High Court judge order police boss Kanja to personally produce 7 abductees in court tomorrow
A Nairobi High Court has ordered the immediate unconditional release from custody seven youth allegedly abducted over the Christmas festivities by people suspected to be police officers and ordered police boss to personally and physically present them before court.
Justice Bahati Mwamuye of the Milimani High Court ordered the Inspector General of Police (IG) Douglas Kanja to release Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli and Kelvin Muthoni.
Justice Mwamuye further directed the IG to produce the seven at the Milimani High Court tomorrow, December 31, 2024 at 11 am.
In the event the IG fails to produce the seven “he is required to offer an explanation as to their whereabouts.” The judge ruled.
Justice Mwamuye granted a mandatory order of Habeas Corpus, demanding that the Inspector General of Police, along with other state bodies such as the National Police Service (NPS), Directorate of Criminal Investigations (DCI), and the National Intelligence Service (NIS), ensure the immediate release of the six individuals.
Failure to comply will require an explanation under oath as to their whereabouts.
Justice Mwamuye gave the orders following an application filed by various bodies and individuals, including the Law Society of Kenya (LSK), Rony Kiplangat, Steve Kavingo, the Kenya National Commission on Human Rights (KNCHR), and the International Commission of Jurists (ICJ).
Justice Mwamuye noted circumstances surrounding abductions of the said individuals have raised serious human rights concerns.
“The 9th Respondent, Douglas Kanja Kirocho, shall, in his capacity as the 1st Respondent and also in his capacity as the 9th Respondent, personally secure compliance with Orders (1) and (2) above and shall consequently personally produce the 2nd–7th Petitioners/Applicants before this Court or the Milimani High Court Criminal Duty Court on 31/12/2024 at 11:00 AM in physical/open court; and summons to that effect be and are hereby issued to him.” The judge directed earlier today.
“The respondents jointly and severally are hereby ordered to immediately and unconditionally set at liberty and or cause and secure the liberty of Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli and Kelvin Muthoni forthwith.” Justice Mwamuye ordered.
He also directed the respondents to produce in court the seven on December 31,2024.
Additionally, Mwamuye barred their arraignment in any other court.
The ruling comes amid protests by rights groups over the continuing abductions.
