The government is set to experience a legal crisis should the court okay a request by two Kenyan lobbies who headed to court on Thursday, demanding that Attorney-General Dorcas Oduor refer the country’s cases of abductions and enforced disappearances to the International Criminal Court (ICC) for action.
The two lobby groups, Kituo Cha Sheria and Mathare Social Justice Centre, want the High Court to issue a declaration that the cases constitute crimes against humanity.
”MSJC, together with Kituo cha Sheria, through the firm of Khaminwa and Khaminwa Advocates, have today filed a petition to the High Court praying for a Declaratory order that the Attorney General do refer to the prosecutor of the International Criminal Court, that the abductions and enforced disappearances
occurring in the Republic are Crimes Against Humanity and should be investigated,” the Mathare Social Justice Centre stated in a statement.
The lobbies further state in the petition to the High Court that Kenya police are unable to prevent or investigate the crimes.
File photo of Milimani Law Courts in Nairobi.
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Judiciary of Kenya
“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 lobbyists stated through veteran lawyer Dr John Khaminwa.
Khaminwa argued that 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 added that 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).
According to the lobby groups, Kanja’s admission meant that the police could not be trusted to unravel the mystery of the abductions.
“It appears that the National Police Service is incapable of conducting investigations. This court has the duty to protect and defend the people of the republic by referring the matter of enforced disappearances to the ICC,” he added.
The case was presented before Justice Chacha Mwita of the High Court in Nairobi, who is expected to issue further directives on the case within the week.
The move by the two groups comes at a time when the government is already facing the challenge of other cases before the High Court compelling it to present in court six Kenyans who were abducted by unknown individuals during the festive season.
The six individuals who were reportedly abducted and illegally detained include Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo.
A collage of Gideon Kibet aka Kibet Bull (left) and his brother Rony Kiplagat (right) who were both allegedly abducted with their mother Caroline Mutai (middle).
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Canva