Civil society asks High Court to refer abduction cases to ICC

Senator Okiya Omtatah (centre) and other protestors during anti-abduction demonstrations at Aga Khan Walk, Nairobi on December 30, 2024. [Kanyiri Wahito, Standard]

Civil Society groups have asked the High Court to refer abduction cases to the International Criminal Court (ICC).

In an escalation of the disputes surrounding the whereabouts of six abductees, a new case was filed on Thursday asking the court to find that security agencies are unable to resolve the problem.

Two human rights groups- Kituo cha Sheria and Mathare Social Justice Centre in their joint case filed before High Court Judge Chacha Mwita want the abductions and enforced disappearances under the Kenya Kwanza government to be investigated and prosecuted in the ICC.

They sued the Attorney General arguing that the Inspector General of Police had allegedly admitted that the police did not know who are the abductors and whereabouts of abductees.

Their lawyer Dr John Khaminwa said that the abductions qualify to be crimes against humanity.

He said that only the ICC prosecutor can help Kenyans resolve the mystery and punish those at the heart of it.

“With the admission from the Inspector General of Police that the National Police Service cannot investigate the recent spate of abductions nor make any arrests it is clear that the National Police Service is failing in its duty to protect the people in the Republic,” argued Khamimwa.

He argued that the police should have already traced the victims and apprehended the culprits.

Nevertheless, Khamimwa said that the Kenya Kwanza administration has since June 2024 failed to bring to book those behind the abductions.

He cited abductions during the Gen-Z protests, the killing of youths by police officers and others maimed, as the government’s failure to tame lawlessness.

“The duty of any civilized government at the first instance is to protect its citizens from any harm caused by any of its actions. That as it appears that the National Police Service is incapable to conduct the investigations this court has the duty to protect and defend the people of the Republic by referring the matter of the enforced disappearances to the International Criminal Court,” argued Khaminwa.

Billy Mwangi has been missing alongside Peter Muteti, Bernard Kavuli, Gideon Kibet Bull and his brother Ronny Kiplagat, and Steve Kavingo for 11 days.

Khaminwa claimed that the government was behind the abductions. He said the abductions are meant to silence those who are vocal against the President William Ruto-led administration.

“It has been well documented that critics of the Government of the day have been unlawfully abducted and held at secret locations by Government agents as an act of intimidation to curtail demonstrations and their constitutional right to freedom of expression. Families of the abducted victims are living in emotional and physical distress for the lack of information or investigation by national security organs,” he claimed.

Mathare Social Justice coordinator Gacheke Gachihi in his affidavit told the court that the government was aware of the abductions but was unable or unwilling to intervene.