Kenya's kidnapping raises fears of a return to a dark past

The reported disappearance of more than 80 government critics over the past six months has caused a major backlash in Kenya.

A judge warned he would jail top security officials for contempt of court on Monday if they failed to appear for a third time to account for a recent spate of alleged kidnappings.

The case is linked to disappearances that Kenya's National Human Rights Commission has documented since nationwide protests against proposed tax increases began last June.

It is said that at least 24 are still missing.

The police and government deny kidnapping and illegal detention, but the country has a history of state-sponsored kidnappings, and some Kenyans fear they are returning to this dark past.

Inspector General of Police Douglas Kanga and the Directorate of Criminal Investigations Directorate Muhammad Amin have been ordered to produce in court seven social media influencers who disappeared in December.

Five appeared again in early January in various locations across the country.

Mr Kanga's lawyers asked the court for more time to record statements from them and submit a report.

Billy Mwangi is one of the five. The 24-year-old was dropped by his alleged mixers 75km (46 miles) from his hometown of Embu, in central Kenya, in an apparent act of intimidation.

Billy's father, Gerald Mwangi Karesha, told the BBC that his son was in shock.

“The boy didn't share much,” he said. “All I can say is that when he came, he wasn't his usual self. He seemed to be in shock.”

Bailey, a college student who has been a vocal critic of the government on social media, He disappeared on December 21, 2024 while at a barber shop in EMBU.

According to witnesses, the masked men got to the player in a Toyota and a double cab strip, assembled it in one of the vehicles and leaked.

Within hours, his family's worst fears began to unfold.

“Most weekends, we watch football together. His club is Chelsea; mine is Arsenal,” Gerald said.

He called Billy to discuss a football match on the evening of his disappearance, only to find his son's phone.

The barber shop owner later informs him of the kidnapping, sparking a frantic search.

Billy's mother broke down when she heard the news and the weeks that followed were traumatic for the family.

Once found, Billy was taken to the hospital for a routine check-up. His family says he is still recovering from the shock, but his release has brought them a measure of relief.

Like many who resurface after an alleged kidnapping, Billy has said little about his ordeal, perhaps out of fear.

Jamil and Aslam Longton also kept calm after being released in September from 32 days in captivity.

Gamil says the brothers were warned, that they would be killed if they went to the media.

Three months later, a government official publicly referred to his case as a lawful arrest.

The siblings took this as confirmation that a government agency was responsible for what they went through and found the courage to speak out.

“Kenya’s constitution is very clear,” says Gill. “You must be arrested and taken to court within 24 hours. We had 32 days. He never gave us a lawyer to represent us anywhere.

“We were not allowed to see our family or communicate with our family. So this is not an arrest, this is a kidnapping.”

The brothers told the BBC that Aslam helped organize protests against tax hikes in the town of Kitinila near the capital, Nairobi, and was warned by security agents to stop his activism.

One day in August, the two were pulled into a car next to their home, hooded and handcuffed, and taken to an unknown location where they were held in small dark cells.

Aslam says he is regularly beaten, and his torment demands to know who is funding the protests.

“I was so scared,” he says. “When the door was opened, the man would come out with a fiber cable and a metal rod.

“I was afraid he was coming to beat me or finish me off – there were only two options to beat me or kill me.”

Gammell describes their kidnappers as armed with weapons, able to track cell phones and confident enough to pick them up in broad daylight, and operating with a level of resources and degree of resilience reported by human rights groups in many cases.

Government spokesman Isaac Mora says this does not mean they are official security agents.

“Organized security may also be part of organized crime,” he told the BBC.

“This could also be for political reasons… Our political critics have already denounced this issue. They are actually running with it just to level the political rungs.”

Mr. Mora declined to comment The case of Cabinet Minister Justin Muturione of the most damning indictments of security agencies in Kenya.

Muturi says his son was picked up by the National Intelligence Service (NIS) and released only after he made a direct appeal to President William Ruto.

“This is a matter of investigation, because this is his side of the story,” Mr. Moura said. “But what is the counterstory to the National Intelligence Service?

“I would like to say categorically that the President of the Republic of Kenya, who is the head of government, has not punished any forms of kidnapping at all, because he is a man who believes in the rule of law.”

In fact, Ruto publicly promised to stop the kidnappings, and was forced to respond to public anger, and concern from Western allies.

Many are distressed that the seemingly systematic disappearance of anti-government activists has resurfaced in this way, rekindling similar tactics under the authoritarian leadership of Daniel arap Moi in the 1980s and 1990s.

Gitobu Imanyara, a journalist and activist who campaigned for multi-party politics in the early 1990s, was arrested and beaten by Moi's regime. He has no doubt that he sees “Playbook Moi” in action now.

But, he says, times have changed. The constitutional amendments created more accountability mechanisms and “there is a larger segment of Kenyan society that will not be intimidated.”

“The democratic space has expanded so much that the government cannot hope to take away democratic votes from the opposition,” he told the BBC.

In addition to social media, “word spreads almost instantly.”

“We can't censor the way we used to censor in those days when we could only use landlines.”

Reports of the disappearance have fluctuated in recent weeks.

But although police investigations have been announced, no one has been charged, let alone convicted, for carrying them out.

Several advocacy groups petitioned the Attorney General requesting that kidnapping cases be referred to the International Criminal Court (ICC).

As for the families of those still missing, the nightmare continues.

“We're very depressed, very devastated,” says Stacey Mota, the sister of Steve Mpsi, one of the seven who disappeared in December.

“We hope they release him. (Most of) the kidnappers have been released, but he is still missing. We pray that he will be found.”