Court declines to stay orders requiring Kanja, Amin to appear over missing Mlolongo 3

 

Inspector General of Police Douglas Kanja and Director of Criminal Investigations (DCI) Mohamed Amin have been dealt a blow after the High Court rejected their bid to stay orders requiring them to personally appear in court over the disappearance of three young men from Mlolongo.

In a ruling delivered by Justice Chacha Mwita on Thursday, the court dismissed the plea by the senior officers who had sought to delay their appearance in the ongoing case concerning the abductions.

The three young men Justus Mutumwa, Martin Mwau, and Karani Mwema were arrested on December 16, 2024, but their whereabouts remain unknown with their families pleading for answers.

"The safety and well-being of these abducted individuals remain the priority of this court," Justice Mwita stated firmly.

He emphasised that the continued detention of the three men without being presented in court within the stipulated 24-hour period constituted a clear violation of their constitutional rights.

"The facts of this petition, coupled with the police command’s responsibility to ensure that any arrested person is brought before a court, show that this is a matter of public interest," Mwita continued.

"Allowing this application would undermine the very essence of the habeas corpus orders intended to protect constitutional rights."

Justice Mwita made it clear that both Kanja and Amin had been properly served with court orders to appear in court, rejecting their claims that the email addresses used to notify them were unverified.

"I'm not persuaded that the email address used was not confirmed or that they were not served," the judge stated. "The pleadings were received, and that is why they were represented in court."

The two senior officers had contested the method of service, arguing that the public email addresses were not official or confirmed.

However, the judge ruled that public email addresses could be used for serving public servants as long as they are in regular use.

"I have looked at the affidavit and found that the service was properly carried out by email," Mwita ruled adding, "Public email addresses are valid for service, provided they are actively used."

Following the ruling, IG Kanja and DCI Amin have been ordered to appear in court to explain their involvement in the abductions of Mutumwa, Mwau, and Mwema.

Failure to comply with the court’s orders could result in contempt charges, including possible imprisonment.