The High Court will today proceed with the hearing of a case touching on the alleged abduction and disappearance of three men from the Mlolongo area in December last year.
The Director of Public Prosecutions wants out of the case stating they were improperly joined in the matter.
The matter is listed before Justice Chacha Mwita.
On Tuesday, the Court of Appeal rejected a request by the IG and DCI to halt the proceedings before Mwita and instead urged them to locate the missing Kenyans
The Inspector General (IG) and the Directorate of Criminal Investigations (DCI) had applied to the Court of Appeal to have the proceedings before Judge Mwita suspended on the grounds that the court had unjustly issued a habeas corpus order without establishing that the missing persons were in their custody.
"The concern of the IG and DCI is that the High Court has condemned them unheard by issuing the order of habeas corpus. We have an issue with the manner in which the court is proceeding with the matter," said advocate Paul Nyamodi representing the two.
Amin and Kanja, who appeared before Judge Mwita last month, denied having the missing individuals in their custody but stated that investigations were ongoing.
What followed was two of them being found dead.
The body of Martin Mwau was found at the Nairobi Funeral Home (formerly City Mortuary) in the same place where the body of Mutumwa Musyoki was discovered.
It emerged that the bodies were delivered to the mortuary on December 17, a day after their abduction from the Mlolongo area.
Karani Muema is yet to be found.
Separately, A Magistrates court will mention a case in which a bank official faces arrest for allegedly giving false information to the police in connection with a property dispute involving former CS Raphael Tuju.
Milimani Magistrate Dolphina Alego issued a warrant of arrest for Isaac Okwara after he failed to comply with summons to appear in court on Tuesday, February 11, 2025.
The Magistrate however said the warrant will be held in abeyance for 24 hours, meaning the warrant will not be executed until after 24 hours.
The Magistrate issued the direction after being informed that the High Court had suspended the proceedings before her.
"The arrest warrant has been out in abeyance for 24 hours as we await the high court's order," she said.
According to the charge sheet, it is alleged that Okwara on 8 August 2023 at DCI Headquarters gave information to a police officer identified as Duncan Maina that Tuju had committed criminal offences.
The charge sheet states that Okwara allegedly told the officer that Tuju had made some illegal transfer of a mortgaged property and unlawful receipts.
"On the 8th of August 2023, you Isaac (Okwara) gave the false information to cause Maina to commence criminal investigations against Tuju, which you ought not to have done if the true state of facts in respect to such information had been known to him," reads the charge sheet in part.