KHRC initiated court proceedings challenging the detention and incarceration of the four Kenyans namely Ravi Ramesh Ghaghda, Anthony Mwadime Wazome, Anthony Keya Munialo and Boniface Chuma Muriuki in Juba-South Sudan on ground that the rights of the arrested persons under the Kenyan Constitution, African Charter on Human and Peoples Rights and the International Covenant on Civil and Political Rights has been grossly violated by the Government of South Sudan and more specifically:
- The arrest and incarceration in military installation of the four Kenyans was oppressive and a transgression of fundamental right of equality before the law.
- The arrest and incarceration of the four Kenyans was arbitrarily done without any justification.
- The hearing and determination of the case by the High Court of South Sudan contravened the basic principles of natural justice.
- The four Kenyan’s were denied their right to communicate with an advocate, family and other persons whose assistance was needed contrary to the principles of fair trial.
KHRC seeks to demonstrate to the court the failure of the Kenyan Government to take measures to protect her national’s interest. KHRC’s position is that the Government through the Ministry of Foreign Affairs is mandated to pursue Kenya’s foreign policy in accordance with the Constitution of Kenya, with the overarching objective of protecting and promoting her nation’s interests abroad. KHRC contends that to this extent, Kenyan Government has failed in its fundamental duty to observe, protect, promote and fulfil the fundamental rights of her nationals. KHRC call upon the Cabinet Secretary Ministry of Foreign Affairs to provide information to the families of the arrested persons with respect to progress in relation to their arrest, detention and release. KHRC calls upon the judiciary to put the executive to task on the diplomatic efforts made to negotiate the release of the four Kenyans imprisoned in Juba-South Sudan.
The matter has been mention today, 27th February 2017 for directions with respect to the hearing of the matter. The courts have directed there be a further mention on th 21st of March,2017 for directions, the respondents having failed to file their respective responses.