High Court Declines ICC Referral in Kenya Disappearance Cases

NAIROBI — The High Court has declined to refer cases of enforced disappearances and abductions in Kenya to the International Criminal Court (ICC), asserting that national institutions remain capable of handling such matters.

In a ruling delivered by Justice Lawrence Mugambi, the court emphasized that deaths or injuries inflicted by police officers while individuals are in custody fall squarely under the jurisdiction of the Independent Policing Oversight Authority (IPOA). The judgment underscored that no other investigative body within the National Police Service is authorized to probe these cases.

The court raised concerns over parallel investigations conducted by the police and IPOA, noting that such duplications have often led to justice being denied to victims and their families. While the court acknowledged that the widespread and systematic nature of enforced disappearances in Kenya meets the threshold of crimes against humanity, it found that Kenya has not yet demonstrated an inability to address these issues internally.

“Kenya has not yet reached a point where it is unable to handle such matters,” Justice Mugambi ruled, adding that there was insufficient evidence to show systemic failure of national mechanisms. He also noted that police officers should not be allowed to investigate custodial deaths or injuries involving their colleagues.

The case was brought to court by rights organizations Kituo Cha Sheria, Haki Afrika, and petitioner Charles Njue, who sought to compel the State to refer the cases to the ICC. They were represented by Dr. John Khaminwa and John Mwariri. The petitioners have expressed intentions to appeal parts of the judgment.

Meanwhile, the court reiterated IPOA’s exclusive mandate in investigating alleged police misconduct, reinforcing calls for accountability within the security forces.