Agony for kin as security teams turn a blind eye to abductions crisis

Gerald Karicha, father of abducted Billy Mwangi, in court on December 31, 2024. [Courtesy

The worrying spate of abductions in Kenya has thrown the spotlight squarely on the nation's security apparatus, exposing a troubling pattern of unaccountability and lack of transparency.

Inspector General (IG) of Police Douglas Kanja, National Intelligence Service (NIS) Director Noordin Haji, Director of Criminal Investigations (DCI) Mohammed Amin, and other senior security officials find themselves under growing public scrutiny.

If the police, the first line of law enforcement, are distancing themselves from involvement, then who is orchestrating these abductions, and why haven’t the perpetrators been apprehended, whether within or outside the police units?

President William Ruto’s recent acknowledgment of “instances of excessive and extrajudicial actions” by security forces during his New Year’s address hinted at systemic issues but failed to specify the extent or nature of the abuses.

"It cannot be denied that there have been instances of excessive and extrajudicial actions by members of the security services," revealed Ruto.

The loud silence from oversight bodies like the Independent Policing Oversight Authority (IPOA) and the NIS has left a vacuum of accountability.

Former Deputy President Rigathi Gachagua recently alleged the existence of a secret police unit led by an individual named “Abel,” operating outside the chain of command.

This assertion has only deepened public mistrust. While the Inspector General denies police involvement, his failure to provide substantive updates on these cases amplifies fears that rogue elements within or outside the security services may be operating unchecked.

The country’s spy chief, Noordin Haji, whose docket with the NIS is chiefly to gather and share security intelligence and counterintelligence, has been utterly silent on the abductions. So, where exactly does the buck stop?

In Kenya, after the military and the National Police Service, the NIS receives the third-highest budgetary allocation from the central government. In the latest allocation, the agency received more than Sh45 billion.

“In my humble view, the NIS is complicit. They have a special parallel team, just like the police, and the only difference is that they lack powers to arrest. Why are all these units not offering any answers on the spate of abductions we are witnessing?” wonders George Musamali, a Nairobi-based security analyst.

On December 26, 2024, the DCI’s office reacted to a statement made by Busia Senator Okiya Omtatah regarding the reported sighting of a white Subaru vehicle linked to the alleged abduction of Gideon Kibet alias Kibet Bull, one of those still missing.

The statement read in part: “We urge public leaders to refrain from making speculative statements that may hinder investigations.”
“No extrajudicial actions will be tolerated within our ranks.”

“That the IG and police units distanced themselves from the abductions should be cause for worry. It should then prompt us to think: are there indeed certain secret formations operating but not reporting to the Inspector General of Police, as someone else calls the shots outside?” poses Musamali.

The latest abductions have been reported across Nairobi, Kiambu, Machakos, and Embu counties, involving six men: Billy Mwangi, Peter Muteti, Bernard Kavuli, Steve Kavingo, Gideon Kibet, and Ronny Kiplang’at.

Each disappearance followed a chillingly similar pattern: masked men, unmarked vehicles, and victims vanishing without a trace. Despite CCTV evidence and eyewitness accounts, investigations have stalled.

A Kenya National Commission for Human Rights (KNCHR) report indicates 82 cases of abductions were reported since June 2023, with 29 people still unaccounted for. The National Police Service (NPS) has not only distanced itself but also resisted court orders demanding the production of missing persons.

In the 2007-2008 post-election violence that rocked Kenya, the then Commissioner of Police Major General Hussein Ali was among six Kenyans named as having orchestrated the violence, but those charges were later dropped in what the International Criminal Court (ICC) cited as insufficient evidence to link him directly to the crimes.

According to Musamali, there is a crucial link between that script and what is happening in the current spate of abductions.

“The reason why Major General Ali was let off the hook is purely on evidential grounds; the ICC could not link him to this crime. So, who are those police accused of either masterminding or excessively applying force on innocent civilians in 2007-2008?”

“What we are witnessing is a return of those dark days, where certain units operate discreetly under command structures outside the office of the IG, and that should worry us as Kenyans if properly substantiated,” observes Musamali.

Next week, Kanja, will be a man under the spotlight. He is needed to respond to a court order over the production of six men who have been missing for some time now.
The IG has already snubbed the summons by Justice Bahati Mwamuye in a case filed by the Law Society of Kenya (LSK) regarding the six missing men.

"The response that this court expects is not the usual. I do not expect to see grounds for opposition. I want a substantive response so that we get to the heart of this issue as quickly as possible," said Justice Mwamuye.

"The eyes of Kenyans are upon us, and they expect substantive justice," added the judge.

His failure to show up in court signals a trend by the police to ignore court orders, given that Deputy IG Gilbert Masengeli, while he was the acting IG, was found guilty of contempt of court for disobeying court orders.

Still, his failure to show up in court or update Kenyans on the whereabouts of the six or the progress of investigations has done little to clean up his image.

“Police do not abduct; police do not kidnap. We arrest and detain within legal bounds,” he told the National Assembly’s Administration and Internal Security Committee on November 17, 2024.

A KNCHR report says that Steve Kavingo was the first to be abducted from his Kathangaita home in Machakos County by two masked men on December 17, 2024.

Mwangi was abducted from a barbershop in Embu town, where he had gone for a haircut and was bundled into a vehicle that sped away on December 21.

Muteti was abducted from a shop in Uthiru, and the abduction was captured on CCTV cameras, which showed two men approaching him from behind before leading him into a waiting vehicle on December 21.

Kavuli was abducted from a Rubis petrol station in Ngong town by men using a Probox car on December 22; the abduction was captured on CCTV cameras as well.
Kibet and Kiplang’at were abducted in Nairobi and Kiambu counties, respectively.

Kibet, who travelled from Nakuru to Nairobi, was reportedly picked up after meeting Busia Senator Okiya Omtatah at his Taj Tower offices on December 24.

Circumstances surrounding Kiplang’at’s abduction are unclear, but he went missing on December 24, and his abduction is speculated to have been used to lure Kibet.

When Kanja appeared before the Committee, he said that by November 17, the police had received 57 reports of missing persons.

From the number, six people were found dead, 22 were located alive, and 29 were still unaccounted for.

This latest wave of abductions is one of many where the police have found themselves at the receiving end of backlash from Kenyans for their actions or inaction.

The anti-tax demonstrations that rocked the country in June and July last year put the National Police Service (NPS) in the spotlight for how they handled them.

Lobby groups in their reports said that more than 60 people were killed during the demos, a number that Deputy President Kithure Kindiki disputed when he was serving as Interior CS, who said that only 42 people were killed.

Kenyans witnessed the unleashing of undercover police officers who covered their faces and did not display service numbers, as per police standing orders. This squad was blamed for the abductions.

On November 5, KNCHR and IPOA called on MPs in the Administration and Internal Security Committee to sanction Kindiki and Kanja.

They blamed the two for the misconduct of the police during the demonstrations, saying a majority of the 60 people killed were as a result of gunshot wounds, and of the 601 recorded cases of injuries, many were caused by the police.

KNCHR and IPOA said that Kanja was yet to provide deployment plans during the demos and the names, ranks, and service numbers of officers involved in the operations.

While Kanja was waiting to be vetted by Parliament after his nomination by President William Ruto on July 25, his deputy (Masengeli), who was also the acting IG, was found guilty of contempt of court.

Justice Lawrence Mugambi faulted Masengeli for ignoring several court summons and instead choosing to travel to different parts of the country over what his lawyers said were work-related.

Masengeli had been summoned to tell the court the whereabouts of three Kitengela activists - Bob Njagi and brothers Aslam and Jamil Longton - who were abducted on August 19.

On September 13, he was sentenced to six months in prison, but Justice Mugambi suspended the sentence for seven days, allowing him to appear before him and explain why he had not been to court.

After these developments, the weekend would be quite eventful as Justice Mugambi’s security detail was withdrawn.

The officer in charge of Special Government Buildings, Lazarus Opicho, was faulted for calling Justice Mugambi’s bodyguard to find out his whereabouts.

The Judiciary, led by Chief Justice Martha Koome, the Kenya Magistrates and Judges Association (KMJA), and LSK came out strongly, accusing the police of intimidation.

“The act of withdrawing the security of a sitting judge, following a judicial decision that displeased certain authorities, is deeply concerning,” said Koome.

She said that the security of judges was not a favour from the NPS that could be withdrawn at any time.

“Judicial independence is a cornerstone of justice for all Kenyans,” said LSK Vice President Mwaura Kabata.

Masengeli would later come to court saying that he was on a working tour, and with that, he walked free. Six days later, Kanja was sworn in as the substantive IG with Masengeli taking his Deputy IG post.

When Kanja went to State House in the company of Masengeli, DIG Eliud Lagat, and DCI boss Mohamed Amin, President Ruto praised Masengeli for his leadership and failed to caution State officers over disobeying court orders, as some had expected.

“I must commend the acting Inspector General and all officers who have supported the National Police Service, ensuring continuity and clarity on matters of security,” said Ruto.

The three Kitengela activists were freed by their abductors after 32 days of captivity, which came a day after Kanja was sworn into office.

In 2018, former Interior CS Fred Matiang’i, the then police IG Joseph Boinett, and Immigration Principal Secretary Gordon Kihalangwa were found guilty of contempt of court by Justice George Odunga.

The three were fined Sh200,000, which was to be deducted from their salaries after they failed to appear in court to explain why lawyer Miguna Miguna had not been allowed back into the country after his forceful deportation to Canada.

Defence Principal Secretary Patrick Mariru, who has a warrant of arrest hanging over his head, is yet another State officer in the security sector to defy a court order.

Justice John Chigiti found him in contempt after he failed to appear in court over his failure to pay 10 ex-Kenya Air Force soldiers Sh42 million in damages for unlawful detention and torture after the failed 1982 coup.