Habeas Corpus Application Discharged in Abduction Case
The judge noted that six out of the eight abductees have resurfaced from other places rather than police custody whilst two are still missing.
The High Court has discharged the application of habeas corpus which was filed against the eight abductees requiring the police to produce them citing that they failed to prove they reappeared from other places rather than police custody.
During the ruling of the matter which was delivered virtually at Milimani law courts, Justice Bahati Mwamuye discharged the applications of habeas corpus citing that the applicants did not prove the abductees were in the hands of the police,
“The application of habeous corpus has been discharged since they did not meet the threshold required by law to prove that the seven abductees were in custody of police,” Justice Mwamuye ruled.
The judge noted that six out of the eight abductees have resurfaced from other places rather than police custody whilst two are still missing.
While delivering the ruling, Justice Mwamuye cleared the Inspector General of Police Douglas Kanja, Director of Criminal Investigations (DCI) Amin Mohamed, National Police Service (NIS), the Minister for Interior Kipchumba Murkomen and the Director of Public Prosecutions (DPP) Renson Ingonga, adding that the applicants did not produce enough evidence to prove the abductees were held by police.
The judge further directed that the matter proceed to a full hearing directing the parties to appear in a physical court tomorrow April 11, 2025, for the arrangements of how the hearing will proceed,
“The matter will proceed to a full hearing and I urge the parties to appear in a physical court on April 11, 2025, for directions on how the matter will proceed.
The Law Society of Kenya (LSK) had applied for habeas corpus against the seven abducted youths who they alleged to be abducted by police officers guised in civilian clothes.
In the application filed before the High Court in Kibera on Omtatah through lawyer, Philip Langat had sued the Inspector General of Police, the Directorate of Criminal Investigations, and the Director of Public Prosecutions.
The LSK wanted the police officers to produce the bodies of Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli, and Kelvin Muthoni.
The police had denied having the seven abductees in their custody prompting the court to issue summons to security heads Douglas Kanja, the Inspector General of police, and Amin Mohamed the DCI chief.
Lawyer Danstan Omari who represented the interior Cabinet Secretary applauded the ruling stating that the court has proved its discretion in determining the issue,
“I applaud to the decision by the learned judge for the manner in which he delivered the ruling on the issue by not dragging an innocent person like the minister in an offence unknown to him,” Omari said while addressing journalists shortly after the ruling.
