Abductions: Court gives Attorney-General Oduor two weeks to respond on ICC intervention
Attorney-General Dorcas Oduor.
Attorney-General Dorcas Oduor has been given two weeks to respond to a petition filed by two lobby groups seeking to compel Kenya to refer cases of abductions to the International Criminal Court (ICC).
While certifying the case filed by Kituo Cha Sheria and Mathare Social Justice Centre as urgent, High Court judge Chacha Mwita directed lawyer John Khaminwa to serve the court documents on Ms Oduor immediately.
“That the respondent (Attorney-General) do file a response to the petition within 14 days after service,” the judge directed on Friday.
The two lobby groups want the court to issue a declaration that the cases of enforced disappearances occurring in the country are crimes against humanity and ought to be investigated by the ICC.
The judge further directed parties to file their submissions ahead of mention on February 26.
It is the argument of the lobbies that the Kenya police are unable to prevent or probe the crimes.
“This court has the power and authority to command the respondent herein to refer what is termed as a Crime Against Humanity to the International Criminal Court as allowed under provisions of Article 14 of the Rome Statute,” Dr Khaminwa said.
Dr Khaminwa said Article 7(1) of the Rome Statute provides that enforced disappearance, when used as a widespread political tool for suppression, is a crime against humanity.
Kenya National Commission on Human Rights (KNCHR) reported on December 27 that there were 13 more cases of abductions or enforced disappearances in the last three months, bringing the total to 82 since June 2024.
KNCHR further pointed out that there were seven reported cases of abduction in the month of December 2024, with six of them still missing, bringing to 29 the total number of persons still missing since June 2024.
“It appears that the National Police Service is incapable to conduct the investigations and this court has the duty to protect and defend the people of the Republic by referring the matter of enforced disappearances to the International Criminal Court,” Dr Khaminwa said.
On Monday, High Court judge Bahati Mwamuye directed Mr Kanja to release six youths alleged to have been abducted by persons believed to be police officers, following a petition by Law Society of Kenya (SLK) and Busia senator Okiya Omtatah.
And after failing to release them as directed, Justice Mwamuye ordered Interior Cabinet Secretary Kipchumba Murkomen and Mr Kanja to appear before him personally on January 8.
