Keep off Kenya, AG tells regional court
Attorney General Githu Muigai has asked the East African Court of Justice appellate section to set aside a ruling by its first division on alleged mistreatment of Mt Elgon residents.
EACJ’s First Instance Division had affirmed its jurisdiction in a matter where the Kenyan Government is accused of failing to investigate and prosecute those responsible for executions and acts of torture of over 3,000 residents in Mount Elgon.
Senior Principal Litigation Mr. Anthony Ombwayo appeared before Justices Harold Nsekela, Philip Tunoi, Emillie R. Kayitesi, Laurent Nzosaba and James Ogoola in Arusha last week on behalf of the AG.
He said the First Instance Division was wrong in ruling that it had jurisdiction to hear the matter because matters concerning human rights cannot be heard by the Court according to Article 27(2) of the East African Community Treaty.
In addition, Mr Ombwayo contended that the matter was only filed in 2010, outside the two-month timeframe provided for by the Treaty.
The Independent Medical Legal Unit (IMLU) had in 2010 sought redress for the victims of the said acts in Mount Elgon District, allegedly carried out between 2006 and 2008 and which the applicant said were in violation of the Treaty, Kenya’s laws and several international human rights conventions.
The said acts relate to the conduct of Kenya Defense Forces during the Operation Okoa Maisha meant to flush out the Saboat Land Defence Force.
During the operation, residents of Mt Elgon reportedly lost their lives and were tortured. Their houses were burnt, women and young girls were raped.
Ms Kethi Kilonzo, an advocate for IMLU, however urged the Court to uphold the ruling of the First Instance Division. She said the claimants were asking for was a declaration that the Kenyan Government’s act of failure to investigate, prosecute and punish was in contravention of the Treaty.
The court said its judgment on the matter would be delivered on notice.
EACJ is one of the organs of EAC established under Article9 of the Treaty for the Establishment of the EAC. Established in November 2001,the Court’s major responsibility is to ensure the adherence to law in the interpretation and application of and compliance with the EAC Treaty.
