The  National Assembly Public Petitions Committee Chaired by Hon. Nimrod Mbai has considered two petitions; one on ward-based perennial water shortage solutions and the other proposing enactment of legislation on enforced disappearances.

Appearing before the Committee Kituo cha Sheria Director, Dr. Annette Mbogoh, proposed the enactment of legislation on enforced disappearances.

Her prayer to the Committee is to criminalize and prescribe penalties for the act of forced disappearances as there is a high trend of extra-judicial killings. Currently, there are no laws holding suspects accountable even as people continue disappearing while in Police custody.

The Committee noted that the Courts shared that there’s a distinct lack of enthusiasm by the police to investigate cases of disappearance.

Members queried why only four countries in Africa have ratified the criminalization of enforced disappearances in line with “Article 4 of the Declaration on the Protection of all Persons from Enforced Disappearance.”

The Chair informed the petitioner that while their petition was good, it had significant gaps as it focused solely on the police, disregarding the involvement of terrorist organizations and other parties in the disappearance and mass killings that occur in Kenya.

“Disappearances are not necessarily facilitated by the State officers. Your agenda is just for the perpetrator and not the victim. There are other parties and bandit groups like Mungiki, and even terrorists cause enforced disappearances, ” said Hon. Mbai.

Dr. Mbogoh in her response maintained that the police were a major contributor to enforced disappearances in Kenya.  

The Committee also considered a petition by Eng. Victor Okuna who is challenging the Water Act (2016) that gives regulations on the management and usage of water resources but does not indicate how and when this clean and safe water will be supplied to Kenyans. He pointed out the poor policies and inadequate laws that mitigate droughts in the country.

Petitioner Okuna stated that North Turkana has one of the largest underground water aquifers which has the untapped potential to sort out the water shortage in the Arid and Semi-Arid Lands (ASAL) areas in Kenya.

The petitioner gave a proposal that Government should drill, equip, and solarizes at least two boreholes per ward per year to solve the perennial drought experienced in the country.