State sued over Chris Msando, Jacob Juma and other killings

Thursday August 03 2017

Businessman Jacob Juma. He was killed on the night of May 5, 2016. PHOTO | FILE


Former Law Society of Kenya boss Apollo Mboya has sued the State over rising disappearances of people and extrajudicial killings.

The case comes on the backdrop of the murder of IEBC ICT Manager Chris Msando and KMTC graduand Carol Ngumbu.

FROM 2008

Mr Mboya on Wednesday sued the Director of Public Prosecutions, the Inspector-General of Police, the Director of Criminal Investigations as well as the Attorney-General.

He wants them ordered to produce probe reports of all missing persons and extrajudicial killings from February 2008 to date.

In his suit, he has a list of the some of the people who were either killed or disappeared without trace.


They include lawyers Albert Muriuki, who disappeared while working as a deputy director for constitutional and legislative affairs at State House, Willie Kimani, Geofrey Oriaro, Ronald Joseph Lubya and Jared Ratemo.


Mr Mboya has also named Mr Msando and Ms Ngumbu as the most recent victims, whose bodies were found in thicket in Kiambu.

Businessman businessman Jacob Juma, who was killed on the night of May 5 last year, is also on the list.

In his case documents he alleges that both Kenyan and global human rights lobbies have documented more than 300 cases of individuals who have gone missing since February 2008 and some of them who were later found dead.

He claims that the DCI and the AG have the legal instruments as well as capacity to trace or share whereabouts of missing persons.

They ought to produce such persons dead or alive, he argues.

Enforced disappearances, he says, have devastated families of missing persons and left many dependants suffering.


“The rise in enforced disappearances and extrajudicial killings in Kenya can be attributed to a culture of impunity among a section of security agencies and a lack of political will to bring errant individual to account,” Mr Mboya says.

He adds: “Unless this matter is certified urgent, many more people may continue to disappear and subsequently be killed in an unexplained circumstances because there is a potential threat to my life as well.”

The Kenya National Commission of Human rights and the Independent Policing Oversight Authority are listed as interested party in the case.

Mr Muriuki disappeared between December 20 and 30, 2013 and has never been found while Mr Ratemo was allegedly killed along Mombasa Road between July 10 and 11.


Mr Kimani disappeared and was found murdered alongside his client Josephat Mwenda and their taxi driver Joseph Muiruri in June 2016.

Mr Mboya wants the court to compel the sued parties to produce recorded footage of State House, Mombasa and Thika roads in a bid to shed light on the disappearance of some of the missing people.

He also wants the court to find that enforced disappearances and extra judicial killings have become widespread and require a judicial inquiry so as to bring to account those responsible.

He further wants his case to be heard by a three-judge bench.