The High Court has ordered the immediate release of six individuals, including Gideon Kibet and Bernard Kavuli, who were allegedly abducted by government agents. Justice Bahati Mwamuyé ruled that the individuals should not face prosecution until the resolution of a case filed by the Law Society of Kenya (LSK).
This ruling came after a certificate of urgency was submitted by the petitioners, who claimed they were unlawfully detained by police and other security forces. Along with Kibet and Kavuli, the detained individuals are identified as Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo, all of whom are believed to have been victims of forced disappearances and illegal detentions.
Justice Mwamuyé issued a Habeas Corpus order demanding that the petitioners be presented in court by 11:00 AM on Tuesday, December 31, 2024, unless a valid reason for their detention is provided by the authorities. Additionally, the court issued a conservatory order barring police and other respondents from prosecuting the petitioners without prior court approval.
Inspector-General of Police Douglas Kanja has been summoned to court to explain the whereabouts of the petitioners and ensure their appearance as directed. Justice Mwamuyé emphasized the need to protect the petitioners’ rights and hold the authorities accountable for any unlawful actions.
Furthermore, the Director-General of the National Transport and Safety Authority (NTSA), George Njao, or a representative, is required to attend court on January 3, 2025, to provide relevant vehicle records for the case.
