‘It’s Only How They Do It That Has Changed’: Cry For Justice Amid Rise In Enforced Disappearance, Extrajudicial Killings

NAIROBI, Kenya, Jun 23- Cases of enforced disappearance and subsequent killings are on the rise in Kenya, despite a myriad of efforts to reverse the worrying trend, the International Justice Mission-Kenya has said.

IJM-Kenya Country Director Benson Shamalla says more families continue to be robbed of their loved ones in the hands of law enforcers, as their families and friends wait for justice, albeit for longer than expected.

For example, Shamalla pointed out the case of Francisca Monthe, who was a member of Kenya Champions for Justice and mother’s of victims who died on Wednesday.

“She passed on without finding justice for her son who was killed by police,” he said during the sixth commemoration since the abduction and brutal killing of lawyer Willie Kimani, his client Josephat Mwenda and their driver Joseph Muiruri.

Monthe waited for 7 years to get justice for her slain son but passed on before that could happen.

The three were killed on June 23, 2016, and since then, their relatives and human rights organizations have pursued “a lengthy painful wait” for justice.

A ruling is expected later in the year.

Shamalla decried that since their killings, more cases are being recorded.

“The only thing that has changed is how they do it,” he said.

Through the Missing Voices, a coalition of human rights organizations among them IJM-Kenya and Amnesty International, such cases continue to be documented.

In 2019, the Missing Voices documented 145 cases of police killings, in 2020 they recorded 158 cases and 10 cases of enforced disappearance.

In 2021, Missing Voices documented 187 cases of police killings and 32 enforced disappearance.

This year alone, Shamalla said the Missing Voices has documented 50 cases of police killings and 3 cases of enforced disappearance.

“IPOA received 123 cases of deaths by police action, 46 deaths in police custody and 28 cases of enforced disappearance in 2021 alone,” the IJM-Kenya boss said.

“The data confirms a steady increase in cases of enforced disappearance and extrajudicial killings in the country giving rise to the cry for justice now.”

During the event held at the National Museum in Nairobi, relatives of Kimani and Muiruri called on the judiciary to expedite the delivery of justice.

In the case of lawyer Kimani, Mwenda and Muiruri, 46 prosecution witnesses testified.

At least 34  defence witnesses testified.

Justice Jessie Lessit is currently analysing 117 exhibits and evidence given by 46 witnesses.

Crucial exhibits tabled before the judge by the prosecution include phone data records, mobile phone companies’ cell sites analysis and DNA samples.

Other pieces of evidence critical in the trial include a confession statement given by the fifth accused and evidence generated from CCTV cameras from the high-tech Communication Command Centre(C3) and the motor vehicle recognition technology.

The accused person are Administration Police officers Fredrick Leliman, Stephen Cheburet, Silvia Wanjiku and Leonard Mwangi.

Justice Lessit said she has written more than 6,000 pages, which she said it is the biggest file in her career.

Both prosecution and defence teams made their final submissions on February 10, with each side urging the judge to rule in their favour.

“As human rights defenders we will continue to show solidarity to the victims and survivors of this violence and call for the swift determination of their cases for justice to prevail,” Shamalla said.

During the commemoration, mothers who have lost their sons shared their agony with many saying despite the Independent Policing Oversight Authority (IPOA) documenting their cases.

Many said they were not aware at what stage or fate of their son’s files.

“The files are gathering dust in IPOA,” one said.

One whose two sons were killed was left with four grandchildren.

Government officials including the National Police Service Internal Affairs Unit attended the event.

The Law Society of Kenya also had a representative.

“Our mandate is to oversight police internally and the case of police officers against themselves,” George Mwangi, lead investigator from IAU said.

“We do not condone these cases of brutality.”

In a speech read by Mwaura Kabata from LSK, and on behalf of the society president Eric Theuri decried the rising cases of police killings.

“In a civilized society, no one is above the law,” Theuri said.

He cautioned that extra-judicial killings undermine the social order and deplete people’s confidence in the police.

LSK vowed to continue agitating for police reforms.