Court declines request to compel security agencies to produce abductees

The High Court dismissed a plea to force security agencies to account for individuals who went missing in December 2024 and January 2025, allegedly due to abductions.

The petition had been filed by the Law Society of Kenya (LSK) and Busia County Senator Okiya Omtatah.

In a ruling delivered on Thursday, April 10, 2025, Justice Bahati Mwamuye declined to issue an order compelling Inspector General of Police Douglas Kanja and Directorate of Criminal Investigations (DCI) Director Amin Mohamed to present the missing persons, whether alive or deceased.

Justice Mwamuye noted that Senator Omtatah and the Law Society of Kenya (LSK) failed to present sufficient evidence to demonstrate that the eight missing individuals were in police custody.

He further pointed out that the affidavits submitted by both parties did not substantiate their claims that the missing persons, some of whom had been released earlier this year, were detained by law enforcement.

The petitioners had argued that Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Benard Kavuli, and Kelvin Muthoni were in police custody after being abducted by armed individuals believed to be police officers.

"The petitioners have not proven that the seven individuals are in the custody of the respondents, nor have they convinced the court that the seven, along with an eighth individual, are being unlawfully detained by either known or unidentified persons," ruled Justice Mwamuye.

In response to the ruling, LSK and Omtatah had urged the court to compel the Inspector General (IG) and the Directorate of Criminal Investigations (DCI) to produce the eight individuals, who were said to have been abducted from various locations in Nairobi between December 16 and December 17, 2024, either alive or dead.

Senator Omtatah also accused the police of failing to safeguard citizens from abductors targeting those critical of the current government.

On the other hand, the Law Society of Kenya (LSK) demanded accountability from the Inspector General of Police (IG) and the Directorate of Criminal Investigations (DCI) regarding the alleged abductions, which had sparked widespread outrage across the country.

Earlier, on January 31, 2025, the petitioners, led by lawyer Njeru Ndwiga, urged the court to invoke Article 23 and safeguard the petitioners' rights under Article 26, presuming that the two missing individuals were still alive.

Njeru sought for the court to issue fresh summons for IG Douglas Kanja and DCI to appear in court and provide answers regarding the whereabouts of the two missing individuals.

"In the alternative, Your Lordship, we ask the court to summon the IG and DCI to appear once again before this court and answer a simple question: Where are the petitioners? Are they alive or dead? What actions have been taken to locate the two who remain missing?" lawyer Njeru asked the court.

Additionally, Njeru emphasized that the court should make it clear that it is not as desperate as the petitioners, nor should the respondents be allowed to manipulate the system to their advantage, accusing them of acting with impunity.

Njeru urged the judge to intervene and ensure that the status of the two missing individuals be communicated to the petitioner's legal team.

The judge, however, scheduled the main petition to be heard on Friday, April 10, 2025, at 11 am., after several lawyers, including John Khaminwa, requested an expedited hearing of the case.