The High Court has dealt a significant blow to the Law Society of Kenya (LSK) and Busia County Senator Okiya Omtatah after it declined their request to compel security agencies to produce individuals who were allegedly abducted in late 2024 and early 2025. In a ruling delivered by Justice Bahati Mwamuye on April 10, 2025, the court dismissed the petitioners’ appeal to have the Inspector General of Police, Douglas Kanja, and Directorate of Criminal Investigations (DCI) boss, Amin Mohamed, produce the missing persons, either alive or dead.
The petitioners, led by Omtatah and the LSK, had sought the court’s intervention to demand accountability from the police over the abductions. They alleged that the missing persons, some of whom had disappeared between December 16 and December 17, 2024, were in police custody following abductions by armed individuals believed to be officers. However, Justice Mwamuye ruled that the petitioners failed to provide sufficient evidence to substantiate their claims that the missing individuals were in police custody. Furthermore, the affidavits submitted by Omtatah and the LSK did not confirm that the abductions were carried out by police officers or that the missing persons were being held by any law enforcement agency.
The case involved eight individuals Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Benard Kavuli, Kelvin Muthoni, and one other who were allegedly abducted by armed men, presumed to be security officers, in the months leading up to the petition. The petitioners argued that these individuals were detained by police officers due to their involvement in criticizing the current government. In their application, Omtatah and the LSK called on the court to order the IG and DCI to present the missing persons in court, regardless of their condition.
However, Justice Mwamuye emphasized that the petitioners had not demonstrated that the missing persons were indeed in police custody or being unlawfully detained by either known or unidentified individuals. The ruling further stated that the petitioners had not provided adequate evidence to compel the security agencies to produce the missing persons.
In an earlier filing, the petitioners had urged the court to apply constitutional provisions to preserve the rights of the missing persons under Article 26, assuming they were still alive. Lawyer Njeru Ndwiga, representing the petitioners, had also requested the court to summon the IG and DCI to provide answers regarding the whereabouts of the two missing individuals.
Throughout the proceedings, Omtatah expressed concerns about the government’s failure to protect citizens from abductions and kidnappings, especially those involved in opposition activities. He had previously accused the police of being complicit in the abductions, claiming that they targeted people critical of the current administration.
Meanwhile, the LSK had called for accountability from the police and other security agencies in response to the widespread condemnation of the abductions. The disappearance of the individuals sparked public outcry and calls for justice from various civil society groups and members of the public.
On the other side of the case, Interior Cabinet Secretary Kipchumba Murkomen sought to have his name removed from the suit, arguing that he had no involvement in the abductions. His legal team, led by lawyer Danstan Omari, filed a separate application requesting the court to expunge his name from the case. Justice Mwamuye agreed to hear this application alongside another similar plea by the Directorate of Public Prosecution (DPP) on April 11, 2025.
In summary, the court’s refusal to compel the security agencies to produce the missing individuals represents a significant setback for Omtatah and the LSK in their efforts to hold the police accountable for the alleged abductions. The case is set to continue with further legal proceedings, including the consideration of the applications by Murkomen and the DPP.
