The National Assembly is set to open a probe over the bodies that were found in River Yala last year, even as they push for the enactment of laws that criminalise forced disappearances and extra-judicial killings in the country.
The lawmakers also supported a petition by Kituo Cha Sheria calling for the formation of a commission of inquiry to investigate cases of enforced disappearances in the country.
National Assembly Majority Leader Kimani Ichung’wa said individuals who were in charge of the security docket when the bodies were found in River Yala must be brought to account.
“Whether it was Director of Criminal Investigations George Kinoti, whether it was Fred Matiang’i who was the minister in charge of Interior or whether it was the ultimate authority where the buck stops, the office of the President, people must be held to account for the extra-judicial killings in Kenya,” Mr Ichung’wa said.
He went on: “I want to tell DCI Amin Mohamed not to fear anybody. Those who sanctioned and commissioned the extra-judicial killings of very many innocent Kenyans must answer. These things keep on repeating themselves because no action is taken against those responsible.”
Mr Ichung’wa said apart from the bodies found in River Yala, other individuals, such as security analyst Mwenda Mbijiwe, had disappeared without a trace. He added that if the cases are not dealt with now, then nothing will stop other regimes from carrying out similar killings.
Kilifi North MP Owen Baya, who is also the National Assembly Deputy Majority Leader, said they will support the petition.
“We want to go to the bottom of this matter and know who killed the people who were dumped in River Yala. Why were they killed and why did the previous regime tolerate the killings? These are the questions that we must look at in-depth,” Mr Baya said.
Criminalising forced disappearances
Kituo Cha Sheria has petitioned the National Assembly to enact laws criminalising forced disappearances and extra-judicial killings, which it said had become rampant in the country. Executive Director Annette Mbogo said the MPs should ensure, through legislation, that there are punitive penalties for enforced disappearance
In the petition, the organisation says it has worked closely with victims of the extra-judicial killings and enforced disappearances since 2007 and documented cases of 1,201 killings and 272 disappearances. Ms Mbogo says in the petition that most of the cases they have handled on enforced disappearances were carried out by the police and other security agencies
The petitioner says that in 2021, Kenya reported 43 cases of enforced disappearances of persons who were last seen in police custody or with persons believed to be police officers. The coast and northern regions were cited as being hotspots for extra-judicial killings in the guise of fighting terrorism.
Ms Mbogo said the finding of bodies in River Yala last year was one of the main reasons why MPs need to prioritise legislation that criminalises extra-judicial killings.
“The Petitioner concerned that there is no legal remedy to hold suspects accountable, says efforts to petition the Attorney-General to form a commission of inquiry to investigate cases of forceful disappearances has not been fruitful,” reads the petition.
Minority Leader Opiyo Wandayi said there is a need to form a commission of inquiry to also investigate past cases of people disappearing mysteriously.
“We require a commission of inquiry to investigate these disappearance cases, starting with past cases. These killings go beyond security forces, there are people who are using these agencies to enforce the disappearances,” Mr Wandayi said.
Pokot South MP David Pkosing said the Pokot community have been victims of extra-judicial killings and the enactment of the law would be welcome.
“When Kenyans were disappearing in the last regime, we said it was wrong. Nobody should disappear for any reason,” Mr Barasa said.
Tharaka MP George Murugara urged MPs to support the petition by enacting laws criminalising the extra-judicial killings and enforced disappearances.
“Previous regimes would say, you cross the path of the government and find yourself in Ngong’ forest, which appears to have continued in the previous regime. We must move with speed and criminalise forced disappearances in order to uphold the right to life,” Mr Murugara said.
