The advocacy groups Kituo Cha Sheria and Mathare Social Justice Centre (MSJC) have petitioned the High Court to classify recent abductions and enforced disappearances as crimes against humanity.
In a public statement, MSJC revealed that the petition seeks a directive for the Attorney General to refer these cases to the International Criminal Court (ICC) for investigation. “We urge the High Court to order the Attorney General to submit the abductions and enforced disappearances to the ICC prosecutor as crimes against humanity under the Rome Statute,” the statement reads.
The petition claims that Kenyan police have demonstrated an inability to prevent or effectively investigate these incidents. Through prominent lawyer Dr. John Khaminwa, the groups argued that under Article 7(1) of the Rome Statute, widespread enforced disappearances used as a political tool qualify as crimes against humanity.
Dr. Khaminwa highlighted Inspector-General of Police Douglas Kanja’s acknowledgment that police were not implicated in the abductions and that investigations are being handled by the Independent Policing Oversight Authority (IPOA). This admission, according to the petitioners, underscores the National Police Service’s inability to address these cases effectively.
“The court has a duty to safeguard citizens by ensuring these crimes are referred to the ICC for thorough investigation,” Khaminwa stated. He emphasized that under Article 14 of the Rome Statute, the court holds the authority to direct the referral of such matters to the ICC.
Justice Chacha Mwita of the High Court in Nairobi is presiding over the case and is expected to provide directions within the week.
This legal action coincides with ongoing High Court cases compelling the government to account for six individuals abducted during the holiday season. The missing persons include Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo, who are believed to have been unlawfully detained by unknown assailants.
