Three investigative agencies have been allowed by the High Court to carry out parallel and independent investigations into the disappearance of four men allegedly abducted by police from their Mathare slum residence two months ago.
Justice Alexander Muteti directed the Independent Policing Oversight Authority (IPOA), the Kenya National Commission on Human Rights (KNCHR) and the Directorate of Criminal Investigations (DCI) to file a progress report on the matter in court.
“While this court is still hearing the application to compel the Inspector General of Police Douglas Kanja and Director DCI Mohamed Amin, IPOA, KNCHR and DCI are hereby directed to continue investigating the whereabouts of the four men who went missing on June 20, 2026,” ordered Justice Muteti.
Justice Alexander Muteti at the Milimani High Court on May 21, 2026.
Photo credit: Billy Ogada| Nation Media Group
The judge, however, declined to declare Section 26 of the IPOA Act and Section 30 of the KNCHR Act unconstitutional, as urged by the two agencies.
Lawyer Augustine Kipkuto for IPOA and Ms Omutiba for KNCHR had argued that the two agencies were barred by law from investigating active matters being handled by the courts.
The court heard that unless IPOA and KNCHR were allowed to proceed, the agencies would keep away from the matter until the court determines the cases.
In his ruling, the judge allowed the agencies and DCI to carry out parallel investigations, saying “it is for the benefit of the police force.”
The judge noted that Senior Counsel Paul Nyamodi had opposed declaring Sections 26 of the IPOA Act and 30 of the KNCHR Act unconstitutional, saying the court could only be moved through substantive petitions seeking such relief.
The judge declined the invitation by IPOA and KNCHR to declare Section 26 of the IPOA Act and Section 30 of the KNCHR Act unconstitutional.
“I concur with SC Paul Nyamodi that the two Sections 26 and 30 of IPOA and KNCHR can only be declared unconstitutional through substantive petitions,” ruled Justice Muteti.
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On witness protection, the judge allowed a request by the Witness Protection Agency (WPA) for the matter to be heard in-camera to protect the rights of the relatives of the missing persons who will testify in court, as well as the victims.
The judge ordered everybody except lawyers, witnesses and police officers to remain out of court.
The judge stated in his ruling that abductions of citizens are a very serious breach of human rights and that courts must come forth forcefully to defend affected persons.
He also said security agencies are required by law to spare no effort until the missing persons are found.
The judge further noted that international conventions to which Kenya is a signatory abhor all manner of inhuman treatment, kidnapping, abduction, servitude and subjecting humans to degrading conditions.
Justice Muteti said international charters require individual states to protect the rights of their citizens.
The four men were allegedly abducted two months ago, and efforts to trace and locate them in police stations, hospitals and mortuaries have been futile.
The judge heard from relatives that one of the victims was arrested at a barber shop, while another was arrested while walking home.
The hearings began in camera. The matter will be heard further on September 16, 2026.
