The Court of Appeal has declined to suspend proceedings in the case of three missing persons allegedly abducted in Mlolongo, Machakos County, in December 2023. A three-judge bench led by Justice Patrick Kiage dismissed an application by Inspector General of Police (IG) Douglas Kanja and Directorate of Criminal Investigations (DCI) boss Mohammed Amin, who sought to stop the case before High Court Judge Chacha Mwita.
The Court of Appeal ruled that the matter was of grave concern, emphasizing the urgency of locating the missing individuals. “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.
The police and DCI argued that the High Court had issued a habeas corpus order requiring authorities to produce the missing individuals without establishing whether they were in police custody. Their lawyer, Nyamodi, maintained that the High Court had unfairly condemned the security agencies without giving them a fair hearing. Despite these claims, the Court of Appeal ruled that the appeal should proceed without halting ongoing High Court proceedings.
The case took a grim turn when two of the missing individuals, Martin Mwau and Mutumwa Musyoki, were found dead at the Nairobi Funeral Home, formerly City Mortuary. Reports indicate that their bodies were delivered to the facility on December 17, just a day after their abduction. The whereabouts of the third individual, Karani Muema, remain unknown.
With the Court of Appeal’s decision, the main appeal is set to proceed swiftly. “The motion dated 27 January is marked as compromised on terms that the appeal be fast-tracked for hearing before the end of the current term,” the ruling stated. Justices Kiage, Joel Ngugi, and Weldon Korir directed that all necessary documents be filed within 10 days.
This case highlights the growing concerns over forced disappearances in Kenya and the urgent need for accountability. The judiciary’s insistence on proceeding with the case indicates a commitment to uncovering the truth behind the abductions. The ruling also places pressure on security agencies to provide clear answers regarding the fate of the missing persons.
As the legal battle continues, the families of the victims are left seeking justice, hoping that the courts will ensure those responsible for the disappearances are held accountable. The case is expected to draw significant public attention as the hearing progresses.
