Kenyan Gov’t Could Face ICC Intervention Over Abductions
If the court grants the motion of two Kenyan lobbyists who appeared in court on Thursday, the government will face a legal problem.
The lobbies are urging Attorney-General Dorcas Oduor to report the country’s incidents of abduction 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 declare that the cases are 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 also say in their appeal to the High Court that Kenyan police are unable to prevent or investigate the crimes.
Lawyer John Khaminwa, representing Mathare Social Justice Centre (MSJC) and Kituo cha Sheria, has filed a petition at the High Court seeking a declaratory order for the Attorney General to refer cases of abductions and enforced disappearances to the International Criminal Court… pic.twitter.com/PNYQOV7Stu
— The Eastleigh Voice (@Eastleighvoice) January 2, 2025
“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 said that Article 7(1) of the Rome Statute states that enforced disappearance, when utilized as a widespread political tool for suppression, is a crime against humanity.
According to the veteran lawyer, the Inspector-General of Police, Douglas Kanja, stated that the police were not engaged in the abductions and that the Independent Policing Oversight Authority (IPOA) was investigating the case.
According to the lobby organizations, Kanja’s admission demonstrated that the police could not be trusted to solve 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.
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The case was handed before Justice Chacha Mwita of the High Court in Nairobi, who is anticipated to deliver additional orders on the matter within the week.
The two parties’ move comes at a time when the administration is already facing legal challenges in other High Court matters.
The state is required to bring in court six Kenyans who were kidnapped by unknown people during the holiday season.
Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo are claimed to have been abducted and unjustly detained.
Kenyan Gov’t Could Face ICC Intervention Over Abductions
