Prevalence of kidnapping and abductions in Kenya has become the new norm. Hardly a day passes without the main stream media highlighting abduction cases across the country, most victims being men. Reports and journals from the media and the National Bureau of statistics indicate that youths aged 18-35 are more prevalent to kidnapping.
Kidnapping is the among the most violent and foulest crime in Kenya, it is has become a security threat that threatens the stability of democratic processes and disruption of social peace. Communities are living in fear while victims of abductions are being forced to relocate due to constant threats and intimidations.
Kidnapping with the intent to confine someone is punishable by up to seven years in prison.
Though there are existing legal frameworks and remedies that address abductions, these laws appear to be ineffective in providing intervention for all abduction cases in Kenya.
Kenya is a constitutional democracy which means that the Kenyan government is guided by law and the law must be superior to the government for democracy to function.
However, government officials do not respect the supremacy of the law, security forces are acting above the law and do not respect the rights of the people as enshrined in the bill of rights.
The pervasiveness of abductions began during the anti-tax protests in June 2024 when the youths of Kenya (Gen-Z) marched the streets to reject a proposed bill to impose more taxes as millions in the country barely get by amid rising prices. During these anti-government protests, approximately 100 people lost their lives, hundreds others were injured while others went missing.
Kenya National Human Rights Commission (KNHRC) recorded 82 abduction cases between June 2024 – December 2024. Further reports indicated that the missing persons were snatched from their homes and in the streets before being taken into captivity where they were tortured while others were left for dead.
These disappearances display a strategic pattern, targeting individuals who have been critical of the government especially the government critics on social media. Political motives is the alleged to be the reason behind the kidnappings.
During the British settler colonialism, political nonconformists were kidnapped and detained at the same time independence fighters were abducted and made to disappear. This was an intimidatory move aimed at controlling individuals and groups to enhance colonial control of land and the people.
After Kenya attained independence in 1963, a new political dispensation was established. This system was characterized by the rule of law and the formation of independent institutions capable of guaranteeing accountability from the government.
The constitution 2010 has established independent state agencies including the judiciary to strengthen the separation of powers between the executive, the legislature and the judiciary. For that reason, the government ought to respect and obey the law and if the incumbent regime becomes a law breaker, it risks breeding contempt and inviting anarchy.