The government faces accusations of defying orders to present in court individuals believed to have been seized by police officers.
The abductions of Mr Jamil Longton Hashim, 42, his brother Aslam Longton, 35 and Mr Bob Michemi Njagi are linked to recent anti-government protests.
Justice Lawrence Mugambi issued orders on Friday that the three be taken to court or their whereabouts made known. The men were abducted on August 19.
The judge termed the case filed by the Law Society of Kenya (LSK) against the government and the Directorate of Criminal Investigations (DCI) as urgent.
“Pending the hearing and determination of this application... an order is issued directing the respondents to release or produce them before any court of competent jurisdiction,” Justice Mugambi said.
Mr Manwa added that if the government and the DCI have a substantial case, the men should be taken to court.
“It is unconstitutional to be held incommunicado for days. We need to see these people in court,” Mr Manwa said.
LSK President Faith Odhiambo said the agency is on the matter and would ensure justice for the families is served.
“We have served the orders and will ensure that they are compiled. We remain committed to the defence of human rights and the rule of law,” Ms Odhiambo said.
Mr Frank Njagi, the father of Bob, said his fifth born is still missing despite the family recording a statement at Kitengela Police Station and looking for him at hospitals and mortuaries.
“We suspect his abductors are holding him away from police stations. We plead with the government to give us information on his whereabouts,” the senior Njagi said.
“We hope their abductors will set them free,” he said.
A statement was recorded at Kitengela Police Station hours before Mr Njagi and the two brothers were abducted.
Ms Melisa Lone Kirisua, a college student, was part of a group that signed a letter informing the Officer Commanding Station (OCS) of plans to hold marches in the town.
Ms Kirisua later said she realised she was being trailed by police officers and reached out to her father. They then went to Kitengela Police Station.
She refuted a statement recorded by a senior officer at the station as it appears she was out to fix Mr Njagi.
Senior officers of the regular police and the DCI were present as she recorded the statement, Ms Kirisua said.
“I was told that the statement was the only way that would make things easy for me,” Ms she told the Daily Nation.
“I never wrote that statement. The officer who recorded it said the information he was putting together was enough to have Mr Njagi apprehended.”
A detective at the station said Mr Njagi was on police radar even before he was abducted from a matatu by masked men.
“His phone was being tapped because of the planned demonstrations. However, we lost him that evening when the phone was switched off,” the officer said.
Kitengela Sub-County Police boss Patrick Manyasi did not respond to inquiries on the recorded statement. It was the same case with Kitengela DCI chief Joseph Indeke.
The Daily Nation was informed that Kitengela OCS David ole Shani is on sick leave. Acting OCS Irene Ochieng did not respond to our inquiries as well.
The Independent Policing and Oversight Authority has written to the police station demanding to know the whereabouts of the three men.
Meanwhile, it is 14 days since the abduction of the Kimanis . On August 12, 2024, Mr David Machiri Kimani – who once served as a manager at Equity Bank – disappeared from his home in Thogoto, Kiambu County.
Mr Ndegwa Njiru, an advocate, said his client went missing after the court granted him bail in the fraud case. The disappearance was reported at Kikuyu police station.
On the same day, Mr Kimani’s father – Mr Kimani Machiri – was also abducted from his home by armed men. Mr Machiri served as a ward representative in Murang’a County from 2013 to 2017.
Mr Njiru told Milimani Magistrate Geoffrey Onsarigo that he expected police to produce Mr Kimani in court.
The lawyer added that his client complied with bond terms and that it was against the law to continue holding him.
“Police officers also arrested the father of the suspect without any justification,” he told the magistrate.
Director of Public Prosecutions (DPP) Renson Igonga applied for a warrant of arrest against the two on August 16, saying Mr Kimani had jumped bail.
Mr Kimani is believed by police to be the prime suspect in the heist, which saw huge amounts siphoned from Equity Bank using his credentials.
The Kenya National Commission on Human Rights (KNCHR) recorded 66 cases of disappearances, with the cases being linked to anti-government protests that rocked the country from June.
According to the commission, at least 60 people were killed and 601 injured in clashes with the police.
Some of those that had been declared missing were found alive, though almost all of them do not want to discuss what they went through at the hands of their abductors.
According to the Missing Persons database – a website with information on disappearances – a total of 37 people have vanished since June 25.
Those still being held by police are 23, while 100 have been found alive. Eight people who disappeared were found dead.
