KOFI Annan once warned that impunity is a disease that corrodes the foundations of justice and democracy.
In Kenya today, rampant corruption, widening inequality, human rights violations and abuse of power are daily realities.
They erode the foundation of Article 1 of our constitution, which states that sovereign power belongs to the people.
However, for those in power, this principle has become an afterthought.
Speaking truth to authority is now a dangerous gamble many have paid for with their freedom or, worse, their lives.
In my last column, I wrote about Kenya’s foreign policy missteps and their risks to regional diplomacy, an issue all too familiar to many.
Today, I turn inward to discuss yet another growing crisis—impunity.
In 2024, enforced disappearances and extrajudicial killings in Kenya became more pronounced when widespread protests erupted across the country against proposed tax hikes.
The protesters demanded an affordable cost of living and better governance.
Human rights organisations documented at least 63 deaths, 82 enforced disappearances, and over 1,200 arbitrary and unlawful arrests.
We all remember how, at the height of the protests, young demonstrators were killed.
But morgue records were falsified, misclassifying their deaths as ‘road accidents’.
This was another clear evidence of an attempt to cover up extrajudicial executions.
The disturbing pattern undermined trust in law enforcement and exposed the depth of impunity.
Enforced disappearances and extrajudicial killings violate fundamental rights enshrined in Kenya’s constitution and international human rights conventions.
The right to life, liberty and security is explicitly protected under Article 29 of our constitution.
Despite these legal guarantees, individuals involved in protests continue to be forcefully disappeared or extrajudicially killed.
The absence of legal consequences has emboldened security forces and other perpetrators, allowing impunity to flourish and eroding the rule of law.
Kenya has long positioned itself as a regional mediator, championing peace and stability in neighbouring countries.
However, its failure to uphold justice within its borders exposes glaring contradictions in its governance, weakening its credibility as a leader in human rights and democracy.
To dismantle this culture of impunity, the government must take decisive action by restoring the rule of law, establishing independent investigative bodies to probe enforced disappearances and extrajudicial killings, and prosecuting those responsible.
Kenya must also ratify the International Convention for the Protection of All Persons from Enforced Disappearance to ensure victims and survivors of these abuses have full legal rights under international law. Failure to act on these violations will cripple Kenya’s governance, erode public confidence and tarnish the country’s global standing.
The time for action is now—we cannot allow impunity to erode the foundations of justice and democracy.
The writer is a Manager for Inclusion and Political Justice at the
Kenya Human Rights Commission
