Daniel Bekele, HRW Africa Director

A Kenyan NGO has taken the government of Kenya before the East African Court of Justice (EACJ), an organ of the East African Community (EAC), accusing the government of failing to investigate and prosecute human rights abuses, including extrajudicial executions, torture and ill-treatment, that were allegedly committed in Mt Elgon district, western Kenya, between 2006 and 2008.

On 31 March, the EACJ heard a preliminary objection filed by the Kenyan government, challenging the court’s jurisdiction to hear the case.

Nairobi lawyer Kethi Kilonzo represented IMLU while Theresia Gathogo, a senior state counsel, represented the government of Kenya.

The Independent Medico-Legal Unit (IMLU), which provides medical and legal services to torture victims and carries out advocacy on their behalf, filed the suit in July, 2010 – accusing the government of Kenya of failing to investigate, prevent, punish or provide redress for the abuses despite express recommendations by the UN Committee against Torture and the UN Special Rapporteur on Summary Executions, Arbitrary Executions and Forced Disappearance. EACJ has no criminal jurisdiction and cannot order imprisonment, but can order remedies such as the payment of damages.

In the suit, IMLU contends that the failure to ensure access to justice violated provisions of the Treaty for the Establishment of the EAC, including Article 6(d), under which member states are bound to uphold human rights and the rule of law principles.

The suit also lists the EAC Secretary as a respondent, for failure to intervene or respond to the abuses, also in violation of the Treaty.

International NGO, Human Rights Watch (HRW), issued a statement on 30 March saying the executions, torture and ill-treatment in Mt Elgon took place during a low-intensity conflict pitting the Kenyan police and military forces against the Sabaot Land Defence Force (SLDF).

HRW’s statement obtained by the independent East African News Agency (EANA) said IMLU’s application to the court relies in part on Human Rights Watch research conducted in 2008 on violations committed by the military during a joint military-police operation dubbed “Okoa Maisha” (Save Lives).

According to HRW, the SLDF, a militia group that fought to prevent a government land redistribution scheme in Mt. Elgon, operated with impunity between 2005 and early 2008, abducting, mutilating and killing hundreds of civilians who were perceived as opponents or who merely refused to support the militia.

The subsequent military-police operation in March and April 2008 to “flush out” the militia resulted in massive human rights violations.

HRW said security agents, who also acted with complete impunity, tortured and ill-treated hundreds of detainees.

The IMLU and HRW investigated and documented accounts of extrajudicial executions and scores of enforced disappearances of persons who were in the custody of security forces.

The Kenyan government has systematically dismissed reports about the abuses by IMLU, Human Rights Watch and other non-governmental organizations, as well as the Kenya National Commission on Human Rights. It has failed to take necessary measures to ensure justice for the victims.

“The Mt. Elgon case provides an important opportunity for the East African Court to demonstrate the role that African institutions can play in combating impunity,” Daniel Bekele, HRW Africa Director said in the statement.

“We look forward to a fair hearing and a firm stand by the court against torture and extrajudicial executions in Kenya and throughout the region.”

An Arusha based human rights lawyer, who requested for anonymity, said the Mt Elgon deaths goes to indicate how the culture of impunity in our region thrives and shamelessly the government tries to get away with it.

“These sorts of violations must get visibility and dealt with squarely by our regional court (EACJ),’’ he added.

East African News Agency

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