The rising cases of abductions have put Kenya’s security and criminal justice system leaders in the spotlight due to their delays and failure to prevent the enforced disappearance of government critics.
Interior Cabinet Secretary Kipchumba Murkomen, Inspector-General of Police Douglas Kanja, Directorate of Criminal Investigations (DCI) boss Mohamed Amin, National Intelligence Service Director-General Noordin Haji and Director of Public Prosecutions Renson Ingonga are under scrutiny for the ongoing violation of human rights.
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Mr Murkomen, Mr Kanja, Mr Amin, and Mr Haji hold the highest offices responsible for the country’s security, while Mr Ingonga is tasked with ensuring that anyone linked to the crime faces justice.
Their actions and inaction have seen a section of rights defenders initiate a court process to take the abduction cases to the International Criminal Court in The Hague.
Kituo cha Sheria and Mathare Social Justice Centre want Attorney-General Dorcas Oduor compelled to refer the abduction cases to the ICC, arguing that the disappearances constitute crimes against humanity, yet the police have failed to take action.
This morning, Mr Murkomen, Mr Kanja, Mr Amin, and Mr Haji are expected to appear before High Court Judge Bahati Mwamuye to present six men who were abducted in December and to explain the circumstances surrounding their disappearances.
Mr Murkomen has hired lawyers Samson Nyaberi and Danstan Omari to represent him. He seeks to have his name removed from the cases filed by the Law Society of Kenya, Kenya Human Rights Commission, International Commission of Jurists, and Busia Senator Okiya Omtatah.
Mr Billy Mwangi, Mr Peter Muteti, Mr Rony Kiplangat, Mr Bernard Kavuli, Mr Gideon Kibet and Mr Steven Kavingo Mbisi were abducted between December 17 and 24, 2024.
Coincidentally, Mr Mwangi, Mr Muteti, Mr Kiplangat, Mr Kavuli and Mr Kibet were released by their captors on Monday morning, just two days before government officials were scheduled to appear in court. By the time of going to press, Mr Mbisi was still missing.
From left: Billy Mwangi, Ronny Kiplangat, Peter Muteti and Bernard Kavuli.
Photo credit: Pool
Mr Kanja is facing multiple cases before Justice Mwamuye, which seek orders ranging from the release of abducted individuals or their production in court to contempt of court.
“There is still room for the IG to vindicate himself by presenting the six abductees in any High Court to avoid penal consequences,” Justice Mwamuye stated on December 31,2024. On that day, the judge declined a request from lawyer Paul Nyamondi to allow a representative of the IG to speak to the court regarding the six abducted youth.
While Mr Kanja might dodge the bullet with the release of the five on Monday, there is still one missing, and the court’s orders stipulated that he present all the abductees in court.
Last Saturday, President William Ruto seemed to put Mr Kanja and Mr Ingonga on the spot, asserting that they lead independent institutions capable of determining who is responsible for the abductions.
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Speaking at the funeral of National Assembly Speaker Moses Wetangula’s mother, Dr Ruto said: “The police must do what they have to do. The IG of Police, Deputy IG of Police Mr Masengeli, who is here, and the Director of Public Prosecutions Mr Ingonga who is also here, know what to do. They run independent institutions but we will support them to make sure that Kenya continues to be a country under the rule of law.”
All legal and constitutional powers to address most security matters, including the surge in abductions rest with Mr Murkomen, Mr. Kanja, Mr Amin, Mr Haji, and Mr Ingonga. Mr Kanja and Mr Amin have publicly denied their agencies’ involvement in the abductions, whereas Mr Haji has remained silent.
In December, Mr Ingonga gave Mr Kanja and the Independent Policing Oversight Authority three days to investigate the abductions and report back to him; however, no file has been approved for prosecution related to these cases.
Mr Ingonga has yet to indicate whether he was provided an update within the three-day ultimatum, which expired on Thursday last week.
Director of Public Prosecutions Renson Ingonga.
Photo credit: File | Nation Media Group
On Tuesday, he did not pick up our calls or respond to our text messages. By the time we went to press, he had also yet to respond to questions sent to him via his communications team.
Mr Kanja and Mr Amin also did not respond to our calls and text messages requesting information on progress in the investigations into squads that have abducted, tortured, and even killed youth who have used their social media spaces to criticise the government.
Directorate of Criminal Investigations boss Mohamed Amin (right) and Inspector-General of Police Douglas Kanja.
Photo credit: Evans Habil | Nation Media Group
Mr Kanja acknowledged on Monday the release of the five individuals, but he did not provide any progress report on at least 24 other people still listed as missing persons.
Under the National Police Service Act 2011, Mr Amin, as the DCI boss, is mandated to undertake all criminal investigations in the country. While the DCI has maintained since July 2024 that it is investigating multiple abduction incidents as missing persons’ cases, there has been no update on identifying the kidnappers.
Mr Kanja, the highest-ranked officer in the police service, is constitutionally mandated to command and lead the entire police service to ensure the safety of all Kenyans.
As the head of the NIS, Mr Haji has the constitutional mandate to address all matters related to national security. Among the duties assigned to the NIS director-general by the Constitution are the detection and identification of potential threats to Kenya, advising the President and the government on security challenges, and taking steps to protect Kenya’s security interests. Mr Haji, therefore, has a role in getting information on who is abducting the youth.
Mr Ingonga holds the constitutional mandate to institute and undertake criminal proceedings against any person once cases are forwarded by investigative agencies, including the police and private prosecutors.
Delays and failure to arrest the wave of abductions has sparked public uproar amid calls by religious leaders and civil society groups for the resignation of some of the top security chiefs.
On December 27, the Law Society of Kenya called for the resignation of Mr Kanja for failing to protect Kenyans from the abductors.
Statistics from the Kenya National Commission on Human Rights indicate that 82 people have been reported as abducted since June 2024. Of these cases, 24 remain untraceable to date, the commission stated.
“If the holder of this office (IG of Police) is incapable of fulfilling that mandate, it would be in the nation’s best interest for him to either rise to the occasion and discharge his duties effectively or tender his resignation forthwith. Anything less would amount to a betrayal of public trust,” LSK president Faith Odhiambo said.
