Busia Senator Okiya Omtatah has filed a petition in the High Court seeking orders compelling the police and the Directorate of Criminal Investigations (DCI) to produce seven abductees either alive or dead. This urgent plea, filed on Monday at the High Court in Kibera, underscores growing concerns over enforced disappearances in Kenya.
Through his lawyer, Philip Langat, Senator Omtatah has named Inspector General of Police Douglas Kanja, DCI Director Mohamed Amin, and Director of Public Prosecutions Renson Ingonga as respondents in the case. The petition specifically seeks accountability for the whereabouts of Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli, and Kelvin Muthoni.
Omtatah’s application highlights the fundamental rights to life and liberty enshrined in the Kenyan Constitution. He contends that these disappearances undermine public trust in law enforcement and the justice system.
In his petition, the Senator calls for two key interventions from the court: First, an order compelling the respondents to produce the seven individuals and provide a detailed account of their status. Second, if they are being held in custody, their immediate release unless valid charges are preferred against them.
As an alternative, Omtatah requests the court to direct the respondents to explain why the abductees should not be granted bond or bail, a constitutional right for individuals under detention.
This legal action comes amidst mounting criticism of security agencies accused of using abductions and enforced disappearances as a means to suppress dissent and address criminal cases without due process.
Senator Omtatah emphasized the urgency of the matter, asserting that the state has a duty to protect the rights of all citizens, including those under investigation. “No one should be subjected to unlawful detention or disappearances. The rule of law must prevail,” Omtatah said.
The case has sparked public debate, with human rights organizations rallying behind Omtatah’s efforts to shed light on the missing individuals’ fate. A hearing date for the petition is expected soon, as the nation awaits the court’s response to this critical matter.
