- The High Court has ruled against a push to refer police-related abduction and disappearance cases to the ICC.
- Justice Lawrence Mugambi said Kenya’s institutions are still able to handle such cases locally.
- The judge directed that only IPOA should probe police-related deaths or harm, not the police themselves.
- Although the pattern of disappearances was alarming, the court found no proof of system collapse.
- Petitioners may appeal parts of the decision they disagree with.
The push to take enforced disappearances and abduction cases in Kenya to the International Criminal Court (ICC) has failed—at least for now. The High Court, in its ruling, said Kenya still has the capacity to deal with such cases through its own legal systems and watchdog institutions.
IPOA Named as Sole Authority for Probing Police Abuses
In the decision delivered by Justice Lawrence Mugambi, the court made it clear that any deaths or injuries tied to police officers must only be investigated by the Independent Policing Oversight Authority (IPOA). The judge criticised ongoing investigations being done by police units alongside IPOA, saying this results in confusion and denies victims justice.
Court Acknowledges Seriousness but Declines ICC Referral
Justice Mugambi did recognize that the disturbing cases of enforced disappearances and extrajudicial killings in Kenya may meet the level of crimes against humanity. However, he also pointed out that the country has not yet shown a total collapse of its justice system that would force the hand of international courts.
Petitioners Wanted International Help, Cite State Failure
The case was filed by rights organisations Kituo Cha Sheria, Haki Afrika, and activist Charles Njue. Their lawyers, Dr. John Khaminwa and John Mwariri, argued that Kenya’s domestic mechanisms had failed to deliver justice, hence the need for international oversight. But the court ruled otherwise.
Petitioners Not Backing Down Yet
Even though the decision didn’t go their way, the petitioners are not letting go. They have stated that they are considering challenging certain parts of the ruling, hoping to push the conversation further.
