A private petition was presented in the National Assembly on Tuesday, urging the Kenyan government to liaise with Uganda to have Kenyans detained and sentenced in Uganda without trial released.
Public Petition Number 49 of 2023, submitted by Loima Member of Parliament Akujaj Protus on behalf of a private petitioner, aims to halt the court-martialing of Kenyans in Uganda without involving the Kenyan government.
The petitioner specifically wants the arrested persons extradited to face trial in Kenya.
Per the petition, about 40 Kenyans were arrested and sentenced by a Ugandan court-martial in a single day, receiving prison terms ranging from eight to 40 years.
According to Section 119 of the Uganda People's Defence Forces (UPDF) Act, any person found with weapons, ammunition or equipment that is a monopoly of the armed forces will be subject to Military Law and tried by the Court Martial.
"These victims are minors and were rounded up and accused of being in possession of illegal arms and ammunition. All this was brought to the attention of the Kenyan government but nothing has been done. There is no clear information on where these Kenyans are being held and whether or not they are alive," read part of the petition.
The petitioner expressed frustration, noting that attempts to engage with the Ugandan Embassy in Nairobi had proven unproductive. The petitioner placed responsibility on the Kenyan government for the hardships faced by Kenyans in the neighbouring country.
As such, the petitioner urged the Ministry of Foreign Affairs and the Ministry of East African Community Affairs (EAC) to step in and facilitate the release of the detained Kenyans.
Additionally, the petitioner called for these two ministries to collaborate in strengthening what he described as the strained relationship between Kenya and Uganda.
Making his submissions on the floor of the house, National Assembly Minority Leader Opiyo Wandayi complained that it was unfair for Kenyans to be court-martialed in Uganda without the government making concerted efforts to help the Kenyans in question.
"We must bring an end to this situation, it is unbelievable that tens of our brothers can be court-martialed," Wandayi stated.
Turkana Central MP, Emathe Joseph Namuar, expressed concern that Kenyan citizens were being apprehended during their routine activities and subsequently subjected to court-martial proceedings without adhering to proper legal procedures.
"We want our people to be surrendered in Kenya for the lawful procedure required should be followed," he stated.
Other MPs faulted the government for failing to provide enough security in counties that border Uganda and other East African countries.
The MPs also argued that the government had not adequately ensured the availability of water in these regions, pointing out that local residents were being increasingly compelled to retreat to these countries in search of basic needs such as water and pasture for their livestock.
