Milimani High Court judge Bahati Mwamuye on Friday, January 31, 2025, adjourned the hearing of the matter on the six Kenyan abductees to February 14, 2025, to allow lawyers of the 8th petitioner to serve respondents with details of his disappearance.
The adjournment came after it was discovered that not all parties had the knowledge and particulars of the disappearance of the 8th petitioner applicant or of the Kibera matter.
This was after lawyer Paul Nyamodi, representing the Inspector General of Police Douglas Kanja, told the court that he had not yet been served with the 8th petitioner’s details.
Nyamodi said that he could not proceed with the submissions without Kelvin Muthoni’s particulars on how he disappeared.
Judge Mwamuye directed the lawyers representing petitioner Kelvin Muthoni to serve the respondent’s lawyers with the details of his disappearance by Wednesday, February 5, 2025.
“All petitioners and their counsels as well as interested parties are to serve all other parties any further affidavit or documentation of the 8th petitioner applicant by close of business on Wednesday, February 5, 2025,” Judge Mwamuye directed.
Petitioner’s rights
On Friday, January 31, 2025, during the proceedings, the petitioners, led by Njeru Ndwiga, urged the court to apply Article 23 and preserve the petitioner’s rights under Article 26 on the presumption that the two missing petitioners are still alive.
Alternatively, Njeru sought the court to set aside stay orders and summon the Inspector General of Police Douglas Kanja and the Directorate of Criminal Investigations (DCI)to appear in court and answer the whereabouts of the two missing petitioners.
“In the alternative, your Lordship, the court does find it fit to set aside the orders of stay and summon the IG and the DCI to come before this court and answer just one question: Where are the petitioners? What interventions have you done in that respect?” lawyer Njeru told the court.
However, Justice Mwamuye declined Njeru’s request.
Additionally, Njeru asked the court to pronounce itself that it is not as desperate as the petitioners and that the respondents are not going to control the systems that work in this country to their favour accusing the respondents of doing what they want in all aspects.
Njeru asked the judge to intervene and let the petitioner’s lawyers know the status of the two missing petitioners, Kelvin Muthoni and Steve Kavingo.
The hearing of this matter will be on February 14, 2025, and the ruling will be done February 21, 2025.
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