The High Court has dismissed a case that sought to have cases of abductions, enforced disappearances and killings referred to the International Criminal Court (ICC).
Justice Lawrence Mugambi, on Friday, May 9, said he could not grant orders sought by rights groups Kituo Cha Sheria and Haki Afrika, and an individual Charles Njue, "because Kenya is not a failed state." In their petition, Kituo Cha Sheria and Haki Afrika, and Mr Njue, sought orders to compel the government to refer the cases to the Hague-based court, accusing the William Ruto-led administration of failing to guarantee justice to victims and their families.
Justice Mugambi noted that the national institutions are capable of handling cases involving the abductions and killings.
A photo collage of Bernard Kavuli, Peter Muteti and Billy Mwangi who were reportedly abducted for sharing AI-generate images of the President. "Kenya has not yet reached a point where it is unable to handle such matters," Justice Mugambi said, adding: "There is insufficient evidence to demonstrate that Kenya's national systems had failed in addressing these concerns effectively." In his ruling, Mugambi said cases involving deaths or injuries resulting from police actions while suspects are in their custody, or injustices committed by the police while on duty, fall exclusively under the Independent Policing Oversight Authority (IPOA).
