IG Douglas Kanja and DCI Mohamed Amin risk being penalized if they fail to appear in court today over the alleged disappearance of three men who went missing in Mlolongo, Machakos County December 2024.
Last week, Justice Chacha Mwita ordered them to release the men and also appear in court today over the same.
He also said the court will not shy away from imposing sanctions against Kanja and Amin if they fail to do as directed.
The two 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.
He noted that the trio-Justus Mutumwa, Martin Mwau and Karani Muema- were arrested on 16&17 December and have been held beyond the constitutional limit.
He said any continued holding of the subjects is a violation of the constitution.
It's the second time the top police brass have snubbed the court's directive. As the matter was called out in court last week, there was no representation from the IG, DCI and the Attorney General.
Only the DPP was represented.
Mwita said it was extremely unfortunate that the parties failed to attend court even with service being effected 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 duo 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 court today.