In what appears to be a blatant disregard for the rule of law and fidelity to the Constitution of Kenya, Inspector General Douglas Kanja and Directorate of Criminal Investigations boss Mohammed Amin have yet again skipped a court session in which they were ordered to appear.
The two were scheduled to appear before Justice Chacha Mwita at the High Court in Nairobi on Monday morning to address inquiries regarding the whereabouts of four individuals abducted in Kitengela.
The four Kenyans, Stephen Mbisi Kavingu, Martin Nyukwa Mwau, Kalani Mwema, and Justice Mutumwa, have been missing for nearly a month after they were abducted on December 16 and December 17 last year at different locations on the outskirts of Nairobi.
The two police bosses were to appear before Justice Mwita following an earlier petition where the Law Society of Kenya (LSK) had moved to court for an order directing them to produce the four individuals in court.
(Left to Right) General Service Unit Commandant Ranson Lolmodooni, DCI Director Amin Mohammed and Inspector General of Police Douglas Kanja during a press briefing in Nairobi on December 4 at Harambee house.
Ministry of Interior
”That in the alternative, an order of habeas corpus is hereby issued directing the Inspector General of Police and the Director of Criminal Investigations to personally produce the bodies of Justus Mutumwa, Martin Mwau, Karani Muema, and Stephen Kavingo before this court on January 13, 2025, at 10 am” Justice Mwita ruled.
Following the petition by LSK, Justice Mwita ordered the duo to secure the release of the four arguing that their continued detention was against the law.
”This matter, coming up for directions on the Notice of Motion and petition both dated 8th January 2025 before Honourable Justice E.C. Mwita and upon reading the pleadings and supporting documents, it is clear that the subjects who were arrested on 16th and 17th December 2024 have been held beyond the constitutional limit. Any continued holding of the four subjects is a violation of the constitution, the supreme law of the land, and is unmitigable,” he added.
”That a conservatory order is hereby issued directing the Inspector General of Police and the Director of Criminal Investigations, in their official and personal capacities, to immediately and unconditionally release Justus Mutumwa, Martin Mwau, Karani Muema, and Stephen Kavingo,”
Consequently, Justice Mwita has ordered Kanja and Amin to appear in court in person on Friday 17, at 10 am without fail.
On January 8, the seemingly ‘defiant duo’ of Kanja and Amin failed to appear before Justice Bahati Mwamuye of the same court division, to respond to questions regarding the abduction of seven people in a case filed by the Law Society of Kenya (LSK), among others.
In his ruling, Justice Mwamuye summoned the two to appear at the next hearing scheduled for January 27, warning that failure to attend would result in their imprisonment.
”If the Inspector General of Police, Douglas Kanja, misses the third hearing, I will have no option but to cite, convict, and sentence him on the spot,” ordered Justice Mwamuye.
Kanja and Amin have been having trouble appearing at the court, last month they were ordered by Justice Diana Kavedza to produce six suspects who were abducted in December 2024. The orders required that the victims be produced before the court on December 31, 2024, but this did not happen.
The matter was then referred to Justice Mwamuye, who ordered the two to appear in court today and explain why they should not be held in contempt for failing to comply with the orders. However, the two failed to appear, and Kanja’s counsel requested a 14-day extension to provide their responses.
Kanja informed the court that he was attending to matters of national security through his lawyers.
Inspector General of Police Douglas Kanja during a recent media engagement on December 20, 2024.
NPS