The High Court has directed parties in a case where a man accused of human trafficking is seeking Sh10 million in compensation from a police officer to proceed with the main petition after earlier orders for physical service were allegedly defied.
When the matter came up for mention before Justice Bahati Mwamuye on Tuesday, the court directed that the Notice of Motion application dated September 29 be withdrawn with no orders as to costs, and that the matter proceed to hearing of the main petition.
Justice Mwamuye further ordered the officer to file his response by October 31, the petitioner to file a further affidavit and submissions by November 7, 2025 and the respondent to file rebuttal submissions by November 21, 2025.
The matter will be mentioned on December 2, 2025, for compliance and further directions
In the petition, Gituku accuses Sgt. Saima an officer attached to the Transnational Organised Crime Unit of violating his constitutional rights during his arrest and detention on allegations of trafficking adult Kenyan citizens to Russia.
He claims he was denied access to a lawyer, not informed of the charges against him, and held incommunicado while his family and advocates were kept unaware of his whereabouts.
Gituku, through his lawyer Danstan Omari, is seeking Sh10 million in compensation for what he describes as unlawful arrest, detention, and violation of his rights under Articles 49 and 50 of the Constitution.
According to an affidavit of service filed in court by licensed process server Fredrick Bikeri, efforts to trace and serve Sgt. Saima were initially unsuccessful until October 2, 2025, when the officer appeared at the Kahawa Law Courts for another hearing.
Bikeri alleges that when he presented the court order, certificate of urgency, notice of motion, and supporting affidavit to the officer, Sgt. Saima perused the documents but refused to accept service, reportedly saying, “Omari anajua mimi ni nani? Omari hajui, I’m dangerous.”
Losely translated to ” Does Omari know who I am? Omari doesn’t know . I am dangerous.”
The process server said that following the officer’s refusal despite the court’s order that service be physical he proceeded to serve the documents electronically through WhatsApp, where delivery was confirmed.
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