Victims of enforced disappearance shouldn't vanish into a black hole

Victims of enforced disappearance continue to seek justice, accountability and recognition from the Kenyan government. [Courtesy]

On 30 August 2026, the world will mark the 20th anniversary of the International Convention for the Protection of All Persons from Enforced Disappearance. This moment must prompt us to ask: how has the Kenyan state treated its own victims of enforced disappearance over the last year?

The United Nations defines enforced disappearance as an act of state terror. Historically associated with military dictatorships' rule, it is used by authoritarian regimes to suppress dissent by placing individuals beyond legal protection. In Kenya, recent disappearances have primarily targeted terrorism suspects, alleged criminals, and anti-government protesters, most of whom were released without charge.

Missing Voices and several human rights organisations have documented at least 82 cases of enforced disappearance by state agents, ranging from a few hours to 32 days. Regardless of duration, each disappearance violates at least eight constitutional rights and often involves torture, isolation, and denial of legal representation. Designed to break detainees and demonstrate the supremacy of brute force over law, enforced disappearances leave lasting emotional, social, and economic scars.

On 15 June, the KNCHR verified and referred 35 cases of enforced disappearance to the President, who publicly pledged to implement its recommendations. By 7 August, the Panel of Experts reported that Sh896 million had been disbursed to 680 victims, with most claims falling within the categories outlined in the KNCHR Framework and Guidelines.

While the disbursements are welcome, there remain several problematic aspects. Despite a December 2025 court ruling designating the KNCHR as the body mandated to advise the President, the Panel of Experts continues to oversee and even manage the process. More importantly, why has the Panel compensated victims of economic loss and uniformed police officers already covered by insurance, while excluding the 35 verified victims of enforced disappearance?

The exclusion of victims of enforced disappearances prolongs a political scandal the administration appeared initially keen to resolve before the end of its term. In a class action suit brought by the Coalition of Victims and Survivors Against State Violence, survivors have successfully challenged the Chairperson, Prof Makau Mutua and his Panel. An 11 August ruling has barred the Panel from interfering with the KNCHR's completed verification process and ordered it to set aside KSh105 million for victims of enforced disappearances. Whether the Panel complies before its mandate ends on 3 September remains to be seen.

Following a wave of elections across the world in 2024, the UN warned of the growing use of enforced disappearances as a tool of political manipulation and electoral violence. Several current and former UDA politicians, including Deputy President Kithure Kindiki, Cleophas Malala, and Dennis Itumbi, experienced abductions ahead of the 2022 elections. Ironically, had Justin Muturi followed through on his public pledge to ratify and domesticate the Convention while Attorney General on 10 December 2023, his son may have been better protected when he was abducted in June 2024. Despite recent trends and several high-level admissions, the broad-based administration has neither ratified the International Convention nor established a judicial or parliamentary inquiry. No officer has been convicted for an enforced disappearance, and no political party has yet outlined a comprehensive plan to eliminate this practice.

Erasing the experiences of the 35 survivors denies them recognition, reparations, and the truth. As UN Secretary-General António Guterres recently warned, “Impunity compounds the suffering and anguish. Under international human rights law, families and societies have a right to know the truth about what happened.” This applies equally to Kenyan victims.

As the world marks the Convention’s twentieth anniversary, the UN’s call to put “Victims First, Actions Now” remains domestically urgent also. President Ruto’s promise of truth, justice, and reparations will not be complete until it addresses the survivors of enforced disappearances and their families.

No activist, journalist, visitor or political opponent should ever vanish into a legal black hole. A mature democracy protects the rights of its critics as fiercely as those of its supporters. If the State is serious about moving past one of its darkest constitutional stains, it must ensure that victims of enforced disappearances are not forgotten.