LSK promises legal action as new wave of abductions hits worrying levels

The Law Society of Kenya (LSK) has promised to take legal action following increased cases of abductions and forced disappearances.

LSK President Faith Odhiambo on Friday, December 27, 2024, called on Kenyans with information and affected families to share information with LSK to enable the institution of legal action.

“In light of the recent spate of abductions across the country, the LSK expresses grave concerns over these alarming developments, which undermine constitutional guarantees and the security of all citizens. While we acknowledge the duty of state organs to maintain law and order, we reiterate the need to uphold human rights and adhere to constitutional and statutory requirements in all law enforcement efforts. The protection of fundamental freedoms, as enshrined in the Constitution, must remain central to any actions undertaken by state and non-state actors,” Odhiambo stated.

This comes following the recent abductions of social media users who have been criticising President William Ruto including Billy Mwangi, Peter Muteti and Bernard Kavuli.

“In the face of this troubling trend, the Law Society urges farnilies and close relations of the abducted individuals to come forward with comprehensive and accurate information regarding these incidents. This data will enable us to document the circumstances surrounding each case of abduction and disappearance and initiate appropriate legal proceedings where rights violations have occurred,” she added.

“We assure the public of our unrelenting commitment to ensure justice is served and to support the families during this challenging time. We encourage members of the public who possess credible information about the abducted individuals to report to the LSK Secretariat or any of our regional offices.”

Earlier on, the National Police Service and the Directorate of Criminal Investigations (DCI) denied reports that they are involved in the abductions.

“Any arrest or detention must strictly adhere to the rule of law and uphold the principles of transparency, accountability, and human dignity.
The state’s silence and lack of accountability regarding the whereabouts of abducted individuals only serves to erode public trust and confidence in the government’s capacity to protect its citizens. We demand an immediate disclosure of the location of the missing individuals and either their unconditional release or presentation before a court of law,” Odhiambo added.

Odhiambo has also faulted the statement by the National Police Spokesperson denying police involvement in the abductions, calling on them to investigate and prosecute those responsible for the abductions and reassure the public by taking visible and demonstrable steps to protect citizens from further violations.

“Failure to act decisively risks emboldening perpetrators and fostering a culture of impunity, which directly undermines human rights, constitutionalism, and the rule of law. It is insufficient for the Inspector-General of Police to merely deny police involvement in these abductions without explicitly outlining the steps being taken to address these egregious violations. The Inspector-General appears to lack awareness of his mandate under the law or the ability to discharge it effectively. This is a grave abdication of duty that cannot be countenanced in a constitutional democracy,” she added.

“The office of the Inspector-General is entrusted with the responsibility to ensure the safety and security of all citizens. If the holder of this office is incapable of fulfilling that mandate, it would be in the best interest of the nation for him to either rise to the occasion and discharge his duties effectively or tender his resignation forthwith. Anything less would amount to a betrayal of the public trust and a dereliction of his constitutional obligations.”