In a bold move against Kenya’s ongoing crisis of enforced disappearances and abductions, two prominent lobby groups, Kituo Cha Sheria and the Mathare Social Justice Centre, have petitioned the High Court to declare these actions as crimes against humanity.
In a petition filed at the Milimani High Court on Thursday, January 2,2024 , the lobby groups also demand that the case be referred to the International Criminal Court (ICC).
Represented by renowned human rights lawyer Dr. John Khaminwa, the two organizations argue that the Kenyan police have failed to adequately investigate or bring perpetrators to justice.
Citing the gravity of the crimes under Article 7(1) of the Rome Statute, Khaminwa contends that these abductions should be addressed under Article 14 of the statute, which allows for the referral of cases to the ICC when national authorities are unable or unwilling to act.
“The scale of the disappearances, the evident impunity, and the inability of local authorities to investigate these serious crimes compel us to take this urgent petition to the High Court,” said Dr. Khaminwa.
“We are calling on the judiciary to not only declare these acts crimes against humanity but to also ensure that those responsible face international justice.”
The petition comes at a time of heightened public pressure after the mysterious disappearance of six Kenyans during the December festive season.
The missing individuals namely Peter Muteti, Bernard Kavuli, Gideon Kibet, Billy Mwangi, Ronny Kiplangat, and Steve Kivango were reportedly abducted under suspicious circumstances, with little to no investigation from Kenyan police.
The High Court, led by Justice Chacha Mwita, is expected to issue directions on Friday.
Meanwhile, the situation has taken a dramatic turn, with Interior Cabinet Secretary Kipchumba Murkomen summoned to appear in court on January 8.
Murkomen, along with Inspector General of Police Douglas Kanja, is required to explain the whereabouts of the six missing individuals.
On December 31, 2024, at Milimani Law Courts, Justice Alexander Muteti issued an order requiring Murkomen and Kanja to attend the upcoming hearing.
“The court demands accountability. The continued abductions of innocent Kenyans must end, and those in positions of authority must be held responsible,” Justice Muteti remarked during the hearing.
Additionally, NTSA Director-General George Njao has been ordered to provide crucial documents related to the motor vehicle records connected to the abductions.
He is expected to present the necessary information by January 3, 2025.
The case has gained widespread attention, with several heart-wrenching testimonies from family members of the abducted individuals.
Billy Mwangi’s father, visibly distraught, shared the emotional toll of the abduction on his family.
“I haven’t slept since my son was taken. We are living in constant fear, not knowing if we will ever see him again,” he said through tears.
Lawyers representing the families have accused senior state officers, including IG Kanja, of directly violating the human rights of those who have disappeared.
Felix Keiton, one of the lawyers, stated: “We have seen blatant disregard for justice. The authorities have turned a blind eye to the ongoing crisis of enforced disappearances.”
In a related development, the court has ordered IG Kanja and Director of Criminal Investigations (DCI) to appear personally on January 8, 2025, to show cause why they should not be cited for contempt.
The move comes after a failure to comply with a previous order by the court, which required them to produce the missing individuals or provide information on their whereabouts.
“It is clear from the submissions that the IG and DCI have not complied with the court’s orders,” said Justice Bahati Mwamuye, underscoring the urgency of the situation.
With mounting public outrage and international attention, the case has put Kenya’s human rights record under intense scrutiny.
The petitioners hope that their legal challenge will not only bring justice to the missing individuals but will also serve as a critical step toward ending the cycle of impunity surrounding abductions in the country.
