The High Court has ordered the immediate release of six individuals who were allegedly abducted and detained by state authorities in December 2024.
The decision came after growing pressure on Inspector General of Police, Douglas Kanja, who was summoned to court by Justice Bahati Mwamuye following a certificate of urgency filed by petitioners on December 30.
In addition to the release order, the judge issued a directive preventing the prosecution of the six individuals, as the case filed by the Law Society of Kenya (LSK) regarding their abduction is still pending.
The six individuals named in the court ruling include Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo.
Justice Mwamuye also issued a Habeas Corpus order, requiring the respondents to produce all six individuals at Milimani Law Courts by Tuesday, December 31, 2024.
If they fail to do so, authorities must provide a detailed explanation for the continued detention of the individuals.
The court emphasized that the ongoing detention of the suspects violated their rights.
Furthermore, a conservatory order was granted, preventing state authorities from arresting, charging, or prosecuting anyone without the court’s explicit approval.
“The rights of the petitioners must be protected, and any unlawful action taken by the authorities must be held accountable,” Judge Mwamuye stated in his ruling.
Inspector General Kanja, named as the first and ninth respondent, has been ordered to appear in court to answer questions about the whereabouts of the alleged abductees and to ensure compliance with the ruling to avoid contempt.
Additionally, George Njao, the Director-General of the National Transport and Safety Authority (NTSA), has also been summoned to court on January 3, 2025, to provide vehicle records related to the case as requested by the petitioners.
This ruling comes just days after the Law Society of Kenya initiated legal action against several state agencies, including the National Police Service, the Directorate of Criminal Investigations (DCI), and the National Intelligence Service (NIS).
These agencies, along with the Attorney General, the Ministry of Interior, and the Director of Public Prosecutions, are named as respondents in the case.
Meanwhile, anti-abduction protests took place in major cities across the country, including Nairobi, Eldoret, Mombasa, and Embu, as Kenyans voiced their concerns over the ongoing abductions.
However, the protests were met with resistance, with anti-riot police arresting several demonstrators, including Busia Senator Okiya Omtatah.
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