Tasks awaiting next Attorney General in wake of anti-government protests

If approved by parliament after vetting, Attorney General nominee Dorcas Oduor will have her in-tray full and a sharp focus cast on her leadership following the mishandling of anti-government protesters by security agencies.

A lapse in law that the government through former AG Justin Muturi had pledged to address to guarantee human rights freedoms in the country is yet to be filled.

The former AG while unveiling the government's Human Rights Pledges during the celebration of the 75th anniversary of the Universal Declaration on human rights made three specific pledges that if enforced will reduce if not end cases of blatant enforced disappearances.

"On behalf of the Government and the people of Kenya, I am deeply honoured to present our human rights pledges. These pledges represent a momentous step forward in our journey towards a future where the rights and dignity of every Kenyan are respected, protected, and fulfilled," he said at the time.

The pledges included the introduction of a National Human Rights Policy and Action Plan for which Muturi said the government would develop a comprehensive National Human Rights Policy and Action Plan, dedicated to enhancing the realisation and enjoyment of rights and fundamental freedoms for all Kenyans.

The second pledge was to criminalise Enforced Disappearances.

"We pledge to enact comprehensive domestic legislation that explicitly criminalises enforced disappearances and establishes robust mechanisms for prevention, investigation, prosecution, and victim support," added the former AG.

Missing Voices Kenya, a coalition of Human Rights Organisations that tracks cases of police brutality and enforced disappearance in the country has also been pushing for the creation of national laws that criminalise Enforced Disappearances and the prosecution of officers linked with the crime and extra-judicial killings.

At the moment, data from the Kenya National Human Rights Commission shows that 60 persons are missing from the recent anti-government protests.

At the same time, human rights organisations have revealed that a total of 51 unclaimed bodies are lying at the Nairobi Funeral Home (formerly City Mortuary) with gunshot wounds.

Muturi lastly vowed to promote Social Protection by fostering gender equality and safeguarding the rights of children, people with disabilities, elderly persons, and all marginalised groups.

Human rights organisations feel that if these pledges had been actualised in time, the blatant kidnapping of persons suspected to be involved in anti-government protests would not have happened.

Protesters participate in an anti-government demonstration following nationwide deadly riots over tax hikes, in Nairobi, Kenya July 23, 2024. REUTERS

One of the mandates of Oduor as the AG will be to promote human rights and implement the Constitution, and access to justice including through the promotion of legal aid, good governance, integrity, legal education and law reforms.

Her work will be key in strengthening reforms in the justice system to rid the country of rogue elements that undermine the constitution and oversee the drafting and vetting of local and international instruments, treaties and agreements involving the Government and its Institutions.

As the lead promoter of the rule of law and defender of the public interest, many will be keen to see if, under her tenure, the country will finally ratify the International Convention for the Protection of All Persons from Enforced Disappearances (ICCPED) which the country signed in 2007.

Also under scrutiny will be checks on whether the government will establish the Coroner General's Office under the National Coroners Service Act 2017 as promised by the Ministry of Interior and National Administration in a statement earlier this month.

The Ministry had said it has recommended to President William Ruto to initiate the process of setting up the office to investigate deaths linked to police brutality.

"The Ministry has recommended to His Excellency, the President, to initiate the process of establishing the Coroner General's Office as per the National Coroners Service Act 2017 to investigate deaths, including those resulting from police action," the statement read in part.

Missing Voices has gone ahead and called for the allocation of more funding to the AG's office to allow for the implementation of the National Coroners Service Act 2017.

The government is yet to pronounce itself on the funding model for the promised office.

At the same time, its promise to ensure accountability and transparency in cases of suspicious deaths has been received with skepticism following the delayed prosecution of officers involved in the killing of protesters.