Kituo Cha Sheria (Kituo) team led by the Executive Director, Dr. Annette Mbogoh on 18th April 2023 appeared before the Parliamentary Select Committee on Public Petitions chaired by Hon. Nimrod Mbai (MP, Kitui East) to present a public petition regarding proposed enactment of legislation on enforced disappearances. Dr
. Mbogoh, representing Kituo Cha Sheria proposed an enactment of legislation on enforced disappearances. Enforced disappearances are commonly accompanied by extrajudicial killings, tarnishing the fabric of law enforcement and the rule of law in the country. In the execution of its mandate, Kituo Cha Sheria has found that the matter of enforced disappearances and judicial killings has been particularly prominent and disturbing within our country Kenya. According to statistics from Missing Voices compiled from 2007, 256 cases of enforced disappearances have been documented and 1349 have been victims of extrajudicial killings. Yet, as it is now, the law is limited to the extent to which especially enforced disappearances can be prosecuted. It is for this reason that Kituo Cha Sheria has petitioned the parliament to the enactment of legislation to criminalize and prescribe penalties for the crime of enforced disappearances as there is a high trend of extra-judicial killings. Currently, there is no law holding suspects accountable as people are disappearing while in Police custody.
Kituo Cha Sheria team led by the Executive Director, Dr. Annette Mbogoh (2nd right) presenting a public petition regarding proposed enactment of legislation on enforced disappearances at parliament building[/caption]
The Committee acknowledged that the Courts shared that there’s a distinct lack of enthusiasm by the Police to investigate disappearance cases. However, the Chair of the committee informed Kituo that their petition was good, but it had significance regarding the involvement of terrorist organizations and other parties in the disappearance and mass killings that occur in Kenya.
“Other disappearances aren’t only by the state officers… There are other parties and bandits like the Mungiki, even terrorists who cause enforced disappearances. Every law put forth has pros and cons, we need a balance in this legislative proposal,” said Hon. Mbai.
The members of the Committee present included: Hon. Mbai Nimrod Mbithuka (MP, Kitui West), Hon. Mule Caleb Mutiso (MP,Machakos Town), Hon. Kagesi Ernest Ogesi Kivali (MP, Vihiga), Hon. Maisori Marwa Kemero Kitayama (MP Kuria East), and Hon. Nyenze Edith Vethi (MP, Kitui West). Kituo Cha Sheria team included Dr. Annette Mbogoh (Executive Director), Janet Kavulavu, Tracy Wachira and Rony Odhiambo.
