KNCHR raises alarm over targeting of persons seeking sanctuary in Kenya

KNCHR raises alarm over targeting of persons seeking sanctuary in Kenya

KNCHR said Kenya must ensure its territory is not used for transnational repression, enforced disappearances or the extrajudicial transfer of individuals to jurisdictions where their lives and rights could be threatened.

The Kenya National Commission on Human Rights (KNCHR) has raised concerns over the targeting of individuals seeking sanctuary in Kenya, warning that rising cases of abductions and unlawful cross-border transfers threaten the country's reputation as a haven for people fleeing persecution.

KNCHR raised the concerns on Thursday following the reported abduction of Tanzanian political activist Twaha Salim Mwaipaya in Machakos County on Sunday, October 25, 2026, whose whereabouts remain unknown.

The Commission urged the government to take urgent measures to establish Mwaipaya's whereabouts, guarantee his safety and investigate the circumstances surrounding his disappearance, holding those responsible accountable.

“The Commission is deeply concerned that this incident appears to form part of a disturbing pattern of enforced disappearances, abductions, and unlawful cross-border transfers involving individuals residing in, or seeking refuge within, Kenya. Over the past two years, other Tanzanian nationals, including Maria Tsehai Sarungi and Mshabaha Hamza, were reportedly abducted at gunpoint in Nairobi," KNCHR said in a statement.

"In October 2024, the Principal Secretary in the Ministry of Foreign and Diaspora Affairs publicly acknowledged that the Government of Kenya had repatriated four Turkish refugees who had previously disappeared following their abduction in Nairobi. Similarly, Dr Kizza Besigye, a Ugandan opposition politician, was reportedly abducted in Nairobi and forcibly transferred to Uganda in November 2024,” it added.

Mwaipaya was travelling in a taxi to visit friends in Kamulu when unidentified individuals intercepted the vehicle at about 2:00 pm, forcibly removed him and drove away with him in a convoy of three vehicles.

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The activist reportedly fled Tanzania for Kenya in 2025, fearing for his life and personal safety.

KNCHR warned that such incidents raise serious questions about the protection of people at risk, respect for the rule of law and Kenya's compliance with its constitutional and international human rights obligations.

The Commission further called on the government to protect refugees, asylum seekers, political exiles and other at-risk individuals within its territory, and to refrain from facilitating unlawful renditions or transfers that could expose them to persecution, torture or other serious human rights violations.

It emphasised that Kenya is obligated under its Constitution and international law, including the 1951 Refugee Convention and the principle of non-refoulement, not to return or transfer individuals to places where they face such dangers.

KNCHR said Kenya must ensure its territory is not used for transnational repression, enforced disappearances or the extrajudicial transfer of individuals to jurisdictions where their lives and rights could be threatened.

“The KNCHR will continue to monitor the situation and calls for urgent action to establish Mwaipaya's whereabouts, protect his life and safety, and ensure accountability for any violations of his fundamental rights,” the statement added.

It also called on anyone with information about Mwaipaya's abduction to report it to KNCHR via email at [email protected], SMS on 22359, WhatsApp on 0798 849 871, or the toll-free number 0800 720 627.