The High Court will today rule on whether it will set aside orders requiring the attendance of IG Douglas Kanja and DCI Mohamed Amin in court over the alleged abduction of three Mlolongo men.
Justice Chacha Mwita had issued the orders on January 8 and 13 but the IG and DCI sought to have the orders set aside claiming they were not served.
This assertion comes even as the petitioners led by the Last Society of Kenya (LSK) argued that the IG and DG were properly served.
Through advocates Nyawa Malidzo, Brandon Omondi and others, the petitioners said the duo was served electronically through emails they have previously been using.
But lawyer Paul Nyamodi argued that rules of service require that service be effected upon his clients at "their last confirmed and used email address".
He said the email addresses alluded to by the petitioners are not their "last confirmed and used email addresses".
Based on this, Nyamodi sought to have orders issued on January 8 and 13 requiring the IG and DG to produce the three men set aside.
The three are Justus Mutumwa, Martin Mwau and Karani Muema.
Also seeking to be set aside is the order requiring their attendance in court over the same.
"My clients should have been given an opportunity to be heard before the directions of the court were issued," said Nyamodi.
He submitted that it's important before the court makes an order for production it should hear all parties considering that the allegation is "they are missing and not in the custody of the national police service".
The Mlolongo 3 were riding on a motorcycle from Athi River to Mlolongo on the day they were allegedly abducted. It happened on January 16.
The petition filed by LSK states that while they were approaching Fun City Gardens in Utawala which is along the Easter Bypass, a Toyota Harrier SUV blockaded their path forcing them to stop in the middle of the road.
"The SUV was unmarked and its plates were distorted. From the car, two plain-clothed police officers alighted with masks on and handguns," reads the documents in part.
LSK says the two plain-clothed police officers roughed up the three men and bundled them into the SUV then they sped off towards Ruai Town.
"Since their abduction, they have been unreachable. Their mobile phones have been switched off and they have since been and still are incommunicado," said LSK.
According to the court documents, the abduction of the three was allegedly triggered by their social media activities and dissatisfaction with the current state of the country both economically and socially.
Gachagua impeachment
A three-judge bench is set to issue directions in cases challenging the impeachment of Rigathi Gachagua.
The last time the matter was in court, Justices Eric Ogola, Anthony Mrima and Fredah Mugambi said the over 30 petitions will be mentioned today to allow Gachagua pursue an appeal that's challenging the appointment of the bench to determine the cases.
Gachagua is challenging the powers of the DCJ Mwilu to assign three judges to hear and determine the cases.
