Rights groups want inquiry on enforced disappearances formed

Independent Medico-Legal Unit (IMLU) executive director Peter Kiama and Program officer of forensic medical documentation Anne Masike in the past. Human rights groups have asked the government to set up a judicial inquiry into the disappearances and killings of hundreds of people. FILE PHOTO | NATION MEDIA GROUP

What you need to know:

  • International and local human rights organizations also asked the government to bring to justice all those suspected of criminal responsibility for extrajudicial executions and forced disappearances.
  • Just this month, the High Court in Nairobi found that a prominent human rights lawyer and two other men had been subjected to enforced disappearance and later executed by police.

Kenya has been asked to set up a judicial inquiry into the disappearances and killings of hundreds of people.

International and local human rights organizations also asked the government to bring to justice all those suspected of criminal responsibility for extrajudicial executions and forced disappearances.

The organizations said, during the marking of the International Day of the Disappeared, that they had documented more than 300 cases of individuals who have gone missing while in the hands of security agencies since 2009, some of whom have later been found killed.

“Enforced disappearances have become a widespread practice, and a dark stain on the fabric of law enforcement in Kenya that can only be sustainably addressed by bringing to account those suspected of responsibility through fair trials,” Independent Medico-Legal Unit (IMLU) Executive Director Peter Kiama said.

He said fair trials cannot take place without prompt, impartial and effective investigations into the myriad cases of disappearances and executions.

Just this month, the High Court in Nairobi found that a prominent human rights lawyer and two other men had been subjected to enforced disappearance and later executed by police.

The bodies of Willie Kimani, who worked for International Justice Mission, his client Josphat Mwenda and their taxi driver Joseph Muiruri, were found dumped in Ol Donyo Sabuk River in July.

They said that many of the enforced disappearances have taken place in the context of operations against perceived members or sympathizers of the Somalia-based Islamist militant group, Al-Shabaab.

“While indeed Kenya faces a real security threat from Al-Shabaab, it must not resort to unlawful responses that amount to crimes under international law and violate human rights,” National Coalition of Human Rights Defenders (NCHRD) Executive Director Kamau Ngugi said.

“It should instead insist on strict respect for human rights and due process at all times, including in its security operations. This must begin with ensuring criminal accountability for both individual police officers and their superiors who knew or should have known of the enforced disappearances and killings and failed to take all necessary measures to prevent or repress them,” Mr Ngugi said.

Kenya has signed the International Convention for the Protection of All Persons from Enforced Disappearance, but has yet to ratify it.

“Kenya must take concrete steps towards ratifying the Convention without making any reservation so as to ensure that impunity does not prevail for this cruel human rights violation,” Amnesty International Kenya Country Director Justus Nyang’aya said.