Mlolongo Four still missing as police, court engage in legal ping-pong

Stacy Mutua (left) whose brother Steve Kavingo is still missing at a Milimani court on Wednesday, January 08,2025 where Justice Bahati Mwamuye ordered Inspector General of Police Douglas Kanja and DCI boss Amin Mohamed to appear in court on January 27, 2025, in connection with the abduction case of seven individuals. [Collins Kweyu, Standard] The whereabouts of four men abducted in Mlolongo on December 16, 2024, remain a mystery, as a tense legal battle unfolds with police and the court engaging in a high-stakes game of legal ping-pong. The missing men Bernard Mbisi Kavingo, Justus Mutumwa, Martin Mwau, and Karani Muema were reportedly taken by individuals believed to be police officers. Yet, despite mounting public outcry and repeated calls for answers, the police continue to deny holding the men in their custody, raising serious questions about their involvement in the disappearances. On Wednesday, tension boiled over in a Nairobi court when Inspecter General of Police Douglas Kanja and DCI boss Mohamed Amin were once again urged to provide answers within seven days. Represented by their lawyer, Paul Nyamondi, the police chiefs insisted that the four men were not in police custody. However, the families of the missing men and human rights advocates are not buying it, and neither is the court. "I want to confirm that my clients, Kanja and Mohamed, are willing to appear in court and provide clarity on the matter. But I must emphasize that the abductees are not in police custody," Nyamondi told Judge Chacha Mwita during a hearing on Thursday. This statement, though firm, raises even more questions about the authenticity of the arrests and the true identity of the individuals responsible for the abductions. The situation has become increasingly contentious, with the families of the missing men and human rights organizations demanding answers. The four men were reportedly arrested by individuals in police uniforms in broad daylight on December 16 and 17 last year, but no official records of their detention have emerged. This has the public wondering if the authorities are covering up the truth. Families of missing Mlolongo friends overwhelmed during court proceedings on Jan 8, 2025. [David Gichuru, Standard] Justice Mwita, growing increasingly frustrated with the lack of transparency, rejected a request from Kanja and Mohamed to be excused from court in the ongoing case concerning the abductions. Instead, the judge ordered the two police chiefs to appear in person on January 30, 2025, to explain what happened to the missing men. The ruling is a significant blow to the police, who had hoped to avoid facing the court directly to provide an account of their whereabouts. "The request to excuse the police chiefs from appearing is denied. They must appear in court," Justice Mwita declared. In an effort to avoid further legal consequences, the police chiefs' legal team has argued that they are not to blame for the abductions and that they were unaware of the identity of the perpetrators. However, Justice Mwita was firm in his belief that the court had a duty to protect the rights of the missing men and to ensure justice for their families. "The safety and well-being of these abducted individuals remain the priority of this court," Justice Mwita stated firmly. In his ruling, Justice Mwita emphasized that the continued detention of the three men without being presented in court within the stipulated 24-hour period constituted a clear violation of their constitutional rights. "The facts of this petition, coupled with the police command's responsibility to ensure that any arrested person is brought before a court, show that this is a matter of public interest," Mwita continued. "Allowing this application would undermine the very essence of the habeas corpus orders intended to protect constitutional rights." Justice Mwita further made it clear that both Kanja and Amin had been properly served with court orders to appear in court, rejecting their claims that the email addresses used to notify them were unverified. "I am not persuaded that the email address used was not confirmed or that they were not served," the judge stated, adding that the pleadings were received, and that is why they were represented in court. The two senior officers had contested the method of service, arguing that the public email addresses were not official or confirmed. However, the judge ruled that public email addresses could be used to serve public servants as long as they are in regular use. "I have looked at the affidavit and found that the service was properly carried out by email," Mwita ruled. "Public email addresses are valid for service, provided they are actively used." Caption Despite the ruling, Kanja, in public statements earlier this week, expressed a willingness to cooperate with the court, stating that the investigation into the disappearances of the men was ongoing and "at an advanced stage." Kanja also promised that the police would fully cooperate with the court proceedings. "I will appear personally in court to provide an update on what has been uncovered so far. The DCI and my team have been instructed to ensure the investigation is thorough, and we will continue working until this matter is resolved," Kanja stated. Justice Mwita also ordered that three of the missing men Mutumwa, Mwau, and Muemabe released unconditionally immediately and brought before the court by Thursday next week, dead or alive. If the police fail to comply, The judge warned the consequences could be severe, including contempt of court punishment against Kanja and Mohamed. Justice Mwita further declined a second request by Kanja and DCI boss Mohamed to stay his ruling pending their filing of an appeal at the Court of Appeal, challenging a directive requiring them to appear in court over the abductions. This comes after the two, through their lawyer Nyamondi sought to have the decision stayed for 21 days to allow them lodge an appeal before the appellant court. The decision by Justice Mwita to compel the IG and DCI boss to appear in court personally came hours after another judge, Bahati Mwamuye, temporarily suspended orders requiring the two police bosses to appear before him on Monday, January 27, 2025, regarding the abductions of seven other young men. The court had previously ordered Kanja and Amin, along with George Njao, the Director-General of the NTSA, to attend court proceedings over the disappearances of Billy Munyiri Mwangi, a college student, Ronny Kiplangat (the brother of cartoonist Kibet Bull), content creator Bernard Kavuli, and Peter Muteti, as well as the still-missing Bernard Kavingo. However, in a ruling on January 22, 2025, Justice Mwamuye issued a temporary suspension of the court orders made on December 31, 2024, and January 8, 2025, which had compelled the three senior government officials to personally explain the circumstances surrounding the disappearances. The police chiefs were granted a brief reprieve, with the judge ordering that they serve their application to quash the court orders on Busia Senator Okiya Omtatah and the Law Society of Kenya (LSK) by the close of business on Wednesday, January 22, 2025. The petitioners led by LSK filed the two separate lawsuits seeking answers from the police chiefs over the spate of abductions of the young men that happened in December last year.

Mlolongo Four still missing as police, court engage in legal ping-pong

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