Court rejects LSK, Omtatah petition on 'State abductees'

The High Court has dismissed an application by the Law Society of Kenya (LSK) and Busia Senator Okiya Omtatah seeking to compel the government to release eight individuals allegedly abducted by police in December 2024 and January 2025.

Justice Bahati Mwamuye, in dismissing the application that sought to compel Inspector General Douglas Kanja and DCI Director Amin Mohamed to ="https://www.standardmedia.co.ke/health/index.php/national/article/2001510105/kanja-eats-humble-pie-to-appear-in-court-over-missing-persons">produce the missing persons< in court—either alive or dead—ruled that LSK and Omtatah failed to provide sufficient evidence to show that the individuals were in police custody.

In his ruling, the judge stated that the petitioners did not adequately substantiate their claims that the missing persons, including some who had already been released earlier this year, were being held by police.

"They did not establish that the seven individuals are in the custody of the respondents, nor did they satisfy the court that the seven, along with an eighth individual, are being unlawfully detained by either known or unknown persons," said Justice Mwamuye.

The court noted that six of the eight alleged abductees had already reappeared from locations unrelated to police custody.

"The remaining two persons are still missing, and there is no evidence that they are being held in police custody, or in any other known place that would require the court to issue a writ of habeas corpus. Accordingly, the application is dismissed for lack of merit," the judge ruled.

The petitioners had claimed the individuals were in ="https://www.standardmedia.co.ke/national/article/2001509140/police-deny-responsibility-for-abductions-promise-continued-investigations">police custody after being abducted by armed men< believed to be officers.

The judge also dismissed a separate request by Omtatah and the LSK seeking to compel the National Transport and Safety Authority (NTSA) to provide details of three motor vehicles allegedly used in the abductions.

Justice Mwamuye ruled that the petitioners failed to provide sufficient justification for summoning the NTSA Director-General or for compelling the production of the vehicles in court.

“Allowing this request would, in effect, amount to issuing a warrant of arrest for the persons listed as the owners of the motor vehicles,” the judge stated.

The petitioners alleged that officers attached to the Inspector General of Police and the Directorate of Criminal Investigations (DCI) were involved in the alleged abductions. The victims were reportedly last seen in three concealed vehicles believed to have been used in the incidents.

Through their submissions, the LSK argued that the missing persons had been abducted by armed men in civilian clothing and wearing masks. The attackers allegedly used vehicles resembling those typically deployed in police operations, disguising them to conceal their identities.

Despite the serious nature of the allegations, the court found that the petitioners had not met the legal threshold necessary for the intervention they sought.

“It is for this reason that the petitioners’ notice of motion dated 26 December 2024 is without merit, and the same is hereby dismissed,” ruled Justice Mwamuye.

Delivering the ruling at the interlocutory stage, and after reviewing affidavits from both sides, the judge found that the applicants had failed to meet the burden of proof.

The victims listed in the Habeas Corpus application included Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Benard Kavuli, and Kelvin Muthoni—whom the LSK and Omtatah wanted ordered to be produced in court, alive or dead, by the country’s security and prosecution agencies.

The individuals had reportedly gone missing for nearly a month after being="https://www.standardmedia.co.ke/national/article/2001508828/court-directs-police-boss-to-produce-in-court-seven-missing-persons"> abducted between 16 and 17 December < at different locations on the outskirts of Nairobi.

They were allegedly taken from their homes and public streets just months after youth-led nationwide protests over Kenya’s worsening economic and health crises under President William Ruto's administration last year.

In his application, Omtatah criticised the country’s security agencies, accusing them of failing to protect citizens from abductions targeting government critics.

The LSK is demanding accountability from police leadership over the abductions that occurred in December 2024.