The High Court has ordered the immediate release of six individuals, including who were allegedly abducted by state authorities.
Issuing the orders, Justice Bahati Mwamuye also barred their prosecution pending the outcome of a related case filed by the Law Society of Kenya (LSK).
The court’s ruling came after a certificate of urgency was filed by the petitioners, who have claimed that they were unlawfully detained by the police and other security agencies.
The six individuals, who include Gideon Kibet and Bernard Kavuli, and four others – Peter Muteti, Billy Mwangi, Rony Kiplangat and Steve Kavingo – reportedly victims of forced disappearance and illegal detention.
Justice Bahati Mwamuyé granted a Habeas Corpus order requiring that the petitioners be produced in court by 11:00 AM on Tuesday, December 31, 2024, unless the authorities provide a valid reason for their detention.
The court further issued a conservatory order restraining the police and other respondents from charging or prosecuting the petitioners without the High Court’s approval.
The Inspector-General of Police, Douglas Kanja has been personally summoned to court to explain the whereabouts of the petitioners. Kanja, who serves as the first respondent in the case, is also ordered to ensure the petitioners are brought before the court as directed.
“The rights of the petitioners must be protected, and any unlawful action taken by the authorities must be held accountable,” Justice Mwamuyé stated in his ruling.
In a further development, the Director-General of the National Transport and Safety Authority (NTSA), George Njao, or a designated officer, is also ordered to appear before the court on January 3, 2025, to provide specific vehicle records related to the case.
On Monday, Busia Senator Okiya Omtatah filed a court application seeking orders compelling the Inspector General of Police, the Directorate of Crminal Investigations (DCI), and the Directorate of Public Prosecutions (DPP0 to produce, alive or dead, seven victims of recent abductions linked to the police.
The victims listed in the Habeas Corpus application include Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Benard Kavuli and Kelvin Muthoni.
Failure to release or produce the seven victims, Omtatatah wants the court to summon the police IG, DCI and DPP to explain why the said persons cannot be released on bail.
“That I have received information from the families that they have visited a number of morgues in Nairobi and Kiambu and they have not been able to see their bodies,” reads the court document in part.
The recent surge in abductions—over 10 reported in December alone and more than 80 cases this year, according to the Kenya National Commission on Human Rights (KNCHR)—has sparked nationwide outrage with human rights groups staging protests on Monday.
Despite government denials, human rights groups, victims, and youth activists called on Kenyans to join the protests in all 47 counties. Demonstrators demanded the immediate release of individuals allegedly abducted by security agents and an end to unlawful arrests.
On Monday several activists led by Busia Senator Okiya Omtatah were arrested for participating in Monday’s protests against the rising cases of abductions and enforced disappearances of government critics.
Police lobbed teargas canisters to disperse the protesters who were gathering in the Nairobi CBD.
