‘Altars of impunity’: EAC Law Society raises alarm over abduction of Kenyan activists, Tanzanian diplomat

The East Africa Law Society (EALS) has condemned what it termed the “weaponisation of State and judicial power” in the region following the alleged abduction of two Kenyan activists in Uganda and the disappearance of a Tanzanian diplomat.

In a strongly worded statement released on October 24, 2025, the regional bar association said it was “deeply concerned” about the continued disappearance of Kenyan human rights defenders Nicholas Oyoo and Bob Njagi, who were allegedly abducted in Uganda’s Kaliro District on October 1.

It also regretted the disappearance of Humphrey Polepole, a Tanzanian diplomat and government critic, whose whereabouts also remain unknown since October 6, 2025. 

“These are not isolated incidents; they are the visible symptoms of a broader malaise — the corrosion of constitutionalism and the quiet normalisation of enforced disappearance and cross-border renditions as a tool of political control,” the society said.

Citing a recent ruling by the High Court of Uganda on October 22, which classified Oyoo and Njagi as “missing persons”, EALS said the court’s handling of the matter “lays the writ of liberty to rest under procedural formalities,” describing the ruling as “morally hollow and jurisprudentially tragic.”

“The writ of habeas corpus is a constitutional prayer to the conscience of the State, not a bureaucratic exercise. When courts accept State denial without credible proof or accountability, they cease to be temples of justice and risk becoming altars of impunity,” the society said.

“History will judge whether the judiciary is there to preserve liberty or preside over its erosion.”

In the judgment, the court found no proof directly linking Ugandan authorities to their disappearance, advising their lawyers to file a missing persons report with the Uganda Police Force.

The organisation accused regional governments of using legal and security systems to silence dissent, warning that “the court, which ought to be the sanctuary of the powerless, is increasingly a stage where procedural legitimacy conceals substantive injustice.”

EALS argued that the constitutions of Kenya, Uganda, and Tanzania guarantee the right to life, liberty, and due process, and that enforced disappearances violate domestic and international law, including the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights (ICCPR), and the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED).

“By permitting disappearances within its jurisdiction, the State violates not only domestic law but also binding obligations under international law,” EALS stated.

The regional bar further warned that such incidents undermine the East African Community (EAC)’s foundational principles of democracy and the rule of law.

“Impunity erodes regional integration; a union of lawlessness cannot produce a community of law,” the statement added.

EALS issued several demands, including the immediate disclosure of the whereabouts of the missing individuals, independent and impartial investigations, and judicial renewal.

It also called on the EAC Secretariat, the African Commission on Human and Peoples’ Rights, and the UN Working Group on Enforced or Involuntary Disappearances to urgently investigate the matter.

“Law without justice is tyranny. Courts without moral courage become echoes of executive will,” EALS President Ramadhan M. Abubakar said.

“The enforced disappearance of East African citizens is not merely a crime against individuals; it is an assault on civilisation itself.”

On October 22, 2025, the High Court of Uganda ruled that Kenyan activists Bob Njagi and Nicholas Oyoo, allegedly abducted in Uganda on October 1, would be categorised as “missing persons.”

Justice Simon Peter Kinobe said there was no cogent evidence linking the State to their disappearance, noting that “the State cannot be forced to produce persons whose whereabouts remain unknown.”

The activists’ lawyer had told the court that they were held incommunicado at a military facility in Mbuya, Kampala, without trial or formal charges. However, Ugandan authorities denied any involvement, insisting that thorough checks across all detention facilities found no record of the two.

The ruling has since drawn criticism from regional and international human rights organisations.

Human rights groups in Kenya have also demanded urgent action to secure the release of the two Kenyan activists, whose case continues to draw regional attention.

The duo had reportedly joined National Unity Platform (NUP) presidential candidate Bobi Wine’s campaign trail before being allegedly forced into a vehicle by four armed men believed to be security agents. Their phones were later switched off.