The High Court Wednesday ordered the Inspector General (IG) Douglas Kanja and the Director of Criminal Investigations (DCI) Mohammed Ibrahim Amin to appear in court on January 27, at 9:30 a.m. to give a report on recent abductions
High court judge Bahati Mwamuye warned failure to comply with the order could result in sentencing and conviction.
This is after the duo failed to personally appear in court on Wednesday following a court order.
Their lawyer Paul Nyamodi told the court that IG Kanja was unable to attend court due to an urgent security meeting.
Petitioners through their lawyer, Senior Counsel Kalonzo Musyoka told the court the matter could not proceed if the police boss was not personally present in court.
The judge said the situation had left him with only three options which included to cite the IG for court contempt, issue a warrant of arrest and sentence the officer to jail.
“But I will not do that now. I will give the IG a last chance to appear before this court before I opt for the first option and invite him for mitigation before sentencing,” Justice Mwamuye said.
Nyamodi in his application to the court, sought 14 days to allow for the recording of statements from the four petitioners, who are currently at liberty.
He told Mwamuye that the process might yield critical leads in the search for one of the abducted victims, whose whereabouts remain unknown.
The court was informed that investigations into the matter are ongoing, and the additional time would allow the team to both gather evidence and finalize their inquiries.
“My clients are as interested to find out the whereabouts of the 7th petitioner, the 2nd to 6th are at liberty. They believe they have useful information that will assist in the resolution of this matter bearing in mind that the purpose of the attendance of the IG was and is to produce the 2nd to 7th petitioners,” said Nyamodi.
Kalonzo on his part urged the court to grant them a day to take all the necessary statements
“We urge that you consider this Friday for convening for further directions,” he said.
The court however set strict timelines for the filing and exchange of documents.
Petitioners and supporting parties have until the close of business on January 15, 2025, to file and serve supplementary affidavits.
Meanwhile, respondents and opposing parties must submit their responses and supporting documents by January 22, 2025.
Additionally, the 8th respondent has been instructed to submit their filings as affidavits or annexures.
To ensure smooth coordination, the petitioners must designate a contact counsel who will liaise with respondents and interested parties regarding appearances for petitioners 2 to 7.
The matter will be mentioned before the Deputy Registrar on January 23 at 9:00 a.m. to confirm compliance with the filing deadlines.
Another mention is scheduled before the court on January 24, with virtual attendance permitted only in exceptional circumstances.
Hearing will be on January 27.
In the petition, Law Society of Kenya (LSK) said the abductions were conducted in dramatic fashion and in broad daylight, some under the glare of CCTV footage.
“The abductions have been conducted by men who conceal their identities by wearing civilian clothes, hoodies and face masks with motor vehicles normally linked to police operations,” the petition stated.
LSK further said motor vehicles bear fake number plates, a clear ploy to disguise and conceal their identity as they whisk away their victims to unknown destinations.
The petition added that despite the abductions being reported at various police stations, the police boss issued a contradictory statement where on one hand he claimed that there was no police station in the country that was holding the reported abductees, while on the hand admitting that the matter in question was Independent Policing Oversight Authority (IPOA).
The petition added that the abductions have caused pain, anguish and despair among family members and a huge public outcry by members of the public, religious organisation groups and the political class.
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