The Kenya National Commission on Human Rights has challenged the arrest and detention of four Kenyans sentenced to life imprisonment by a South Sudanese court.
The human rights body told a court the Kenyan government has failed in its fundamental duty to observe, protect, promote and fulfill their fundamental rights. Anthony Mwadime, Ravi Ramesh, Boniface Muriuki and Anthony Keya were sentenced to life imprisonment for embezzlement of government funds.
They were in a group, including 12 South Sudan nationals, who were also cumulatively jailed for 67 years.
The four left Kenya in search of jobs in South Sudan and were all employees of Click Technologies Ltd, a company registered and owned by John Ogou, a politician and brother-in-law of the President of South Sudan.
KNCHR now wants the court to declare that Foreign Affairs CS Amina Mohamed and PS Monica Juma have been grossly negligent in enforcing and promoting the rights of the arrested persons as provided for by the Constitution and the international law.
The group also wants the court to order the CS and her PS to release all information in their possession concerning the arrest and detention.
“We strongly believe the case of the arrested persons mirrors the circumstances of many other voiceless Kenyan citizens, both in South Sudan and other jurisdictions.They continue to endure extreme situations of abuse of their fundamental rights, torture, inhuman and degrading treatment under the threshold of international law,” says the commission.
The documents indicate that on June 6 last year, Ramesh Ghaghda and Bhavik Ghaghda, father and brother, respectively, of Ravi Ghaghda visited South Sudan to inquire of the whereabouts and condition of their son.
On arrival at the offices of Click they discovered the premises was sealed. They were threatened and told if they continued to ask questions they would be detained. The two then flew back to Nairobi on June 8 last year.
The families claim it has never been made clear to them what charge they were arrested and incarcerated for.
However, inquiries from Cleland Leshore, from the mission in South Sudan revealed that they had been arrested for defrauding the South Sudan government $200,000,000. On June 16, and on June 18, a family member wrote to the Foreign ministry, seeking assistance to have Ravi and his colleagues released.