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Court adjourns December abductees case as Kelvin Muthoni still missing
Lawyer had requested the judge to set aside the orders of stay and summon Kanja and Amin to tell the court where Muthoni is and what they have done so far.

The fate of one of the eight persons abducted in December last year remains unknown with the High Court being forced to adjourn the hearing of a case in which the police are required to produce them for two weeks.
When the matter came up for hearing before Justice Bahati Mwamuye, lawyers for the petitioners leaving that Kelvin Muthoni’s whereabouts remained unknown even after the release of the other seven early this month.
Senior Counsel Martha Karua and lawyers Ndegwa Njiru, Abna Mangu and Maina Ndegwa asked the court to handle the matter in an intervening nature to rescue the missing person,
“My Lord we have a request before this honourable court not to take this hearing as a normal motion and let it have an intervening nature and secure the life of this petitioner,” Ndegwa pleaded.
He reiterated that when the senior security officers appears in court the abductees are released or discovered dead.
He referred the case of the Mlolongo abductees two of whose bodies were found at the City Mortuary on the same day Inspector General of Police David Kanja and Director of Criminal Investigations Mohamed Amin finally heeded summons to appear in court.
Ndegwa said that the petitioners are desperate, hopeless and feeling naked and do not consider the proceedings to serve any purpose.
He asked the court to apply the Constitution and preserve Muthoni’s life as provided for under Article 26.
Ndegwa requested the judge to set aside the orders of stay and summon Kanja and Amin to tell the court where Muthoni is and what they have done so far.
“Your honour I pray this court to issue an order and summon the two top security officers to come before you and tell the court where applicant is and what they have done so far,” he said.
In response, Paul Nyamondi, representing the IG and the DCI, disagreed with Ndegwa claiming thet he want the court to favour the petitioners,
“Your honour the counsel want this court to deal with the matter favouring the petitioners forgetting this same court issued substantive orders of harbeous corpus,” Nyamondi submitted.
He further told the court that Ndegwa did not refer the sections of the constitution for his prayers.
Nyamondi submitted that he wrote a letter to the applicants seeking the details of Muthoni for the purpose of serving the respondents for furthering of Investigations so that they will be able to respond if summoned by the court.
He added that the respondents are on their toes Investigating the matter and the particulars will enable them to further Investigations and come up with a conclusive report.
He further told the court that he wrote a letter to Abna Mangu lawyer representing the Law Society of Kenya LSK seeking for the particulars of Muthoni.
In response, Mangu refuted to receive any letter from Nyamondi.
State counsel Mark Barasa submitted that there are orders in force restraining the respondents from arresting or prosecute the petitioners.
Danstan Omari representing Cabinet Secretary for interior Kipchumba Murkomen said they were ready to proceed with the hearing of the application since the court gave orders of service of documents on January 8, this year and no report filed in court giving reasons for non-compliance.
In determining the matter, Justice Mwamuye said that the court cannot proceed with the hearing while one of the applicant is still missing,
“We cannot set aside one file and move on with the other knowing the family to the missing person are waiting for the court to have their loved one,” he said.
He directed all parties to serve relevant documents and file their response by February 11 and set the hearing date for February 14.