The High Court has granted the Inspector General of Police Douglas Kanja and Directorate of Criminal Investigations (DCI) boss Mohamed Amin six days to explain the whereabouts of three men abducted in Mlolongo, Machakos County, on December 14, 2024.
On Friday, Justice Chacha Mwita extended orders issued on January 8 and reiterated on January 13, requiring the IG and DCI to produce, dead or alive, Justus Mutumwa, Martin Mwau, and Karani Muema.
Stephen Mbisi and Kevin Muthoni, who had been abducted with the three and are still missing, were dropped from the current case now having the Mlolongo three because they have another case pending before Judge Bahati Mwamuye, and which is listed for hearing on January 27.
The new deadline for compliance on the Mlolongo three case for the police and DCI bosses is January 23, 2025.
Justice Mwita will decide whether to vacate the orders compelling the two security chiefs to appear in court and whether to suspend orders requiring the release of the missing individuals.
Additionally, the court will rule on whether the January 8 and 13 orders were properly served.
"Pending determination of whether this court’s orders were properly served, I hereby extend the orders," said Justice Mwita.
The IG and DCI had earlier on Friday January 17 filed an urgent application seeking to set aside the orders requiring their personal appearance, arguing they were not served with the petition and were not given an opportunity to present their position.
"Unless this application is certified urgent and heard promptly, there is a danger of grave miscarriage of justice," they stated.
Interior Cabinet Secretary Kipchumba Murkomen has also filed an application to be removed from the case, asserting his role in the ministry is limited to policy, advisory, and oversight, and does not involve security operations.
The IG and DCI, represented by lawyer Paul Nyamodi, argued that the January 8 orders were not properly served.
Mr Nyamodi maintained that service via email is not legally recognized and urged the court to dismiss any penal consequences for non-compliance.
"The petitioners failed to prove the legitimacy of the emails used to send the court orders," Mr Nyamodi argued.
However, the petitioners' lawyer, Noel Oduor, insisted electronic communication is legally recognized and that service was properly effected.
Drama erupted at the Milimani Law Courts as relatives of the abductees were barred by administration police from attending proceedings.
Makueni Senator Dan Maanzo, representing the families, raised the issue, stating that mothers, aunts, and sisters of the missing men were denied entry.
Justice Mwita directed the Deputy Registrar of the High Court to ensure access for the relatives, while advising Senator Maanzo to formally raise the complaint with the registrar. The families of the missing men expressed their anguish.
Malia Muema, the mother of Karani Muema, broke down in tears, saying she travelled from Katangi in Machakos County expecting to see her son but left heartbroken.
“I woke up at 4am and boarded a matatu to Nairobi, hoping to reunite with my son. I am traumatized—I don’t know whether he is dead or alive,” she said.
Karani’s sister, Monicah Mwende, described her brother as a law-abiding vendor of ladies' bags and alleged he was abducted by hooded, armed men driving an unmarked vehicle.
“The captors looked like police officers. If my brother has broken the law, he should be charged, not held incommunicado,” she said.
Ms Mwende added that the family has been unable to work since the abduction and has searched hospitals, mortuaries, and police stations in vain.
Senator Maanzo called for public vigilance, urging citizens to intervene if they witness similar abductions.
"If members of the public can arrest these armed abductors, this menace will be stopped," he said.
The case continues as families and lawyers seek accountability and answers regarding the missing individuals.
