Attempts by Inspector General of Police Douglas Kanja and Directorate of Criminal Investigations (DCI) boss Mohamed Amin to avoid court have been thwarted after the High Court ordered them to appear in person on January 30, 2025, to explain the whereabouts of three men abducted in Mlolongo, Machakos, last December.
Justice Chacha Mwita dismissed an application by the two police chiefs seeking exemption from court attendance, arguing that they were unaware of who arrested the three men or where they were being held.
The court order follows IG Kanja's recent statement expressing his willingness to appear and provide an explanation regarding the abductions of Justus Mutumwa, Martin Mwau, and Kalani Muema, who were reportedly arrested by individuals believed to be police officers on December 16, 2024.
Abductions: IG Kanja changes tune, says he'll be in court on January 27
"I will appear personally, and we will be there with you. Investigations are at an advanced stage in all reported cases of missing persons. I have instructed the DCI and his team to conduct thorough investigations and bring them to a conclusion," Mr Kanja stated on Tuesday.
After the court order, Mr Kanja reiterated his respect for the rule of law and commitment to compliance.
"I want to emphasize my unwavering respect for the rule of law and my willingness to comply with court orders," he said.
His lawyer, Paul Nyamodi, assured the court that Mr Kanja would attend within seven days.
Justice Mwita directed both Mr Kanja and Mr Amin to appear in person to confirm whether they had complied with court orders to release the abductees.
"In the event of non-compliance, they must explain the difficulties encountered in effecting the court order," ruled Justice Mwita.
Dismissing their application to be exempted, Justice Mwita affirmed that the Law Society of Kenya (LSK) had properly served the court orders through their recognized public emails.
He noted that the two police chiefs were aware of the orders, as evidenced by their legal representation in court.
"I am convinced that LSK properly served the orders requiring Kanja and Amin to appear before this court and release the three abductees from wherever they are being detained," the judge ruled.
Mr Kanja and Mr Amin had sought to have the court orders vacated, claiming they were not properly served and had been condemned unheard. They also protested the January 8, 2025, directive to unconditionally release the abductees and present them in court, dead or alive.
Justice Mwita had previously ordered their appearance on January 13, 2025, warning of contempt of court proceedings in case of non-compliance.
However, Justice Mwita emphasized the court's obligation to protect the rights and lives of the missing individuals, whose families remain in anguish over their whereabouts.
The judge also rejected a request to stay the ruling pending an appeal at the Court of Appeal, affirming that the two must attend court as directed.
Lawyer Nyamodi maintained that his clients were unaware of the abductions and that the missing individuals were not in police custody.
He added that Mr Kanja and Mr Amin were prepared to present updates on the ongoing DCI investigations within seven days.
Justice Mwita ordered their mandatory court appearance on January 30, 2025, and directed the immediate and unconditional release of the abductees, who must be presented in court alive or dead by Thursday next week.
This ruling comes just hours after another judge, Justice Bahati Mwamuye, temporarily suspended orders requiring the two police bosses to appear before him on January 27, 2025, regarding the abductions of seven other young men.
Justice Mwamuye had ordered their appearance over the cases, including that of Mbisi Kavingo, who has never been freed, and Kevin Muthoni. Six of those abducted in December 2024 have since been released, including Billy Mwangi from Embu County.
