Crime WatchElectionsElections 2017GrapevineHomeLifestyleMain StoryNational NewsNewsPolitics
Court declines to pave orders for the Police IG and DCI appearance

The High Court has maintained its decision requiring the Inspector General of police Douglas Kanja and the Director of Criminal Investigations DCI Amin Mohamed to appear before the court in person.
It had earlier granted an order for the respondents to appear in person before the court to answer the question of the whereabouts of three men who were abducted in Mlolongo within Machakos County without any trace.
High Court judge Justice Chacha Mwita gave orders twice for the respondents to appear before him but failed to obey.
The two top security officials were required to avail the three abductees Justus Mutumwa, Martin Mwau, and Karani Muema who were abducted in Mlolongo in December 17 last year.
While giving the ruling Justice Mwita ruled, “I hereby dismiss the application by the IG and the DCI seeking suspension of orders of this court requiring them to appear before me in person to explain the whereabouts of the three abductees as lacking merit.”
The judge went on to state that he is convinced that the orders of the court and the petition were duly served through their public emails.
Justice Mwita added that the two were aware of the orders of the court that is why they sent their counsel Mr Nyamondi to make representation before him.
The respondent’s lawyer Paul Nyamodi prayed the court to give a stay order for the ruling awaiting the respondents to appeal the decision of the court.
On his part, Samson Nyamberi on behalf of the third respondent CS for Interior Security Kipchumba Murkomen had supported the application of stay orders awaiting appeal,
“Your honour we are in support of the application by the counsel for the first and second respondents to give a stay awaiting appeal,” Nyamberi submitted.
The court declined the application for stay citing that the court cannot appeal to its own ruling,
“The application for stay order awaiting appeal is hereby declined,” Justice Mwita ordered.
He affirmed on his decision that the respondents must appear in court personally.
Nyamondi prayed the court to give two weeks for them to appear in court citing that he had received information that the Inspector General will be out of the country,
Advocate for the applicants Malidzo Nyawa urged the court to maintain its ruling for the respondents to appear before the court in person and decline the application by their defence counsel Mr Nyamodi,
“My Lord I support the decision of this honourable court to decline setting aside the prayers by the respondents not to appear in court,” Nyawa submitted.
The applicants counsel submitted before the court that setting aside the ruling made by the same court is like appealing to its own decision,
“Your honour inviting the stay as prayed by the defence is making the court to sit challenging its own decision,. Giving stay to the ruling it will negate the conservatory orders,” he said.
Kanja and Amin had declined to appear in court twice following the orders to explain the whereabouts of the three Mlolongo abductees who have not yet been found.Nyamodi revealed that Kanja and Mohamed had filed an urgent application seeking to have the court’s orders compelling their appearance personally lifted.
They claimed that they were misled by the petitioners’ lawyers, who stated that they had been served with the necessary pleadings dated January 8, 2025, requiring them to produce the three individuals—Justus Mutumwa, Martin Mwau, and Karani Muema in court, alive or dead. The matter is set for mentioning on January 30, 2025.