High Court orders Police IG Kanja to produce abducted youth by 11 am on Tuesday
In his ruling, Justice Mwamuyé issued a Habeas Corpus order requiring the respondents to produce the six individuals in court at Milimani High Court on Tuesday, December 31, 2024, at 11:00 AM, or to provide a valid explanation for their continued detention.
The High Court has ordered the immediate release of six individuals allegedly abducted and detained by state authorities.
The individuals, including Gideon Kibet and Bernard Kavuli, are to be freed unconditionally pending the hearing of a case filed by the Law Society of Kenya (LSK).
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Justice Bahati Mwamuyé issued the directive on Monday, following a certificate of urgency submitted by the petitioners, who claimed they were unlawfully detained by security agencies.
The group also includes Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo. The court described their detention as a possible forced disappearance and an infringement on their rights.
In his ruling, Justice Mwamuyé issued a Habeas Corpus order requiring the respondents to produce the six individuals in court at Milimani High Court on Tuesday, December 31, 2024, at 11:00 AM, or to provide a valid explanation for their continued detention.
A conservatory order was also issued barring the police and other state authorities from arresting, charging, or prosecuting the individuals without the court’s permission.
The Inspector-General of Police, Douglas Kanja Kirocho, who is named as the first and ninth respondent, has been summoned to ensure compliance with the court’s orders.
He is personally required to present himself before the court and to explain their whereabouts if they are not produced.
“The rights of the petitioners must be protected, and any unlawful action taken by the authorities must be held accountable,” Justice Mwamuyé said during the ruling.
The Director-General of the National Transport and Safety Authority (NTSA), George Njao, or an authorised officer, has further been directed to appear before the court on January 3, 2025.
He is expected to provide vehicle records connected to the case, as specified in the petitioners’ application.
The ruling comes as the court considers the application dated December 26, 2024, which accuses multiple state agencies, including the National Police Service, Directorate of Criminal Investigations (DCI), and the National Intelligence Service (NIS), of orchestrating the detention.
The agencies are among the respondents named in the case, along with the Ministry of Interior, the Director of Public Prosecutions, and the Attorney-General.
Justice Mwamuyé stressed the importance of compliance, warning that failure to adhere to the court’s directives would have legal consequences.
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