Justice Mrima gives police 24-hour ultimatum to present missing lawyer and his client in court

Three-Judge bench hearing the case filed to challenge Kenya’s participation in the Kenya Somali border dispute at the International Court of Justice in Hague, (ll-r ) Robert Limo Kanyi Kimondo and Anthony Mrima at Milimani law courts during the judgement of the case. [George Njunge, Standard]

Police have been ordered to produce the missing Muslim scholar and lawyer Hassan Nandwa within 24 hours.

Justice Anthony Mrima also ordered the police to produce Prof Nandwa’s client, Elgiva Bwire, whether dead or alive, to the nearest court within the same period.

“Pending the hearing and determination of the suit, the court issues an order of habeas corpus for the production of Prof Nandwa and Elgiva Bwire before a court of law within 24 hours of issuing this order,” the judge said.

An order of habeas corpus is a writ requiring a person, under arrest, to be brought in court, especially to secure the person's release unless lawful grounds are shown for their detention.

The judge ordered Safaricom Ltd to supply the Law Society of Kenya and produce in court Nandwa’s phone call records, and base transmission station records and logs from the morning of October 28 when he went missing.

According to the judge, there are indications that the police know the whereabouts of the men but have chosen to remain silent.

“I am satisfied that there is reasonable circumstantial evidence pointing to the high possibility that the two missing persons are likely in custody or at least the police are aware of their whereabouts. It is quite disturbing why the police have not appeared to explain where they are,” said Justice Mrima.

Nandwa was allegedly abducted on October 28 when he went to report that Bwire, who was his client, had gone missing after being released from Kamiti Maximum Security Prison.

Bwire was convicted and served 10 years in jail after confessing to being a terrorist and a member of the outlawed al-Shabaab group. He was initially sentenced to life imprisonment but Nandwa filed an appeal that led to reduction of his sentence.

The suit to produce the two men was filed by LSK, through lawyer David Ayuo. The lawyers' body claimed Nandwa was abducted by police officers and that they suspect he is being held illegally at an undisclosed location.

Justice Mrima directed the Attorney General, Inspector General of Police, and the Director of Public Prosecutions to respond to the petition before the hearing on November 8.