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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