Court: Abduction cases to be heard on January 8
Top row (from left): Steve Mbisi, Bernard Kavuli and Gideon Kibet. Bottom row (from left): Billy Mwangi, Peter Muteti Njeru and Rony Kiplang'at
What you need to know:
- High Court judge Alexander Muteti, who was trying two cases filed by Busia Senator Okiya Omtatah and the Law Society of Kenya (LSK), on Friday directed that they be placed before Justice Bahati Mwamuye, who is hearing other cases against Mr Kanja.
- “To avoid issuance of conflicting orders regarding the same subject for the release and production in court of the six abductees, I hereby direct the matters before me to be placed before Justice Mwamuye for hearing and determination,” Justice Muteti ruled.
A judge has ordered all the cases filed against the Inspector General Police IG Douglas Kanja over the abductions of six men last year to be heard on January 8, 2025.
High Court judge Alexander Muteti, who was trying two cases filed by Busia Senator Okiya Omtatah and the Law Society of Kenya (LSK), on Friday directed that they be placed before Justice Bahati Mwamuye, who is hearing other cases against Mr Kanja.
“To avoid issuance of conflicting orders regarding the same subject for the release and production in court of the six abductees, I hereby direct the matters before me to be placed before Justice Mwamuye for hearing and determination,” Justice Muteti ruled.
The judge made the orders when the cases filed by Mr Omtatah and the LSK were mentioned before him for directions.
Justice Muteti was told that the six— Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli, and Kelvin Muthoni— are yet to be released by police.
Mr Omtatah, through lawyer Felix Keaton, and the LSK, through lawyers Hosea Manua and Abner Mango, had asked Justice Muteti to refer the two cases to Justice Mwamuye for hearing and determination alongside others listed for hearing on January 8, 2025.
On December 31, 2024, Justice Mwamuye directed the cases filed by the LSK, the Kenya Human Rights Commission, International Commission Jurists Kenya Chapter (ICJ), and the Bloggers and Cartoonists lobby groups against the IG be heard on January 8, 2025.
The judge directed all lawyers in the petitions, led by Senior Counsel Kalonzo Musyoka, Martha Karua, Kabata Mwaura, and Victor Kamau to file evidence in the matters on or before January 7, 2025.
In the meantime, the IG has avoided being thrown into jail for contempt after failing to present the six abductees at any High Court.
While granting the IG seven days to file a detailed explanation as to why he did not produce the six abductees in court on December 31, 2024, Justice Mwamuye ordered him to appear before any High Court in Kenya.
“There is still room for the IG to vindicate himself by presenting the six abductees in any High Court to avoid penal consequences,” Justice Mwamuye stated on December 31, 2024.
The judge declined a plea by lawyer Paul Nyamondi to give a representative of the IG an opportunity to explain the position of the six abducted young men.
“My orders were very clear that the IG attends court today (December 31, 2024) to explain why the six were abducted,” the judge stated.
He added that the IG was to produce the six in court which “he did not.”
“As the head of public security, the IG knows everything, so he knows where the abducted young men are being incarcerated,” Ms Karua submitted.
Mr Musyoka said it is quite frightening for the IG to claim that he knows nothing about the whereabouts of the six young men, yet constitutionally he is the one vested with the safety of everyone in Kenya.
“Then how safe are we if the IG is not aware of what is happening within the police force,” Mr Musyoka wondered.
