MPs have backed a petition by Kituo cha Sheria Legal Advice Centre that calls for President William Ruto to institute a commission of inquiry on cases of enforced disappearances and extra-judicial killings.

The organization which says it has worked closely with families of victims of extra-judicial killings and disappearances in the country since 2007 and documented a total of 1,201 killings and 272 enforced disappearances, asked legislators to enact legislation to criminalize and prescribe penalties for the crime of enforced disappearance.

In her petition, Dr Annette Mbogo, the Executive Director of Kituo cha Sheria Legal Advice Centre says cases of extra-judicial killings and disappearances have occurred in the hands of the police and other security agencies. For instance, the petitioner says that in 2021, Kenya reported approximately 43 cases of disappearance of persons who were last seen in police custody or who were abducted by persons believed to be police officers.

 The petitioner is concerned that there is no effective legal remedy available to hold suspects accountable for forcibly disappearing victims whose whereabouts remain unknown. According to the petitioner, efforts to have the matter addressed, through filing of a constitutional petition seeking the Attorney-General to request the President to form a judicial commission of inquiry to look into the rampant cases of enforced disappearances, have not been fruitful.

While making comments on the petition, Leader of Majority Party, Hon. Kimani Ichung’wah said establishment of a commission of inquiry will help get to the root cause of forced to disappearances. He added that, “what we are calling forced disappearances are outright killings. There is no way an individual can disappear into thin air and never be found,”

Similarly, Leader of Minority Party Hon. Opiyo Wandayi said cases of enforced disappearances and extra-judicial killings needed to be addressed through the establishment of a commission of inquiry. “Even as we address future cases of enforced disappearances, we must go to the root of this matter by investigating past incidences and cases of enforced disappearances,” said Hon. Wandayi.

“I can see the petitioner is referring to police and security agents. However, be that as it may, I think this goes beyond the police and security agents. There could be people who are using these agents or agencies to effect these enforced disappearances. Therefore, it is a very timely issue that needs to be addressed with the utmost seriousness that it deserves,” he added.

Kamukunji MP Yusuf Hassan, whose constituency has borne the brunt of enforced disappearances and extra-judicial killings supported the idea of creating a commission of inquiry to investigate the disappearances and bring closure for many families who have lost their loved ones.

“Many of the people who were killed under these circumstances are people like us. They are fathers, sons, and husbands and so on. They leave behind families that are baffled and traumatized because they do not know what has happened to their loved ones,” said Hon. Yusuf.

“It is our responsibility as Members of Parliament to make sure that, in this young and fragile democracy, no Kenyan life is taken with no reason whatsoever by faceless State organizations,” he added.

 In his comments, Endebess MP Hon. (Dr) Robert Pukose said, Parliament should not only look at the extra-judicial killings in terms of police-people disappearance but also look at the Kenya Wildlife Service (KWS) rangers and Forest rangers who kill Kenyans without any proper justification. “Those are also extra-judicial killings which should be looked into. I have had several cases of KWS askaris killing people in Mount Elgon,” said Hon. (Dr.) Pukose.

The Petition stands committed to Public Petitions Committee.