Advocacy groups petition High Court to refer Kenya abduction cases to ICC

Two advocacy groups have petitioned the High Court to compel Attorney-General Dorcas Oduor to refer cases of abductions and enforced disappearances in Kenya to the International Criminal Court (ICC).

The lobbies, Kituo Cha Sheria and Mathare Social Justice Centre argue that these cases qualify as crimes against humanity under international law.

The petition follows a directive by High Court judge Bahati Mwamuye on Monday, instructing the release of seven youths reportedly abducted by individuals believed to be police officers.

In their petition, the organisations claim that the Kenyan police lack the capacity to prevent or effectively investigate these crimes.

They called on the court to exercise its authority to compel the referral under Article 14 of the Rome Statute.

Lawyer John Khaminwa, representing the groups, stated that enforced disappearances, when used as a political tool to suppress dissent, are categorised as crimes against humanity under Article 7(1) of the statute.

Police criticised

Khaminwa criticised the National Police Service (NPS) for failing to act on the matter, adding that Inspector-General of Police Douglas Kanja admitted that the police were not involved in the abductions and that investigations were being handled by the Independent Policing Oversight Authority (IPOA).

“The National Police Service appears incapable of conducting thorough investigations. This court has a duty to protect citizens by ensuring the ICC addresses these enforced disappearances,” he said.

Justice Mwamuye called for the release of those abducted, in response to a petition by the Law Society of Kenya (LSK) and Busia Senator Okiya Omtatah.

Mwamuye later summoned the Interior Cabinet Secretary Kipchumba Murkomen and IG of Police Douglas Kanja to personally appear before the court on January 8 after failing to comply with the order.

The LSK highlighted that the abductees were vocal critics of the government on social media platform “X,” which allegedly led to their high-profile abductions.

Some of the incidents reportedly occurred in broad daylight and were captured on CCTV.

Kituo Cha Sheria stated that since June 2024, many youths have been abducted for expressing political opinions.

Advocate Waringa Wahome noted that the families of the abducted individuals face emotional and physical distress due to the lack of investigations or updates from security agencies.

“Failure to expedite this case risks creating a society where constitutional rights are eroded and the rule of law is undermined,” Wahome said.

Among those missing is 24-year-old Billy Wanyiri Mwangi, who was abducted outside a barber shop in Embu on December 21.

His mother, Regina Wairimu Mwangi, was hospitalised five days later due to emotional distress.

Other missing youths include Peter Muteti, Bernard Kavuli, Gideon Kibet, Rony Kiplagat, Steve Kivango, and Kelvin Muthoni.

The court is expected to determine the urgency of the case and its potential referral to the ICC in the coming weeks.