Paul Muite, Nelson Havi & Others Threaten Legal Action Against Murkomen for Abductions

Former Law Society of Kenya (LSK) President Nelson Havi, on Thursday, December 26, continued his onslaught on the Kenyan Judiciary system, this time targeting Interior Cabinet Secretary Kipchumba Murkomen.

Following a recent surge in kidnapping cases across the country, Havi stated that he was prepared to take legal action against Murkomen, which could potentially end the Cabinet Secretary’s political career if sufficient measures were not taken to curb the vice.

To emphasise his stance, he revealed that he had the support of several senior counsels, including former presidential aspirant Paul Muite.

“CS Kipchumba Murkomen, you know Dr Gibbon Kamau Kuria SC, Hon Paul Muite SC, Ahmednasir Abdullahi SC, and I can sign a statement on this matter of abductions and bring your legal and political career to an abrupt end. Please have the three men released immediately,” he wrote on X.

Senior Counsel Paul Muite argues in court in 2017

In another post, Havi recalled that they had previously pressured Deputy Inspector General of Police Gilbert Masengeli to release the Kitengela 3, who had been missing for over a month without explanation.

“Presidents Eric Mutua, Eric Theuri, and I successfully pursued Gilbert Masengeli to release the three men the NSP had kidnapped and detained for 31 days despite denials,” he wrote.

“Let the LSK President file a petition for habeas corpus and summon us to do the usual needful in Court and on TV.”

A writ of habeas corpus is an order given to the custodian of an individual in custody to produce the individual before the court to inquire about their detention, to appear for prosecution, or to testify.

Senior Counsel Paul Muite also expressed his support, stating: “I fully support habeas corpus petitions by the LSK and other human rights NGOs on behalf of those abducted. This is the way to go. We must NOT normalise this impunity and these constitutional violations.”

Over the past few days, politicians, religious leaders and activists have actively called upon the government to release four Kenyans who were purportedly abducted for airing their views on the government.

Two of the individuals reportedly shared offensive AI-generated images of the President, while another is known on X for producing cartoon depictions of prominent politicians.

The immediate former LSK President, Eric Theuri, also appeared to back the senior counsels, posting an update confirming that he had spoken to the parents of one of the abductees, Billy Mwangi.

“I have spoken with the father of Billy Mwangi. The frustration and hopelessness in his voice is heart-wrenching. He informs me that the mother is unwell and admitted to hospital as a result of his abduction,” he wrote.

“I have assured him that we will petition the court for a writ of habeas corpus. It’s the least we can do.”

At present, no legal action has been taken against the Interior CS or the NPS, as the latter has distanced itself from the abductions altogether.

The Independent Policing Oversight Authority (IPOA) has however noted that they have launched investigations into the matter.

President of the Law Society of Kenya, Eric Theuri, speaking at the Mediation Summit at Strathmore University on April 13, 2023.

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Eric Theuri

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