‘We can’t produce what we don’t have’: Uganda declares Kenyan activists Bob Njagi, Nicholas Oyoo missing persons

Exactly 22 days after Kenyan activists Bob Njagi and Nicholas Oyoo went missing in Uganda, the High Court has officially declared them “missing persons.”

Justice Simon Peter Kinobe ruled that there was no credible evidence proving that the Ugandan government or its security agencies were holding the two men, dismissing the case brought against top security officials as unsubstantiated.

“I find that one cannot squeeze blood from a stone. The State can only produce what it has, and it would therefore be unrealistic to expect the desired outcome from circumstances that could not, in any case, yield it,” Justice Kinobe said.

“It would therefore be appropriate to categorise the applicants as missing persons,” he added. “A missing person is a person who has disappeared and whose status as alive or dead cannot be confirmed, as their location and condition are unknown.”

The ruling followed a habeas corpus application filed on behalf of Njagi and Oyoo, who were allegedly abducted in Kampala on October 1, 2025, by four armed men believed to be security officers.

In his October 22 decision, Justice Kinobe said the accusations against the Ugandan government lacked merit, noting that the evidence presented in court did not directly implicate any of the respondents - who included the Chief of Defence Forces (CDF), Chief of Defence Intelligence and Security (CDIS), Inspector General of Police (IGP), and the Attorney General of Uganda.

Held incommunicado

Lawyers representing the activists argued that their clients were being held incommunicado at a military facility in Mbuya for more than 48 hours without trial or formal charges — a violation of their constitutional rights. They further questioned the legality of the alleged arrest, saying it breached their right to liberty and due process.

However, the respondents dismissed the claims as “misconceived,” insisting the activists were not in state custody.

“The application is frivolous, vexatious, and brought in bad faith, intended to damage the reputation of the respondents,” they argued.

The state informed the court that thorough investigations and checks had been conducted across all detention facilities under the Uganda People’s Defence Forces (UPDF), the Directorate of Military Intelligence, and the Uganda Police Force (UPF). Still, no evidence of the activists’ detention was found.

Justice Kinobe said the respondents’ position was verifiable and that the State could not be compelled to produce individuals whose whereabouts were unknown.

“I also note from the pleadings that there is no cogent evidence that the respondents actually have the applicants. An attempt at interacting with the deponents of the affidavits in support was futile,” he said.

He urged the applicants’ counsel to file a missing persons report with the Uganda Police Force, the agency legally mandated to handle such cases.

“In Uganda, the police are the default agency charged with leading investigations into cases of missing persons,” Justice Kinobe added, dismissing the application with no order as to costs.

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• Nicholas Oyoo missing persons

Bobi Wine campaign trail

Njagi and Oyoo had reportedly joined the campaign trail of National Unity Platform (NUP) presidential candidate Robert Kyagulanyi, alias Bobi Wine, before they were forced into a vehicle by armed men and their phones switched off.

In Nairobi, civil society group Vocal Africa has written to the Ministry of Foreign and Diaspora Affairs, expressing deep concern over the activists’ continued disappearance.

“It has now been over three weeks since their disappearance, yet neither the Government of Uganda nor the Government of Kenya has provided any credible update on their whereabouts or safety,” reads the letter addressed to the Principal Secretary.

Vocal Africa said the prolonged silence and inaction had “compounded the anguish of their families and heightened fears of cross-border repression in the East African region.”

While acknowledging initial diplomatic efforts by the Kenyan government, the organisation said,

“it is now apparent that diplomacy has failed. Uganda’s continued silence and lack of cooperation cannot be met with passive diplomacy any longer.”

The letter further urged the Kenyan government to take “stern and decisive action” against Uganda for failing to account for the two Kenyans.

It added that regardless of whether Uganda’s government was directly involved, it had both a legal and moral duty to find, protect, and return the missing men.

Serious human rights concerns

“The responsibility to ensure the safety of foreign nationals within Uganda’s borders lies squarely with the Ugandan authorities. Their inaction not only raises serious human rights concerns but also undermines the principles of accountability and cooperation enshrined in the East African Community Treaty,” the letter states.

Vocal Africa urged Nairobi to issue a formal protest to Kampala, demand immediate disclosure of Njagi and Oyoo’s whereabouts, and activate regional and international human rights mechanisms - including the African Commission on Human and Peoples’ Rights - to investigate the cross-border disappearance.

The group also called for a review of Kenya’s bilateral relations with Uganda and for direct support to the activists’ families, including legal aid and psychosocial assistance.

“The abduction of Bob Njagi and Nicholas Oyoo is not an isolated incident; it reflects a worrying trend of shrinking civic space and cross-border repression in East Africa,” the organisation said.

Vocal Africa CEO Hussein Khalid urged the Kenyan government to take a firm, principled stand.

“Kenya must take a firm and principled stand to ensure that such violations do not recur. The safety and dignity of every Kenyan citizen, whether at home or abroad, must remain non-negotiable,” he said.