The Lower Eastern Times Opening The Third Eye
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The High Court has declined to refer cases of abductions and enforced disappearances in Kenya to the International Criminal Court (ICC), ruling that national institutions are still capable of managing such cases.
The court determined that incidents involving deaths or injuries caused by police actions during custody, and carried out by officers on duty, fall solely under the jurisdiction of the Independent Policing Oversight Authority (IPOA).
The court emphasized that no other investigative body or agency within the National Police Service has the authority to address these issues.
In its ruling, the court noted that investigations by both the police and IPOA have often led to injustice for victims and their families. It also acknowledged that the widespread and systematic nature of enforced disappearances and killings in Kenya meets the criteria for crimes against humanity.
However, despite this acknowledgment, the court rejected the petitioners’ request to refer the cases to the ICC, stating that Kenya’s national systems are still capable of handling these matters domestically.
“Kenya has not reached a point where it is incapable of addressing these issues,” the court stated.
Justice Lawrence Mugambi pointed out that there was insufficient evidence to show that Kenya’s national systems had failed to effectively handle these cases. He also emphasized that police officers should not be responsible for investigating themselves in cases of custodial deaths or injuries.
The petitioners, represented by Dr. John Khaminwa and John Mwariri of Kituo cha Sheria, have expressed their intention to appeal certain aspects of the court’s decision.
The case was brought to court by Kituo Cha Sheria, Haki Afrika, and Charles Njue, who sought to compel the government to refer Kenya’s cases of abductions and enforced disappearances to the ICC.
