When citizen protectors turn into tormentors

Kenya’s security agencies are now facing serious accusations of violating human rights, including abductions, torture, and even killing the very people they are meant to protect.

Officers tasked with upholding the law have allegedly become its violators, with accusations of forcibly removing individuals from their homes, matatus, and social gatherings — particularly targeting those who dare to challenge the government. The growing number of kidnappings, forced disappearances, and murders allegedly linked to these agencies has left many Kenyans questioning whether they can still trust the institutions meant to protect them.

Under the 2010 Constitution, Kenya’s security agencies, such as the National Police Service (NPS) and the National Intelligence Service (NIS), were designed to prioritise national security. However, opposition groups, civil society organisations, and government reports suggest that these institutions have become compromised and are being manipulated for political gain.

Joseph Kariuki, the director of the International Centre for Justice Communication, emphasises the severity of the crisis.

“The practice of enforced disappearance has become a tool to spread terror within society, affecting not only the close relatives of the disappeared but the community at large.” Kariuki highlights that enforced disappearances are state-sanctioned acts, with authorities either denying or concealing the deprivation of liberty.

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The Kenya National Commission on Human Rights (KNCHR) has reported that 82 people were abducted over six months, with 29 still missing. This number has only grown, with 13 additional cases in the last three months alone, including six individuals still unaccounted for.

The Maraga Taskforce, led by former Chief Justice David Maraga, investigated Kenya’s security forces and uncovered corruption and incompetence within the NPS. The taskforce’s findings trace the erosion of the security system back to 2014, when then-President Uhuru Kenyatta signed the controversial Security Laws (Amendment) Bill into law, allegedly under the pretext of combating terrorism.

Despite opposition warnings that the bill would transform Kenya into a “police state,” the government defended it as essential for national security. Human Rights Watch condemned the bill, warning that it would further empower security agencies already notorious for human rights abuses.

In a shocking revelation, former Attorney General Justin Muturi, now Cabinet Secretary for Public Service, accused the NIS of abducting his son in June 2024. Muturi, who claimed that President William Ruto personally intervened to secure his son’s release, is the first Cabinet member to fault the government’s handling of its critics publicly.

Holding my son

“I heard the President ask [NIS Director] Noordin Haji if he was holding my son. He confirmed that indeed he was holding my son, and the President instructed him to release Leslie immediately,” Muturi stated.

The Maraga Taskforce revealed that corruption and political interference within the NPS have hindered the agency’s ability to operate effectively. Its December 2023 report criticised the 2014 security laws, which eliminated merit-based recruitment for senior police roles. The Service has become increasingly influenced by political agenda, diminishing its capacity to protect citizens and uphold human rights.

Maraga stated that the NPS, initially designed for independent operation, has been undermined by political influence, weakening its ability to protect the public and respect constitutional values. Oversight bodies like Parliament and the Independent Policing Oversight Authority (Ipoa) have also been compromised.

“The Cabinet Secretary for Interior and National Administration is responsible for formulating policies to guide the NPS. However, previous Cabinet Secretaries have interfered with the operational independence of the Service. The Taskforce recommends that the Cabinet Secretary develop a Sessional Paper on policing and reforms to address policy and oversight gaps in the NPS,” Maraga said.

In response to recent abduction claims, the NPS distanced itself from allegations of involvement. A statement issued on January 6 by spokesperson Resila Onyango said investigations would be conducted.

“We remain committed to ensuring these cases are thoroughly investigated, and anyone found responsible will be held accountable,” she said.

The NIS has faced widespread accusations of human rights violations. Former Deputy President Rigathi Gachagua has voiced concerns over the agency, accusing it of orchestrating two attempts on his life and calling for the resignation of NIS Director General Noordin Haji.

Gachagua alleged that a secretive unit within the security forces, allegedly led by someone known as “Abel” and linked to a senior government official, is behind the abductions.

Former Justice Minister Martha Karua has accused the government of resorting to illegal methods to maintain power.

“So many people have been abducted — both locals and foreigners,” Karua said on Citizen TV.

The United Nations Working Group on Enforced Disappearances defines such actions as government-sanctioned kidnappings, which Kariuki warns have a devastating impact. Victims face torture and fear for their lives, while their families are left in a perpetual state of uncertainty.

Nairobi Senator Edwin Sifuna criticised the government for its authoritarian approach to leadership.

“When we were on the streets trying to discuss questions about the cost of living, we were brutalised,” Sifuna said.

Maraga, who has described the police as “rotten,” called for fresh vetting of officers and the removal of all 2014 security amendments in order to restore order, independence, and professionalism within the police service so that it can remain true to its mandate of serving the Kenyan people.