Court of Appeal rejects police bid to halt abduction case
The Inspector General of Police, Douglas Kanja, and the Directorate of Criminal Investigations (DCI) boss, Mohammed Amin had argued that the High Court had unjustly issued a habeas corpus order without confirming that the missing persons were in the custody of the police or DCI.
The Court of Appeal has urged the government to take immediate action to locate the missing Kenyans who were allegedly abducted from Mlolongo in December of last year.
The bench led by Justice Patrick Kiage on Tuesday also rejected an application to suspend ongoing proceedings before High Court Judge Chacha Mwita.
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"This is a serious matter. People have been abducted, and if they are not released or brought forward, alive or dead, I question whether it would be appropriate to issue an order for a stay of proceedings," Justice Kiage stated during the ruling.
The Inspector General of Police, Douglas Kanja, and the Directorate of Criminal Investigations (DCI) head, Mohammed Amin, had requested the Court of Appeal to suspend the proceedings before Judge Mwita.
They argued that the High Court had unjustly issued a habeas corpus order without confirming that the missing persons were in the custody of the police or DCI.
"The concern of the IG and DCI is that the High Court has condemned them unheard by issuing the habeas corpus order. We have an issue with the manner in which the court is proceeding with the matter," said their lawyer, Nyamodi.
Despite the request, Kanja and Amin, who had appeared before Judge Mwita last month, denied having the missing individuals in their custody but assured that investigations were ongoing. In the aftermath, the bodies of two of the missing persons were found.
Martin Mwau's body was discovered at the Nairobi Funeral Home (formerly City Mortuary), where it was revealed that the body of Mutumwa Musyoki was also found.
Both bodies had been delivered to the mortuary on December 17, 2024, one day after their abduction from Mlolongo.
Karani Muema remains missing, and the search for him continues.
With the Court of Appeal declining to suspend the proceedings, the case will proceed before Judge Mwita.
The Court has instructed that the appeal be fast-tracked and scheduled for hearing before the end of the current term.
"The motion dated January 27 is marked as compromised on terms that the appeal be fast-tracked for hearing before the end of the current term," the Court stated in its ruling.
Justices Kiage, Joel Ngugi, and Weldon Korir have directed that the necessary documents be filed within 10 days.
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