President William Ruto might find himself back to the International Criminal Court (ICC) over the cases of abductions and enforced disappearances in Kenya.
Kituo Cha Sheria and Mathare Social Justice Centre have filed a petition demanding Attorney-General Dorcas Oduor to the cases of abductions to the ICC.
The two lobby groups represented by veteran lawyer Dr. John Khaminwa argue that the cases are against humanity and should be investigated.
Khaminwa said it has been well documented that critics of the current government have been unlawfully abducted and detained at secret locations by government agents.
He stated that these actions are acts of intimidation aimed at curtailing demonstrations and violating the constitutional right to freedom of expression.
“This court has the power and authority to command the respondent herein to refer what is termed as a crime against humanity to the International Criminal Court as allowed under provisions of Article 14 of the Rome Statute,” the lobbyists stated through Dr Khaminwa.
Khaminwa pointed to Article 7(1) of the Rome Statute, which categorizes enforced disappearance—when used broadly for political suppression—as a crime against humanity.
Khamniwa Bashes Police IG
Further, he cited the admissions by Inspector General Douglas Kanja that Kenya’s National Police Service is incapable of either preventing the abductions or investigating or making any arrests.
“It appears that the National Police Service is incapable of conducting investigations. This court has the duty to protect and defend the people of the republic by referring the matter of enforced disappearances to the ICC,” Khaminwa added.
He mentioned that the families of the abducted are living in emotional and physical distress due to the lack of information or investigation by national security organs.
Additionally, the petitioners urged the court to certify the matter as urgent and to dispense the application and petition as urgent.
Gachagua’s Plea to ICC
Former Deputy President Rigathi Gachagua had also asked the ICC to monitor activities over the alleged reemergence of suspected organized criminal gangs.
Gachagua told his allies to have lawyers write a letter to the ICC to prevent deaths.
He alleged that criminal gangs are being formed in some parts of the country ahead of the 2027 polls.
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Also Read: Gachagua Explains Why He Did Not Mention the Building Used to Coordinate Abductions
Gachagua told area leaders to assemble astute lawyers and begin the process of inviting the ICC.
“The ICC should not wait until crimes against humanity have been committed. Get a team of lawyers to write to the ICC to invite them to come to Kenya and make sure that the activities of criminal gangs are not allowed to take place,” Gachagua said.
He said the lawyer should document the atrocities that were previously committed by the same gangs because those were crimes against humanity.
Ocampo Six
Ruto was among the six people indicted by the ICC on charges of crimes against humanity after the 2007 post-election violence.
Former ICC prosecutor Luis Moreno Ocampo charged Ruto alongside former President Uhuru Kenyatta, Henry Kiprono Kosgey, Joshua Arap Sang, Francis Kirimi Muthaura and Mohamed Hussein Ali.
Ruto appeared in court first – in 2013 becoming the first serving official to appear at the ICC.
Also Read: Murkomen, IG Kanja Fail to Appear in Court Over Abductions
He was accused of being one of the principal planners and organizers of crimes against Mwai Kibaki (PNU) supporters, according to the ICC.
However, the Court dropped the charges against him due to a lack of enough evidence.
“On the basis of the evidence and arguments submitted to the chamber, Presiding Judge Chile Eboe-Osuji and Judge Robert Fremr, as the majority, agreed that the charges are to be vacated and the accused are to be discharged,” a statement from the ICC said.
About 1,133 Kenyans were killed and 600,000 more displaced from their homes in the violence.
KNCHR Abduction Statistics
On December 26, the Kenya National Commission on Human Rights (KNCHR) said thirteen new abduction cases were recorded between September and December 2024.
This brought the total number of abductions to eighty-two since June 2024.
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