Inspector General of Police Douglas Kanja and DCI boss Amin during a press briefing in Nairobi on December 5, 2024/HANDOUTHigh Court Judge Chacha Mwita has said he will not shy away from imposing sanctions against IG Douglas Kanja and DCI Boss Mohamed Amin over the alleged disappearance of three men who went missing in Mlolongo, Machakos County December last year.
Kanja and Amin have of late been caught in a whirlwind of legal battles with this being the second case where they are required to disclose information on missing persons cases.
"This is a grave commission by state officers who have an obligation to uphold and defend the constitution," said Mwita.
The Judge had on Thursday last week ordered Kanja and Amin to immediately and unconditionally release Justus Mutumwa, Martin Mwau and Karani Muema.
"It is clear that the four who were arrested on 16&17 December have been geld beyond the constitutional limit. Any continued holding of the subjects is a violation of the constitution," Justice Mwita said.
In the alternative Mwita issued a further order directing the IG and DCI to produce the bodies of the three in court today (January 13) whether dead or alive.
But as the matter was called out in court today, there was no representation from the IG, DCI and the Attorney General.
Only th DPP was represented.
Mwita said it was extremely unfortunate that the parties failed to attend court even with service being effective on January 9 via email.
"I note with concern the absence of the AG and the other parties. They haven't informed the court why they are not present despite service," said Mwita.
The Judge said the top police brass have a duty to Kenyans to protect their lives and properties.
"Their silence and failure to attend court despite being served is beyond relief. This is a serious breach which calls for sanctions," said Mwita.
He added that he would give them another opportunity to release the petitioners immediately or bring their bodies before the court.
The court at the same time struck out the name of Steven Kavingo a petitioner in the case after advocates stated that he is a petitioner in a similar case before a different Judge.
This was done so as not to have the matters consolidated.
The advocates in court today said the other matter before Justice Bahati Mwamuye where Steven is also a petitioner is at an advanced stage.
In that matter, Mwamuye gave Kanja and Amin a last chance to appear in court and explain what happened to the abducted youths or be jailed for contempt.
They are Peter Muteti, Bernard Kavuli, Billy Mwangi, Gideon Kibet, Rony Kiplangat and Steve Kavingo.
This matter is scheduled for January 27.
Judge Mwita subsequently ordered that the Mlolongo three be released and Kanja and Amin to personally appear in court on January 17 over the matter.
