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The East African Court of Justice (EACJ) scheduled a hearing for the application for interim orders under a certificate of urgency in the case of Mr. Morris Mabior Awikjok Bak, who was arbitrarily detained in Kenya and illegally deported to South Sudan. Arusha, 12th March 2024. PALU sought the following orders:
1. Provide the Court with precise and credible information as to the exact whereabouts of the subject, Mr. Morris Mabior Awikjok Bak
2. Assure the Court that the two respondent governments will immediately allow Morris’ family, friends, associates, doctors and lawyers to access him;
3. Provide the Court with the reasons for the arrest and continued detention of Morris.
A year since the application was filed, during the inter-party hearing, following a request by the counsel for the first respondent for an adjournment to a later date due to claims of not receiving documents from the applicant in due time, despite evidence submitted to the court by the applicant, the EACJ ordered the adjournment, with the parties agreeing on specific dates for each party to file their pleadings and submissions. It was further agreed to proceed in an expedited manner to avoid further delays, in the interest of justice. The dates of the re-scheduled hearing with be communicated by the EACJ Registry.
Background of the Case
On 24th February 2023, the Pan African Lawyers Union (PALU) applied for urgent Interim Orders at the First Instance Division against the Governments of Kenya and South Sudan, regarding the arbitrary arrest, unlawful detention, and enforced disappearance of Mr. Morris Mabior Awikjok Bak, who was abducted from his apartment in Chokaa, Nairobi, Kenya, on Saturday 4th February 2023.
According to eyewitness accounts, Kenyan and South Sudanese Security and Immigration officials were complicit in his abduction. It is further believed that either on Sunday 5th or Monday 6th February 2023, Morris was illegally deported to Juba, South Sudan and that to date, he remains arbitrarily detained and incommunicado at the headquarters of the South Sudan National Security Service (NSS), also known as the ‘Blue House’. His family, friends, and associates are and remain extremely concerned that his life may be in danger or that he may be subjected to torture or cruel, inhuman, or degrading treatment. To date, he has not been brought before the court by his fair trial rights.
