A potential legal showdown is looming for the government following a petition by two Kenyan lobby groups—Kituo Cha Sheria and Mathare Social Justice Centre—who moved to court on Thursday. The activists want Attorney-General Dorcas Oduor compelled to refer Kenya’s cases of abductions and enforced disappearances to the International Criminal Court (ICC).
“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 lobbyists claim Kenyan police are either unwilling or unable to halt or investigate the alleged crimes. They argue that the High Court is empowered to compel the respondent—in this case, the Attorney-General—to contact the ICC as provided under Article 14 of the Rome Statute. “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 pointed to Article 7(1) of the Rome Statute, which categorizes enforced disappearance—when used broadly for political suppression—as a crime against humanity. He further cited Inspector-General of Police Douglas Kanja’s acknowledgement that police officers were not involved in the abductions, with the Independent Policing Oversight Authority (IPOA) currently investigating the matter.
“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,” Khaminwa added.
High Court Judge Chacha Mwita heard the case in Nairobi and is expected to issue further directives within the week. The petition comes as the government faces separate High Court proceedings demanding the production of six Kenyans allegedly abducted during the festive season. Those reportedly taken and illegally detained are named as Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo.
Should the court endorse the lobbyists’ request, it could ignite a legal crisis for the government, setting the stage for international scrutiny of abductions and enforced disappearances reported across the country.
