Inspector General of Police Douglas Kanja and Director of the Directorate of Criminal Investigations Mohamed Amin now seek to set aside orders requiring their attendance in court over the alleged disappearance of the Mlolongo 3.
The two were expected in court today to shed light on the alleged abduction of Justus Mutumwa, Martin Mwau and Karani Muema.
Justice Chacha Mwita had directed they produce the three men in court today whether dead or alive and also appear in court personally over the same.
But the top police brass told Judge Mwita they were not aware of the orders of the court as the same was not served on them.
Through Advocate Paul Nyamodi, the duo said there is no proof of service that's on record as required by law.
Advocate Danstan Omari representing Interior Cabinet Secretary Kipchumba Murkomen also said they were not served which prejudices his client.
However, the petitioners led by LSK submitted that the IG and DCI were properly served.
The court heard that they served them electronically through emails they had previously been using.
But Nyamodi said, "The affidavit of service sworn on January 13 is not proof of service by way of electronic mail as it does not state that email addresses through which the IG and DCI were purportedly served, were their last confirmed and used email addresses."
More to follow...
