The High Court ordered the immediate release of six people, including Gideon Kibet and Bernard Kavuli, who were reportedly kidnapped by state officials.
Justice Bahati Mwamuyé issued the orders and prohibited their prosecution pending the result of a related lawsuit filed by the Law Society of Kenya (LSK).
The court ruled after the petitioners filed a certificate of urgency, alleging that they were wrongfully detained by police and other security organizations.
Kibet, Kavuli, and four others – Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo – are alleged victims of forced disappearance and illegal imprisonment.
Justice Bahati Mwamuyé granted a Habeas Corpus order compelling the petitioners to appear in court by 11:00 a.m. on Tuesday, December 31, 2024, unless the authorities demonstrate a legal justification for their incarceration.
The court also imposed a conservatory order, which prohibits the police and other respondents from charging or prosecuting the petitioners without the High Court’s approval.
Douglas Kanja, the Inspector-General of Police, has been personally summoned to court to explain the petitioners’ whereabouts.
Kanja, the first respondent in the matter, is also instructed to guarantee that the petitioners appear in court as directed.
“The rights of the petitioners must be protected, and any unlawful action taken by the authorities must be held accountable,”
Justice Mwamuyé stated in his ruling.
In a related development, the Director-General of the National Transport and Safety Authority (NTSA), George Njao, or a designated officer, is asked to appear in court on January 3, 2025, to submit particular vehicle records relating to this case.
