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The High Court in Nairobi yesterday ordered Inspector General of Police Douglas Kanja to personally produce in court today seven individuals who were abducted on the eve of Christmas.
Justice Bahati Mwamuye, in his orders, directed Kanja to be in court at 11 am with the abductees.
He stated that they should be freed immediately.
“The ninth respondent, Douglas Kanja Kirocho, shall in his capacity as the first respondent and also in his capacity as the ninth, personally ensure compliance with orders (1) and (2) above and shall consequently personally produce the second to seventh petitioners before this Court or the Milimani High Court Criminal Duty Court on December 31, 2024, at 11 am and summons to that effect are hereby issued to him,” ruled Justice Mwamuye.
At the same time, the judge ordered the National Transport and Safety Authority (NTSA) to present a report on the ownership of vehicles used for the abductions.
He further directed that NTSA Director-General George Njao, or an authorised officer in writing, should appear in court on January 3 at 11.30 am to produce copies of the motor vehicle records.
In a case filed by the Law Society of Kenya (LSK) alongside the families of Peter Muteti, Bernard Kavuli, Billy Mwangi, Gideon Kibet, who is also known as Kibet Burr, and his brother Ronny Kiplagat, and Steve Kavingo, the court was told yesterday that the method of the abductions indicated they were being carried out by the police.
According to them, IG Douglas Kanja bears a personal responsibility for the missing persons. They want the court to summon him and order that the seven should be immediately produced before the court, either alive or dead.
“This honourable court should hold the ninth respondent individually responsible and accountable for the abdication of their constitutional roles and breach of their oath of office, to the detriment of the fundamental rights and freedoms of Kenyan citizens,” said lawyer Abner Mango. The society accused the security forces of giving contradictory statements regarding who is behind the abductions.
On one hand, Mango said that the police had told Kenyans that no police station was holding the seven. On the other, he claimed they had admitted to conducting the abductions but pointed out that the matter was being investigated by the Independent Police Oversight Authority
“The urgency of addressing the constitutional violations is self-evident, and if this honourable court does not stop the illegal actions and/or omissions committed by the respondents, then constitutional violations will be entertained, and the respondents will undermine rights, posing an immediate threat to national security and to the detriment of the people of Kenya,” argued Mango.
LSK and the families singled out three vehicles, which they claimed were used in the abductions. According to them, KCF 035M, KCG 089A, and KCA 379R are the vehicles of interest. They want the court to compel NTSA to reveal the owners of these vehicles.
The court heard that Muteti was abducted on December 21, 2024, in Uthiru while paying for items outside a supermarket at around 9 am. He was bundled into a getaway vehicle, a Toyota Prado KCF 035M, which allegedly had three occupants. The incident was reported at Kabete Police Station.
Furthermore, the society stated that CCTV footage from Rubis Petrol Station in Ngong Town captured a white Toyota Probox, motor vehicle registration KCA 379R, driving into the petrol station. Walking beside it was Mwangi, whom two men grabbed within seconds before being bungled into the vehicle and driven off towards Nairobi.
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