Defiance: Police boss Kanja, Amin ignore court summons again

Inspector General of Police Douglas Kanja.

In what is now being interpreted as a direct challenge to the judiciary, Kenya’s top security chiefs have once again defied court summons, fueling concerns over accountability and the rule of law.

In a span of days, Inspector General of Police Douglas Kanja and Director of Criminal Investigations Mohamed Amin have ignored three separate judicial summons, by two different judges, requiring them to address the growing crisis of abductions gripping the country.

The most recent case of abduction involves Tanzanian activist Maria Sarungi, said to have been abducted by three armed men in Kilimani, Nairobi, on Sunday.

Despite the escalating public outcry and rising anxiety over such incidents, neither Kanja nor Amin appeared in court as directed by High Court Judge Chacha Mwita either virtually or in person.

Yesterday's summons relate to the disappearance of four individuals abducted in Mlolongo last December, a case that remains unresolved and shrouded in mystery.

The two officials were expected to present evidence on the missing persons; Justus Mutuma, Martin Mwau, and Karani Mwema who were abducted on December 16 and 17, 2024.

 Justice Mwita expressed deep concern over the ongoing defiance of court orders by the top security officials, warning that the full force of the law will be brought down on them.

Justice Mwita noted that both the IG and DCI boss Mohamed, along with their legal representatives, chose to skip court attendance without offering any explanation regarding the disappearance of the three individuals.

 Justice Mwita stated that the court is left with no option but to impose penal sanctions against them for contempt of court.

"The court must make it clear that the IG and DCI have a duty to the people of Kenya to protect their lives and property," said Mwita

Adding that, "Failure to attend court on such an important issue is a serious breach of court orders, which calls for sanctions. The court will respond to the cries of the petitioners without hesitation,'

The judge warned that the IG and DCI face severe consequences for their blatant disregard of court orders and the law, just days after Justice Bahati Mwamuye issued another summons for them to attend court on January 27 regarding the abductions of six other young men. 

The judge expressed concern over why the IG and DCI failed to attend court and continued to defy court orders with impunity, particularly in light of the recent mysterious disappearances of youths across the country .

The two failed to appear in court without providing an explanation, despite the fact that their offices are crucial in ensuring the rule of law and public interest are upheld in the country. 

The judge also expressed concerns about the failure of IG, DCI, Interior CS Kipchumba Murkomen, and Attorney General Dorcas Oduor to appear in court and provide an explanation regarding the abductees who went missing 19 days ago, prioritizing other matters over the lives of Kenyans.

'The 1st, 2nd, 3rd, 5th respondents (IG, DCI, Murkomen, and Oduor) have not informed the court why they are absent despite being served with summons to appear. Their silence and failure to attend court, despite being duly notified, is beyond belief, given their mandates as officers serving under the Constitution and the law,' Justice Mwita remarked.

'I must point out that this is a serious omission by state officers who have an obligation to respect, uphold, and defend the Constitution.'

The judge emphasized that the IG and DCI, who are entrusted with protecting the rights and property of the people, are expected to provide an explanation to Kenyans regarding the recent wave of abductions of young people.

Justice Mwita, however, gave the IG and DCI a final opportunity to immediately release the three men who went missing in Mlolongo in December last year, warning that failure to do so would result in punishment for contempt of court.

"'Before citing them for contempt of court, I will give the two an opportunity. I direct the IG and DCI to release the three petitioners (Mutumwa, Mwau, and Mwema) immediately and unconditionally, or bring their bodies before this court,' Justice Mwita directed.

'In the alternative, the IG and DCI are to present the bodies of the three before this court on January 17, 2025, at 10 a.m. in open court. The IG and DCI must personally attend court on Friday,' Justice Mwita ordered.

He also removed the name of Steven Mbisi Kavingo, who is also missing, after the court was informed that he has a similar petition pending before another court on January 27, 2027, where the IG and DCI have been summoned to explain his whereabouts.

The judge's directives followed a request from the lawyers representing the four missing persons, led by Polycarp Okello and Nyawa Malidzo, who urged the court to cite IG Kanja and DCI boss Mohamed for contempt of court due to their failure to comply with a previous order requiring them to explain the whereabouts of the abductees.

Both IG Kanja and DCI boss Mohamed alongside their lawyers failed to appear in court, either virtually or in person, as directed, to present evidence regarding the missing persons. 

The DPP's lawyer stated that he has no information regarding the whereabouts of IG Kanja and DCI boss Mohamed, nor the reasons for their failure to appear in court.

At the same time, the DPP has sought to be expunged from the case, stating that he has no role in dealing with security matters in the country.

'From the orders granted and the orders sought in this petition, indeed, the DPP has no role in matters involving cases of abductions, security matters, or the arrest and detention of individuals. We therefore pray that the DPP be expunged from these proceedings,' said the DPP's lawyer, Ashochi.

Ion the removal of the DPP, the declined his request to be expunged and ordered him to file responses to the case.

The four Mlolongo missing individuals lawyers petitioned the court seeking the release of the victims life dead since their families are crying for justice and seeking an explanation of their whereabouts.