Court gives police boss Kanja four days to produce three men abducted in Mlolongo
Inspector-General of Police Douglas Kanja.
What you need to know:
- Justice Mwita made the directive after the Law Society of Kenya (LSK) informed him that the three men— Justus Mutumwa, Martin Mwau and Karani Muema— were yet to be released as directed last week.
- The three men alongside Stephen Kavingo were picked up by persons believed to be police officers on December 16 and 17, 2024 at Mlolongo in Machakos County.
The High Court has given Inspector-General of Police Douglas Kanja four days to produce three men who were allegedly abducted from Mlolongo in Machakos County almost a month ago.
Judge Chacha Mwita on Monday further directed Mr Kanja and the Director of Criminal Investigations (DCI) Mohammed Amin to appear before him without fail, on Friday, January 17.
The judge expressed displeasure over the disobedience of court orders by the police chiefs, warning that he would issue sanctions against them.
“This is a grave concern that state officers, who have an obligation to uphold and defend the constitution have chosen to disregard the same,” said Justice Mwita.
Justice Mwita made the directive after the Law Society of Kenya (LSK) informed him that the three men— Justus Mutumwa, Martin Mwau and Karani Muema— were yet to be released as directed last week.
“Before citing them for contempt of court, l will give the two an opportunity, I direct the IG and DCI to release the three petitioners immediately and unconditionally or bring their bodies before this court,” Justice Mwita said.
The three men alongside Stephen Kavingo were picked up by persons believed to be police officers on December 16 and 17, 2024 at Mlolongo in Machakos County.
“It is clear that the four have been held beyond the constitutional limit. Any continued holding of the subjects is a violation of the constitution," said the judge.
Justice Mwita, in the alternative, directed the police bosses to produce the bodies of the three missing men.
The judge had directed Mr Kanja and Mr Amin to appear before him on Monday, to explain the whereabouts of the three missing men.
The two, however, failed to appear in court as directed or sent someone to represent them during the hearing.
Justice Mwita said it was unfortunate that the police bosses had failed to attend court even after being served with the court papers.
“I note with concern the absence of the Attorney General and the other parties. They haven't informed court why they are not present despite service,” noted the judge.
The judge said Mr Kavingo’s case will be handled in another petition pending before Justice Bahati Mwamuye, in a case that is scheduled for hearing on January 27.
At the same time, the Director of Public Prosecutions (DPP) Renson Ingonga unsuccessfully asked the court to be removed from the proceedings.
The DPP had argued that he had no role to play in the proceedings and his name should be struck out.
“From the orders granted and the orders sought in this petition, indeed, the DPP has no role in matters involving cases of abductions, security matters, or the arrest and detention of individuals. We therefore pray that the DPP be expunged from these proceedings,” a state prosecutor submitted.
Judge Mwita declined the request and ordered him to file a response in the case.
The court directed Mr Kanja and Mr Amin to appear before him on January 17.
