By Kamadi Amata

The Kenyan section of the International Commission of Jurists (ICJ Kenya) and UTU WETU Trust have strongly condemned the abduction and brutal assault of a Mombasa resident, identified as BK, on September 12, 2024, in Bamburi Mwisho, Mombasa County. This heinous attack, reportedly a response to BK’s criticism of the Mombasa County Governor, is a serious violation of human rights and an affront to justice, dignity, and the rule of law.

Abduction and Brutal Assault

According to reports, a group of at least ten assailants forcibly entered BK’s residence under the guise of escorting him to meet the Mombasa County Governor. However, instead of facilitating the meeting, they abducted him, transporting him to an undisclosed location. There, BK was subjected to severe physical violence, including sexual assault, with the assailants filming the assault as they threatened him against criticizing county leadership.

After the brutal attack, BK was left unconscious, stuffed into a sack, and abandoned in a remote thicket. ICJ Kenya and UTU WETU Trust are appalled not only by the barbaric nature of the assault but also by reports that BK was denied urgent medical attention when he sought care at Coast General and Referral Hospital. Immediate medical care is critical in cases of sexual assault, especially for the prevention of sexually transmitted infections. It was only thanks to a friend’s intervention that BK was later admitted to Beyond Scope Hospital, where he received treatment.

Legal Action and Call for Justice

Despite the severe physical, emotional, and psychological trauma inflicted upon him, BK demonstrated remarkable courage by coming forward to report the incident. Following swift action by the Kenya Police Service and the Office of the Director of Public Prosecutions (ODPP), suspects Abdul Hassan Athman, Esther Muthoni, Violet Adera, and Haji Babu Ndau Mohamed have been charged in Shanzu Law Court.

ICJ Kenya and UTU WETU Trust are calling on investigative and prosecutorial bodies to ensure that all individuals involved in this crime, including potential persons of interest within the Mombasa County Government, are brought to justice. The organizations emphasize that the charges should reflect the full scope of the violations committed against BK, including abduction, assault, sexual assault, torture, and rape, under the Penal Code, the Sexual Offences Act, and the Prevention of Torture Act.

A Threat to Freedom of Expression

This attack, allegedly linked to a social media post critical of the Mombasa County Governor, highlights the growing threats to freedom of expression in Kenya. No individual should face violence or intimidation for exercising their constitutional right to free speech. ICJ Kenya and UTU WETU Trust stress that the right to critique those in power and participate in public affairs is a cornerstone of democracy that must be protected.

Call for Support and Accountability

The two organizations are urging the government and health authorities to ensure that BK receives the necessary medical and psychosocial support for his recovery. The denial of treatment at Coast General and Referral Hospital is particularly concerning, and they demand a thorough investigation to prevent similar occurrences in the future.

Standing Against Violence and Intimidation

ICJ Kenya and UTU WETU Trust stand in unwavering solidarity with BK and all survivors of violence, torture, and gender-based violence. They remain committed to justice, accountability, and the protection of human rights. Together, they are calling for action to ensure that such atrocities are prevented and that all perpetrators are held fully accountable for their actions.