IG Kanja, DCI fail to present 5 abductees; court adjourns hearing to 12 noon

Inspector General of Police Douglas Kanja. [Standard, File]

Justice Alexander Muteti has adjourned the hearing and ordered the Inspector General of Police Douglas Kanja and the Director of Criminal Investigations (DCI) to appear in court in-person at 12 noon after failing to produce five abductees.

The order follows a directive issued by Justice Muteti, who earlier instructed state officials to comply with similar orders issued on Monday, December 30, to present the abductees in court.

 The IG and DCI, along with the Attorney General, did not appear in court when the case was mentioned earlier.

Lawyers representing the families of the five missing individuals, led by Felix Keiton, accused Kanja and the DCI of blatantly violating constitutional rights.

 The directive comes after Justice Bahati Mwamuye, presiding over the High Court in Nairobi, ordered Kanja to personally present the seven abductees on Tuesday, December 31, at 11 a.m.

"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 a.m. and summons to that effect are hereby issued to him," Mwamuye ruled.

 Justice Mwamuye also directed the National Transport and Safety Authority (NTSA) to present a report on the ownership of vehicles linked to the abductions.

NTSA Director-General George Njao, or an authorised officer, has been ordered to appear in court on January 3 at 11:30 a.m. to provide copies of the motor vehicle records.

In a case filed by the Law Society of Kenya (LSK) and the families of Peter Muteti, Bernard Kavuli, Billy Mwangi, Gideon Kibet, and Steve Kavingo, the court heard that the abductions were carried out by police.

According to LSK, Kanja bears personal responsibility for the missing individuals and urged the court to summon him to account for the disappearances.

 "The ninth respondent, Douglas Kanja, shall be held 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.

 LSK and the families claimed three vehicles—KCF 035M, KCG 089A, and KCA 379R—were used in the abductions. They are seeking the court's intervention to compel NTSA to reveal the owners of these vehicles.

 The court heard Muteti was abducted on December 21, 2024, in Uthiru while paying for items outside a supermarket.

He was bundled into a Toyota Prado (KCF 035M), driven by three occupants, and reported at Kabete Police Station. CCTV footage captured Mwangi being grabbed and bundled into a white Toyota Probox (KCA 379R) at a petrol station in Ngong Town.