Inspector General of Police Douglas Kanja and DCI Director Mohamed Amin have failed to appear in court for a case filed by human rights organizations regarding the alleged abduction of three Kenyans.
Their lawyer, Advocate Paul Nyamodi, told the court on Friday, January 17, that the two were not properly served, which explained their absence.
The case, presided over by Justice Chacha Mwita, involves the disappearance of three individuals, Justus Mutumwa, Martin Mwau, and Karani Muema, who were allegedly abducted in Mlolongo. Families of the missing persons are seeking answers about their whereabouts.
Nyamodi argued that the affidavit of service, sworn on January 13, failed to prove that the IG and DCI had been served via their last confirmed and used email addresses.
“The affidavit of service sworn on January 13 is not proof of service by way of electronic mail, as it does not state that the email addresses used were the last confirmed and used email addresses of the IG and DCI,” he stated.
Justice Mwita, in his directions, acknowledged the arguments presented and stated that a ruling on whether the police chiefs would be compelled to appear in court would be delivered on Thursday, January 23.
“I will consider your arguments and, because of the workload we have, I will deliver my ruling on the 23rd of this month at 11 a.m. in open court,” the judge said.
He further clarified that orders issued on December 28 and reaffirmed on January 13 would remain in force until the ruling is delivered.
Under the Witness Summonses (Reciprocal Enforcement) Act, failure to honor court summons can result in a fine of up to Ksh500,000.
“Any person who has been served with a summons under this Act and has not been excused from complying therewith by an order made under section 7 or section 8 of this Act shall, if they fail to obey the summons, be guilty of an offence and liable on conviction to a fine not exceeding Ksh500,000.”
The police have faced public scrutiny over recent abductions, with the IG and DCI being named in several lawsuits related to the incidents. Despite mounting criticism, the police have denied involvement in the disappearances.
Interior CS Kipchumba Murkomen has defended the police, highlighting their dedication to ensuring public safety. In an opinion piece published in a local daily, Murkomen emphasized the effectiveness of Kenya’s security agencies, urging citizens to acknowledge their efforts.
“It is shameful that someone unfamiliar with Kenya would not recognize the effectiveness of our policing if they relied solely on legacy and social media sentiments,” he wrote.
Murkomen added, “Because the security and administration sector is functioning, it is easy to assume it has always been so and will continue to be even if we plunder it.”
