NAIROBI, Kenya – The High Court of Kenya has declined to refer cases of abductions and enforced disappearances to the International Criminal Court (ICC), affirming that national institutions are still capable of handling such matters.
The court emphasized that cases involving deaths or injuries resulting from police actions while in custody fall under the jurisdiction of the Independent Policing Oversight Authority (IPOA).
The ruling came after a petition by human rights organizations, including Kituo cha Sheria, Haki Afrika, and Charles Njue, who sought to have Kenya’s systemic abductions and disappearances referred to the ICC for investigation.
However, the court found that there was insufficient evidence to show that Kenya’s national systems were incapable of addressing these issues.
Justice Lawrence Mugambi pointed out that the parallel investigations carried out by the police and IPOA have yet to demonstrate that the country’s judicial systems are overwhelmed by these cases.
The court also acknowledged that the widespread and systematic nature of enforced disappearances and killings in the country met the threshold of crimes against humanity.
Despite this recognition, it determined that Kenya’s domestic systems remain able to address the crimes.
The court further highlighted that police officers cannot investigate themselves in cases involving custodial deaths or injuries.
The petitioners, represented by prominent lawyers Dr. John Khaminwa and John Mwariri, have expressed intentions to appeal certain aspects of the decision, leaving the door open for further legal proceedings.
