BY THOMAS KARIUKI
Religious leaders have condemned ongoing killing of Muslim men which they are certain are “officially authorized at the highest levels as part of a government policy to kill”
On his official twitter page, Senior Counsel Ahmednasir Abdullahi representing families of the victims says that extrajudicial killings of Muslim men in Kenya has now met the test of crimes against humanity. “Bensouda must open preliminary investigation.”
He also claimed that a senior retired police officer during the Kibaki government has been appointed by the present rule as head of a special unit in charge of extrajudicial killings of Muslims.
“On behalf of Muslim leaders, cleric and civil society, I have instructions to serve 21 days notice to the DPP (director of public prosecution) to prosecute 12 top officials of the GOK (government of Kenya)” he said.
The lawyer also warned that failure of the DPP to act, his clients would petition the prosecutor of the international criminal court, ICC to investigate the matter.
Similarly, lawyer Ahmednasir claimed that an alleged government policy of extrajudicial killings of Muslims target a specific ethnic/religion.
Demonstrating the gravity of the alleged executions, lawyer Paul Mwangi commented on the post saying that the continued disappearance of Muslims in Kenya is an international crime against humanity.
He went on to quote an international declaration on the protection of all persons from enforced disappearance adopted by the General Assembly of the United Nations in its resolution 47/133 of December 18 1992.
According to the resolution, no one shall be subjected to enforced disappearance and no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency may be invoked as a jurisdiction for forced disappearance.
Speaking at Mombasa where he met security agencies, Internal Security Cabinet Secretary Joseph Nkaissery cautioned that the killings and mysterious disappearance of terror suspects and Al-Shabaab returnees must stop.
The CS also instructed investigators to probe allegations by scores of families living at the coast that police officers could be behind the acts.
A fortnight ago, Kaya elders voiced their frustration claiming that over 50 youths suspected to be members of the Mombasa republican council, MRC had gone missing.
The elders believed that the government had a hand in the disappearance pleading for the whereabouts of their missing youths.
While responding to the accusations leveled against officers, CS Nkaissery told security agencies that they are deployed to provide security to the citizens, “that is their cardinal responsibility, not to make them disappear.”
CS Nkaissery also extended the amnesty period for returnees stating that the government had made substantial success calling on others to come home.
“I informed the security team that we should welcome them, the issue of harassment, I have given instructions that the youth who surrender should be give warm reception and we debrief them,” the CS said.
During the visit, CS Nkaissery also gave a clean bill of health to two NGOs Muhuri and Haki Africa which had been blacklisted by the government on allegations that they were funding and aiding terrorists.
Lawyer Mwangi while quoting the declaration said, “For the purpose of this convention, enforced disappearance is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the state or by persons or groups of persons acting with authorization, support or acquiescence of the state, followed by refusal to acknowledge the deprivation of liberty or the concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.”
The declaration also states that no order or instruction from any public authority, civilian, military or other may be invoked to justify an offence of enforced disappearance.
Lawyer Mwangi also reminded the alleged perpetrators that any person who commits, orders, solicits or induces the commission of, attempts to commit is an accomplice to or participates in an enforced disappearance.