The High Court has ruled that all cases of enforced disappearances, extrajudicial killings, and serious injuries inflicted on civilians during police operations or while in custody must be investigated solely by the Independent Policing Oversight Authority (IPOA).
Justice Lawrence Mugambi has ordered that no agent or unit within the National Police Service, including the Directorate of Criminal Investigations (DCI) and the Internal Affairs Unit (IAU has the legal authority to handle such investigations.
The court found that the scale and pattern of police abuses, including killings and disappearances, meet the threshold of crimes against humanity due to their widespread and systematic nature.
However, the court rejected a request by petitioners, namely Kituo cha Sheria, Haki Africa, and Charles Njue to refer the matter to the International Criminal Court (ICC), stating that Kenya’s national institutions have not failed in their mandate.
“Kenya has not yet reached a point where it is unable to handle such matters domestically,” the court said.
Justice Mugambi observed that there is insufficient evidence showing that Kenya’s national systems have failed to address these issues effectively.
He stressed that police officers cannot investigate themselves in cases involving enforced. By Nancy Gitonga, The Standard
