The government of Kenya has denied any involvement in the disappearance of a South Sudan activist, Moris Mabior, who vanished in 2023.
In legal documents submitted on Tuesday, March 12, 2024, to the East African Court of Justice (EACJ) in Arusha, Tanzania, the government stated that Mabior was at no point under investigation by authorities and has never been a person of interest.
Anti-Terrorism Police Unit in Nairobi Chief Inspector and Commanding Officer Vitali Kibet, disclosed Kenya’s stance on the issue through an affidavit filed with the court.
“Records at the Anti-Terrorism Police Unit show that the subject has never been arrested or investigated by the police,” Kibet said.
Kibet set the record straight on behalf of the government following the complaint filed by The Pan African Lawyers Union against both the Kenyan and South Sudanese governments, in connection with the disappearance of the South Sudanese refugee.
The group of African lawyers filed the complaint in March 2023, calling for the release of Mabior who was allegedly taken by security forces from his family’s home Nairobi.
Led by the Union’s Chief Executive Officer Donald Deya, the lawyers further said that a complaint was filed for the unlawful abduction and retention of the South Sudanese refugee.
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“So, for us, what we are going for is a court order for the same that he be produced immediately and be medically examined and that he be released and if not, he should be immediately charged if there is any offense of which they are holding him, immediately be charged in a court of law where his rights will be able to be protected,” Deya said.
Mabior goes missing in Kenya
Mabior, a refugee and vocal critic of the South Sudan government who sought asylum in Kenya reportedly disappeared in February 2023.
It was alleged that he was abducted by police officers who took him from his residence along Kangundo Road in Nairobi.
At the time, his family believed he was forcibly deported to his native country where he was an outspoken critic of official abuses and corruption.
In addition, a relative said that on the fateful day, armed men who were reportedly wearing Kenyan police uniforms, abducted Mabior from his home in Nairobi and beat up his wife.
Two days later, a local South Sudanese newspaper reported that he had been “extradited to Juba to face charges” for insulting government officials, citing sources in South Sudan’s National Security Service.
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According to Humans Right Watch, Kenya is bound to the commitment of upholding the rights of refugees and asylum seekers by being a party to the 1951 United Nations and 1969 African refugee conventions.
“The principle of non-refoulement prohibits the forced return of refugees to a country where they would face threats to their lives or freedom on account of their race, religion, nationality, membership of a particular social group, or political opinion.
Countries hosting refugees and asylum seekers are also responsible for providing protection and ensuring their physical security,” Human Rights Watch notes.
Additionally, the Human rights’ group noted that should South Sudan wish to extradite a native, the extradition process should be conducted before an independent and impartial court, be legal and transparent, and should comply with the principle of non-refoulement.
