The High Court has issued orders directing the immediate release of six individuals who were allegedly abducted and detained by the state in December 2024.
Pressure piled on Inspector General of Police Douglas Kanja on Monday, December 30, as Justice Bahati Mwamuye summoned him to court following a certificate of urgency submitted by petitioners.
Further, the judge also barred the prosecution of the abductees as the outcome of related case filed by the Law Society of Kenya (LSK) is still pending.
The six individuals who were reportedly abducted and illegally detained include Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo.
Inspector General of Police Douglas Kanja Kirocho during a media briefing on July 23, 2024.
Photo
National Police Service
A Habeas Corpus order was also issued by the court requiring the respondents to produce all six individuals at the Milimani Law courts on Tuesday, December 31, 2024. Otherwise, authorities are expected to provide an explanation why the six are still being detained.
According to the High Court, the continued detention of the suspects was an infringement of their rights.
A conservatory order was also issued in Justice Mwamuye’s ruling barring state authorities from arresting, charging and prosecuting anyone without the court’s say-so.
“The rights of the petitioners must be protected, and any unlawful action taken by the authorities must be held accountable,” the Judge stated in his ruling.
IG Kanja, who was named as the first and ninth respondent, is now expected to present himself in court to answer some tough questions on the whereabouts of the alleged abductees to ensure compliance and avoid possible contempt.
Meanwhile, George Njao, the Director-General of the National Transport and Safety Authority (NTSA), George Njao, was also directed to appear before the court on January 3, 2025, to provide vehicle records connected to the case as requested by the petitioners in their application.
The latest ruling came barely days after the Law Society of Kenya announced legal action against multiple state agencies including the National Police Service, Directorate of Criminal Investigations (DCI), and the National Intelligence Service (NIS).
Incidentally, all these agencies have been named as respondents in the case along with Attorney General, Ministry of Interior and the Director of Public Prosecutions.
On Monday, Kenyans attempted to make their voices heard by staging anti-abduction protests in major cities in the country including Nairobi, Eldoret, Mombasa and Embu.
However, the protests encountered a familiar problem: anti-riot police arresting and detaining several protestors, including Busia Senator Okiya Omtatah.
A photo collage of Bernard Kavuli, Peter Muteti and Billy Mwangi who were reportedly abducted for sharing AI-generate images of the President.