The High Court has ordered the immediate and unconditional release of six youths who were allegedly abducted by individuals connected to law enforcement.
This case has highlighted growing concerns about forced disappearances in the country.
The High Court has allowed an application by the @LawSocietyofKe and granted orders in the nature of haveas corpus directing the @NPSOfficial_KE to unconditionally release Peter Muteti, Bernard Kavuli, Billy Mwangi, Gideon Kibet, Rony Kiplangat, and Steve Kavingo.
— Faith Odhiambo (@FaithOdhiambo8) December 30, 2024
The @IG_NPS,… pic.twitter.com/Swho0Wmsjg
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Identity of the Abducted Youths
The six victims at the center of this high-profile case have been identified as:
- Peter Muteti
- Bernard Kavuli
- Billy Mwangi
- Gideon Kibet
- Rony Kiplangat
- Steve Kavingo
The Law Society of Kenya (LSK) has taken up their cause, initiating legal proceedings to secure their release.
Details of the Court Order
Justice Bahati Mwamuye issued a comprehensive ruling on Monday, December 30, which included several key directives.
“Pending the inter partes hearing and determination of the Application dated 26/12/2024, produce the 2nd to 7th Petitioners/Applicants at Milimani Law Courts, High Court Wing, Nairobi City County, on 31/12/2024 at 11:00 AM before this Court or the Milimani High Court Criminal Duty Court,” the order stated.
The court explicitly prohibited any prosecution of the youths and issued a habeas corpus order mandating their presentation in court by Wednesday, December 31.
Inspector-General’s Personal Responsibility
The court specifically named Inspector-General Douglas Kanja in its directive. The order states:
“Douglas Kanja Kirocho, shall in his capacity as the 1st Respondent and also in his capacity as the 9th Respondent, personally secure compliance with Orders (1) and (2) above and shall consequently personally produce the 2nd – 7th Petitioners/Applicants before this Court.”
Legal Consequences and Warnings
Justice Mwamuye issued a stern warning about non-compliance, reminding all parties of:
“the penal consequences stated at the foot of this Court Order and also the applicable provisions of the law of contempt of court as well as their obligations and liabilities under the Constitution pursuant to their oaths of office.”
ODPP’s Intervention
The case has prompted action from the Office of the Director of Public Prosecutions (ODPP). DPP Renson Ingonga has called for an accelerated investigation into these alleged police abductions and forced disappearances, responding to mounting public pressure and media coverage.
Legal Representation and Constitutional Rights
Florence W. Muturi, the LSK chief executive officer, is representing the petitioners. The LSK’s petition argues that state security agencies have violated the constitutional rights of the youths through their unlawful detention.
