A legal battle is looming for the Kenyan government as lobby groups Kituo Cha Sheria and Mathare Social Justice Centre (MSJC) have petitioned the High Court to compel Attorney-General Dorcas Oduor to refer cases of enforced disappearances and abductions to the International Criminal Court (ICC).
The petition, filed on Thursday through Khaminwa and Khaminwa Advocates, argues that these alleged incidents constitute crimes against humanity under Article 7(1) of the Rome Statute. “This court has the power to command the Attorney-General to refer these crimes to the ICC as permitted under Article 14 of the Rome Statute,” the petitioners stated.
The lobbyists claim that the Kenyan police have demonstrated an inability or unwillingness to investigate the disappearances effectively. Veteran lawyer Dr. John Khaminwa pointed to Inspector-General of Police Douglas Kanja’s statement disassociating police officers from the abductions, despite the Independent Policing Oversight Authority (IPOA) launching investigations.
“It appears that the National Police Service is incapable of conducting thorough investigations,” Khaminwa remarked. “This court must act to safeguard the rights of the people by involving the ICC.”
The petition follows ongoing High Court proceedings demanding the government account for six individuals allegedly abducted during the festive season. The missing persons—identified as Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo—were reportedly detained unlawfully.
Justice Chacha Mwita, who presided over Thursday’s session, is expected to issue further directives in the coming week.
If the court supports the petition, Kenya could face intensified international scrutiny and a potential ICC investigation into alleged human rights violations. The move signals mounting pressure on the government to address claims of enforced disappearances, which lobbyists describe as politically motivated and part of a broader suppression strategy.
