High Court rejects ICC referral in Kenya disappearance cases
Justice Mugambi said the evidence presented did not demonstrate that Kenya’s institutions had failed in their responsibilities.
The High Court has ruled that Kenya’s justice system remains capable of addressing cases of abductions and enforced disappearances, turning down a petition to refer such cases to the International Criminal Court (ICC).
In a decision that highlighted the seriousness of police-related abuses on Friday, the court found that enforced disappearances and killings in Kenya have taken place in a widespread and systematic manner, meeting the legal definition of crimes against humanity.
However, it declined to escalate the matter to the ICC, saying the threshold for such international referral had not been met.
"Kenya has not yet reached a point where it is unable to handle such matters," the court ruled, noting that national systems are still functional and have not failed to act on these cases.
The case had been filed by Kituo Cha Sheria, Haki Afrika, and Charles Njue, who wanted the government compelled to refer the country’s abduction and disappearance cases to the ICC.
The petitioners were represented by lawyers Dr. John Khaminwa and John Mwariri.
Justice Lawrence Mugambi said the evidence presented did not demonstrate that Kenya’s institutions had failed in their responsibilities.
He added that although the cases involved serious violations, the local mechanisms for justice remain intact and are still the first line of action.
The judge also stated that where police officers are suspected of causing deaths or injuries while on duty or in custody, the Independent Policing Oversight Authority (IPOA) has the sole mandate to investigate.
According to the court, no other body within the National Police Service has the authority to handle such cases.
Justice Mugambi underlined that officers cannot be allowed to investigate themselves in cases involving death or harm to persons in their custody.