High Court orders police to free 6 abducted Kenyans as IG Kanja summoned

Issuing the orders, Justice Bahati Mwamuyé 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 Kibet, Kavuli, and four others – Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo – are 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.