Torture victims take State to court

By Evelyn Kwamboka

The Government has been sued at the East Africa Court of Justice (EACJ) over the torture of 3,000 people in Mt Elgon District.

The victims moved to the court through the Independent Medical Legal Unit (IMLU) after the State allegedly failed to take action against security officers who committed the offences.

If found guilty, they want the court to declare that failure by the State to promptly and impartially investigate those who carried out the executions is in breach of the treaty of the establishment of the East African Community.

Ms Kethie Kilonzo, IMLU’s advocate, said they also want the court to declare that failure by the Government to compensate the victims of torture and families of those allegedly executed in Mt Elgon, is in breach of the treaty and its fundamental principles.

The move comes barely a week after the East African Community opened its boarders to its citizens as a way of embracing a common market.

The treaty for the establishment of the East African community provides that the community shall ensure the promotion of peace, security and stability within the partner States.

Those sued are the Attorney General Amos Wako, Chief of General Staff of the Armed Forces Jeremiah Kianga, Police Commissioner Mathew Iteere and the East African Community Secretary-General Juma Mwapachu.

Treaty contravened

The application filed at the EACJ registry is on grounds that the Government has not taken any action to ensure prompt and impartial investigations of atrocities against more than 3,000 people in Mt Elgon District between 2006 and 2008.

"The Government has not taken any administrative, judicial or other measure to prevent or punish the executions and actions of torture in contravention of the fundamental principles of the treaty," said Kilonzo.

Field documentation conducted by IMLU indicated Saboat Land Defence Force (SLDF) was formed to terrorise and execute Mt Elgon residents as a result of land settlement schemes.