Lawyer Wahome Thuku has weighed in on the abduction of Standard Group Associate Editor Alex Kiprotich, drawing a sharp comparison between reported abductions under President William Ruto and detention without trial during the administrations of former presidents Jomo Kenyatta and Daniel arap Moi.
Thuku argued that although detention without trial was a dark chapter in Kenya's history, it was more structured and accountable than what he described as clandestine abductions occurring under the current administration.
“Detentions without Trial under the Jomo and Moi regimes were better than abductions under the William Ruto regime,” Thuku said.
According to the lawyer, people detained by previous regimes were formally gazetted and held in recognised detention facilities, making their whereabouts known to authorities even when the legal basis for their detention was questionable.
“Detention would be gazetted. Detainees would be held in gazetted facilities and treated like any other prisoners,” he said, while urging Kenyans to read accounts written by former detainees to understand the conditions they experienced.
Thuku, however, acknowledged that torture occurred, particularly during the Moi era. He cited Nyayo House as an example, saying some torture happened before suspects were formally detained.
“The torture that happened at Nyayo House during Moi regime was carried out before a person was officially detained. Thereafter they were treated with a small element of dignity,” he stated.
His comments come amid growing scrutiny over the circumstances surrounding Kiprotich's abduction, which has raised questions about the safety of journalists and alleged involvement of security agencies.
Kiprotich was reportedly taken by armed, masked men before being found safe near Masinga Dam in Machakos County.
He subsequently recounted being questioned about the operations of the Standard Group, including how stories and headlines are produced and the sources used by journalists.
The National Police Service has denied involvement and ordered investigations into the incident.
Thuku described abductions as fundamentally different from formal detention, arguing that those responsible operate outside established legal procedures.
“Abductions are clandestine activities conducted by masked humans with no hearts, no legal basis or legal intentions. They are acts of cowardice,” he said.
He added that such actions could occur where no criminal offence had been committed but the government was displeased with an individual's activities.
Thuku then made a politically charged comparison involving former Deputy President Rigathi Gachagua, warning that a government led by him could potentially be even more ruthless.
“Now here is the hard truth. For every three cases of abductions by Ruto regime, there would be five abductions by a Gachagua regime,” he claimed.
“If abduction was your only consideration for picking a president, I would rather elect Ruto. Gachagua would be three times more ruthless,” he added.