The International Commission of Jurists-Kenya (ICJ) has ordered the Director of Criminal Investigations (DCI) and the Inspector General of the National Police Service to produce all individuals secretly detained during protests against the controversial Finance Bill 2024.
ICJ Chairperson Protas Saende announced the organization knows protestors are being detained without their families’ or friends’ knowledge.
ICJ highlighted the case of popular social media influencer Billy Simani, also known as Nairobian.
He was reportedly arrested and remains missing.
The organization warned that such actions violate legal and human rights standards.
“ICJ Kenya has received reports that content creator Billy Simani, aka Nairobian, was arrested.
His whereabouts are unknown to his family, friends, and legal representatives,” stated ICJ.
“We call upon the DCI and the Inspector General of Police to immediately reveal the whereabouts of all detained persons and adhere to due process requirements mandated by our Constitution.”
ICJ emphasized the psychological harm and potential for extrajudicial killings associated with incommunicado detentions.
The organization urged the DPP to ensure all missing persons are identified and their families informed.
“Incommunicado detention can lead to enforced disappearances, where individuals are secretly abducted and held by the state, denied basic legal protections, and are at increased risk of mistreatment, torture, and even murder,” ICJ noted.
“The secrecy surrounding these arrests facilitates extrajudicial killings to cover up torture or other abuses.”
ICJ appealed to the DPP and judicial officers to monitor and prevent such violations within the criminal justice system.
The law requires that those arrested be arraigned within 24 hours.
If longer, families or friends be informed of their whereabouts within 72 hours.
The ICJ also cited the recent killing of 24-year-old Rex Masai Kanyike during Thursday’s protests.
Furthermore, the reported widespread unlawful use of force against protestors and journalists.
Finance bill protests
They are monitoring police actions to ensure they respect people’s rights.
“Article 49 provides that arrested persons must be informed of the reason for their arrest.
Moreover, they ought to be allowed to communicate with an advocate and others whose assistance is necessary,” ICJ stated.
“They must be brought before a court as soon as reasonably possible, but not later than 24 hours after arrest.
Even if a person is presented in court within 24 or 72 hours, they must have access to legal services, their family, and the outside world.”
