The move, spearheaded by Kituo Cha Sheria and Mathare Social Justice Centre, seeks to elevate these cases as crimes against humanity under international law.  

The organisations argue that the ongoing pattern of abductions and enforced disappearances across Kenya constitutes grave violations that require international scrutiny.

According to the groups, the ICC, established under the Rome Statute, provides a critical mechanism for addressing such atrocities when domestic avenues fail to deliver justice.  

“The High Court has a duty to exercise its authority under Article 14 of the Rome Statute,” stated Waringa Wahome, a Lawyer at Mathare Social Justice Centre, in an interview with Channel Africa on Tuesday.

“These disappearances are not isolated incidents; they represent a systematic and widespread attack on civilian populations. The state must be held accountable for its role, whether through commission or omission.”  

The groups' petition comes amid growing public concern over the rising cases of abductions and disappearances, often linked to alleged state security operations. Victims’ families and civil society organisations have frequently accused security agencies of involvement, citing cases where individuals taken by unidentified operatives later turned up dead or were never seen again.  

Wahome emphasised that these violations meet the threshold for crimes against humanity, as outlined in the Rome Statute. She added that domestic remedies have proven inadequate, with many victims’ families left in limbo due to stalled investigations or lack of action by authorities.  

The organisations also criticised the Kenyan government for failing to adequately address these cases or to protect its citizens from such gross violations.

“It’s evident that there’s a lack of political will to investigate and prosecute the perpetrators of these crimes within Kenya,” Wahome said.  

--ChannelAfrica--