Two Kenyan lobbies have moved to court seeking to compel Attorney-General Dorcas Oduor to refer the country’s cases of abductions and enforced disappearances to the International Criminal Court (ICC) for action.
Kituo Cha Sheria and Mathare Social Justice Centre want the court to issue a declaration that the cases constitute crimes against humanity.
The lobbies further state in the petition to the High Court that Kenya police are unable to prevent or investigate 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,” the lobbies said through Dr John Khaminwa.
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.
The veteran lawyer said the Inspector-General of Police Douglas Kanja admitted that the police were not involved in the abductions and that the matter was being investigated by the Independent Policing Oversight Authority (IPOA).
“It appears that the National Police Service is incapable of conducting 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,” he said.
On Monday, High Court judge Bahati Mwamuye directed Mr Kanja to release seven 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.
After failing to release them as directed, Justice Mwamuye ordered the Interior Cabinet Secretary and Mr Kanja to appear before him personally, on January 8.
LSK said the abductees enjoy a substantive huge following on the social media platform “X” where they have been openly expressing their dissatisfaction and criticism of the government of the day, an act that led to their dramatic abductions.
The LSK added that the abductions were conducted in dramatic fashion and in broad daylight, some under the glare of CCTV footage.
Kituo Cha Sheria said since June 2024, scores of youths have endured the horror of being abducted for expressing their political opinions and exercising their freedom of expression and belief.
Ms Waringa Wahome, an advocate, added that the families of those abducted are living in emotional and physical distress due to a lack of information or investigation by the security organs.
Ms Wahome said unless the court certifies the case as urgent and heard expeditiously, Kenyans risk living in a country where the rule of law and constitutional rights and freedoms are undermined.
Among the missing youths are Billy Wanyiri Mwangi, a 24-year-old who was picked up outside a barber shop in Embu on December 21.
Ms Wahome said Billy’s mother- Regina Wairimu Mwangi, was hospitalised on December 26 after experiencing high blood pressure after failing to trace her second-born son.
Others who are missing are Peter Muteti, Bernard Kavuli, Gideon Kibet, Rony Kiplagat, Steve Kivango, and Kelvin Muthoni.
The lobbies said despite the abductions being reported at various police stations, the police boss issued a contradictory statement where on one hand he claimed that no police station in the country was holding the reported abductees, while on the other hand admitting that the matter in question was being investigated by IPOA.
Dr Khaminwa said the abductions have become a continuous thing and a tool for political suppression.
“In my view, the only organ that can investigate the matter conclusively and come out with a decision valid in law and which can be believed is the ICC prosecutor,” Dr Khaminwa said.
He added, “The matter touching on enforced disappearance cannot be investigated locally by the police because the police are suspects.”
