The High Court has ordered senior security officials, including the Inspector General of Police Douglas Kanja, the National Police Service and the Directorate of Criminal Investigations (DCI), to personally appear in court over the alleged disappearance of three Kenyans, even after the State denied holding them in custody.
When the matter came up before Justice Alexander Muteti at the Milimani Law Courts, counsel Paul Nyamodi, appearing for the first respondent (National Police Service), the second respondent (Directorate of Criminal Investigations) and the fifth respondent (Inspector General Douglas Kanja), informed the court that the officials were unable to attend because they were engaged in security operations.
Counsel Nyamodi submitted that if the court considered their attendance necessary, it should issue another hearing date to facilitate their appearance.
He further maintained that the respondents had no knowledge of the whereabouts of the missing persons and were not holding them in custody.
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The fourth respondent, through counsel Marua, associated himself entirely with the submissions made by counsel Nyamodi.
However, lawyer Abner Mango, appearing for the families of the missing persons, urged the court to strictly apply the principles governing habeas corpus proceedings.
He submitted that once an application is placed before a judge and is not dismissed at the ex parte stage, those alleged to be detaining the missing persons are required to appear before the court and explain where the individuals are.Mango argued that the matter concerns the liberty of three Kenyan citizens and that the public deserves answers.
“Kenyans want to know where these three Kenyans are. The first, second and fifth respondents should appear before this court and tell us where they are.”
He further told the court that enforced disappearances had become increasingly common in the country, questioning who was responsible for the missing persons if the respondents were insisting they were not in their custody.
“Disappearances have been too many in this country. If they say they do not have these people, then who has them?” counsel submitted.
In his ruling, Justice Alexander Muteti noted that since the respondents had denied any knowledge of the whereabouts of the missing persons, they would be required to formally place that position before the court through sworn affidavits.
The judge directed the first, second and fifth respondents to file affidavits through their counsel and further ordered that they personally appear before the court. The matter was scheduled for hearing of the affidavits on July 20, 2026.
Outside the courtroom, the parents of the three missing men appealed to President William Ruto, Inspector General Douglas Kanja and Interior Cabinet Secretary Kipchumba Murkomen to intervene and help reunite them with their children.
The emotional families expressed growing concern over the safety and wellbeing of their loved ones, saying they continue to live in uncertainty as they await answers on their whereabouts.
