The High Court has declined a petition seeking to refer cases of abductions and enforced disappearances in Kenya to the International Criminal Court (ICC), affirming that national institutions remain capable of handling such cases.
Justice Lawrence Mugambi ruled that incidents involving custodial deaths or injuries resulting from police actions fall strictly under the jurisdiction of the Independent Policing Oversight Authority (IPOA), with no other police body authorized to investigate these matters. The court criticised parallel investigations by the police and IPOA, noting they often lead to injustice for victims and their families.
While acknowledging that the pattern of enforced disappearances and killings in Kenya meets the threshold of crimes against humanity, the court concluded that Kenya has not yet reached a level of systemic failure that would necessitate ICC intervention. Justice Mugambi noted the absence of sufficient evidence to prove that national mechanisms had failed, though he emphasized that police officers should not investigate their own actions in such cases.
The petitioners, Kituo Cha Sheria, Haki Afrika, and activist Charles Njue, were represented by lawyers Dr. John Khaminwa and John Mwariri. They had sought to compel the government to involve the ICC, arguing that domestic systems had proven ineffective. Following the ruling, the petitioners indicated they may appeal specific aspects of the decision.
Written By Rodney Mbua.
