The High Court has declined an application to suspend orders requiring Inspector General Douglas Kanja and Directorate of Criminal Investigations (DCI) head Mohamed Amin to personally appear in court concerning the alleged abduction and disappearance of three men in Mlolongo last year.
Justice Chacha Mwita emphasized that the orders, issued in January, aim to uphold constitutional values and enforce the Bill of Rights, particularly concerning the right to life and protection from enforced disappearances.
“Securing the lives of the three missing men remains a priority for this court. It will not be in the public interest to allow the application by the IG and DCI,” Justice Mwita stated in his ruling.
The initial orders, issued on January 8 and enforced on January 13, required the IG and DCI to produce the three missing men in court and to attend the proceedings in person. However, Kanja and Amin contested the directive, arguing they were not properly served with the orders and were condemned unheard.
In their application, the IG and DCI claimed that they had not received the orders through an official channel and sought to have them set aside. Despite this, Justice Mwita ruled that the email address used for serving the orders had been confirmed as official and valid.
“I am therefore persuaded that they were served with the application and orders issued,” Justice Mwita concluded, dismissing the claim of improper service.
The case has drawn significant public attention due to its implications for accountability and justice in cases of enforced disappearances, which have been a recurring issue in Kenya. Human rights organizations have highlighted the necessity for state officials to prioritize the resolution of such cases and ensure adherence to legal processes.
Justice Mwita’s decision underscores the judiciary’s commitment to enforcing the Constitution and protecting fundamental rights. By requiring the IG and DCI to appear in court and provide an update on the missing persons, the court aims to ensure transparency and accountability in the ongoing investigation.
The three missing men, whose disappearance last year sparked public outcry, remain unaccounted for. Their families continue to seek answers, with hopes that the court’s directive will expedite justice.
This ruling reaffirms the judiciary’s role in holding state actors accountable while reinforcing the importance of due process in addressing human rights concerns. The case is set to proceed as the court awaits compliance with its orders.
