico Andreu-Guzman, Enforced Disappearances and Extrajudicial Execution: Investigation, Practitioners Guide No. 9, 2015.

[9] Ibid.

[10] See, for example: Resolution No. 33/173, Disappeared Persons, of the General Assembly of the UN, 20 December 1978, paras 2, and 3 of the Considerations.

[11] See Universal Declaration of Human Rights-Article 3; International Covenant on Civil and Political Rights-Article 6; Convention on the Rights of the Child-Article ;Convention on the Rights of Persons with Disabilities-Article 10; Declaration on the Elimination of Violence against Women-Article 3; United Nations Declaration on the Rights of Indigenous Peoples-Article 7; African Charter on Human and Peoples Rights-Article 4.

[12] Views of 31 March 1982, Communication No. 45/1979, Case of Suarez Guarrerro v Colombia, para 13.1.

[13] UN Doc. E/CN.4/ 1983/16, para 66.

[14] Constitution of Kenya 2010, Article 26.

[15] Naomi Van Stapele, Kenya: Police Killings Point to Systemic rot and a failed Justice System, October 31, 2022.

[16] See Federico Andreu-Guzman, n 9.

[17] UN Doc. A/51/457, PARA 121-122.

[18] See Naomi Van Stapele, n 16.

[19] Aman Kumar, Kumar Adarsh, Vedang  Opadhayay, Extrajudicial Killings: A Threat to Democracy, International Journal of Science and Research (IJSR) ISSN: 2319-7064, Volume 9 Issue 11, November 2020.

[20] Constitution of Kenya, Article 26.

[21] See Naomi Van Stapele, n 16.

[22] 12th Parliament (5th  Session), The Senate, Standing Committee on Justice, Legal Affairs and Human Rights, Report on the Inquiry into Extrajudicial Killings and Enforced Disappearances in Kenya, 14th October 2021.

[23] Report on Mission to Kenya, A/HRC/11/2/Add.6, 26th May 2009.

[24] Ibid.

[25] International Convenant for the Protection of All Persons from Enforced Disappearance, Article 12(1).

[26] Report of the Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, A/HRC/20119, 7TH June 2012, para 95.

[27] See n 26, Article 12(3).

[28] See n 26, Article 12(2).

[29] See n 26, Articles 12(1) and 18(2).