Court gives LSK, Omtatah 30 days to amend missing persons petition

The High Court has granted the Law Society of Kenya (LSK) and Senator Okiya Omtatah 30 days to amend their petitions.

Their petition is seeking to compel the state security agencies to produce in court, two missing persons alive or dead allegedly abducted by police in December last year.

Justice Bahati Mwamuye on Friday gave the petitioners until May 19 to file a fresh petition regarding the disappearances of Kevin Muthoni and Stephen Kavingo whose whereabouts remain unknown to date.

This directive followed a plea by LSK lawyer Mr. Abner Mango who asked the court to allow them to include new details surrounding the mysterious disappearances of the 8 individuals who were abducted late last year.

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This new twist comes after six individuals who had been abducted have since been freed without any information tendered in court so far regarding who had been abducted.

Those who have since been released are Gideon Kibet, Ronny Kiplagat, Billy Mwangi, Peter Muteti and Benard Kavuli. 

Mr. Mango informed the court of plans to file a formal application compelling the government to conduct DNA tests on 14 unidentified bodies currently lying at the City Mortuary, to determine if Muthoni and Kavingo are among them.

The court heard that the DNA samples earlier taken on two bodies believed to that on Muthoni and Kavingo have since been taken to the government chemist since February and result are yet to be released to date

Inspector General and the Cabinet Secretary for Interior, lawyers Danstan Omari and Paul Nyamodi opposed the move, urging the court to direct the LSK to formally apply for DNA testing and seek a report from the Government Chemist.

Meanwhile, Interior CS Onesmus Kipchumba Murkomen, through lawyer Omari, asked the court to give directions on his application seeking to be removed from the proceedings, arguing he was not involved in the alleged abductions. 

A similar application was made by the Director of Public Prosecutions (DPP), who also sought to have his name removed from the case.

However, the judge declined both requests and urged the CS and the DPP to reconsider their position, stating that serious allegations may arise during the proceedings, and it would be important for them to have the opportunity to respond.

Both were given until May 19 to decide whether they still wish to be removed from the case.

This development comes a day after the court declined to compel the State to produce the missing persons in court.

The judge also give directions that the proceedings of the abduction case will be conducted in open court where witnesses testimonies will be taken. 

He urged all parties to file their witnesses' statements in court ahead of the scheduled hearing expected to take place in October this year for two weeks continuously.

Lask and Omtatah moved to court after the individuals had been missing for nearly a month after they were abducted between December 16 and December 17 last year at different locations on the outskirts of Nairobi.

Reportedly, they were allegedly taken from their homes and streets within months after the youth-led nationwide protests against the deepening economic and health crises during President William Ruto’s rule last year.

In his application, Omtatah criticized the security agencies accusing them of failing to protect citizens from abductions targeting government critics

Lsk is demanding accountability from the police chiefs over the abductions that occurred in December 2024.