A/HRC/19/58
Kenya
Number of
outstanding
cases at the
beginning of the
period under
review
Cases transmitted to the
Government during the period
under review: 0
Cases clarified during the period
under review: 0
Cases sent under
the urgent action
procedure
Cases sent
under the
standard
procedure
Government
Non-governmental
sources
Number of
outstanding cases
at the end of the
year under review
0
0
0
0
0
0
Number of cases on which the
Government has replied
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month rule)
N/A
N/A
N/A
Government response
N/A
General allegation
Yes
Government response
No
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Invitation extended
N/A
N/A
Urgent Appeal
General Allegations
Summary of the general allegation
360. Information was submitted by sources concerning obstacles encountered in the
implementation of the Declaration on the Protection of All Persons from Enforced
Disappearance in Kenya. This information was transmitted to the Government on 9
September 2011, after the Working Group’s ninety-third session.
361. The source informed the Working Group that, between 2006 and 2008, hundreds of
enforced disappearances were perpetrated in the Mt. Elgon district. These enforced
disappearances took place in the context of the conflict that occurred between State
authorities and the Sabaot Land Defence Forces (SLDF). It was reported that most of the
disappearances were carried out in 2009 when the Government launched a joint militarypolice operation, called ―Okoa Maisha‖, against the SDLF. According to sources, most
males in Mt. Elgon district, sometimes even children, were arrested and detained by
security forces and often subjected to torture. It appears that those who died were thrown
into mass grave sites. Reportedly, those grave sites are not protected and have not been
exhumed for the purpose of identifying the remains contained therein.
362. It was alleged that no serious investigations of those disappearances were conducted.
The events of Mt. Elgon are excluded from the mandate of both the Commission of Inquiry
into the Post Election Violence Experience in Kenya after the General Election (CIPEV)
and the Truth, Justice and Reconciliation Commission (TJRC). Furthermore, it was also
alleged that the court summons delivered by a pre-trial chamber of the International
Criminal Court against six individuals does not encompass the events that occurred at Mt.
Elgon.
363. The source alleged that the Criminal Code of Kenya does not contain an autonomous
crime of enforced disappearance. It also supports the view that the criminal code does not
exclude statutory limitations as far as enforced disappearances. Reportedly, the families of
the persons subjected to enforced disappearances were threatened to not report violations
79
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