Court Orders IG Douglas Kanja to Release Four Missing Mlolongo Men After 22 Days in Custody
Nairobi – A High Court in Nairobi has ordered the Inspector General of the National Police Service, Douglas Kanja, to immediately and unconditionally release four men who were reported missing after being abducted in Mlolongo, Machakos County.
The four individuals, identified as Justus Mutumwa, Martin Mwau, Karani Muema, and Stephen Kavingo, have been missing since December 16, 2024.
On Wednesday, January 8, High Court Judge Chacha Mwita ruled there was enough evidence showing the men had been detained for longer than allowed by the Constitution.
He declared that holding them any further violated both the Constitution and the supreme law of the land.
“Upon reading the pleadings and the supporting documents presented, it is evident that the four men arrested on December 16 and 17, 2024, have been detained longer than the legally permitted duration.
Their continued detention is unconstitutional, unlawful, and cannot be justified under any circumstances,” Justice Mwita stated in his ruling.
The judge ordered Inspector General Douglas Kanja and the Director of Criminal Investigations (DCI) Amin Mohammed to immediately release the four men without any conditions.
He further warned that if the men were not freed, the two security chiefs would be required to present the bodies of the four victims in court on January 13, 2025, at 10:00 am.
“A conservatory order is hereby issued directing the Inspector General of Police and the Director of Criminal Investigations, both in their official and personal capacities, to immediately and unconditionally release the four detained individuals,” Justice Mwita declared.
“In the alternative, an order of habeas corpus is issued, requiring the Inspector General and the DCI to personally present the bodies of the four men before this court on January 13, 2025, at 10:00 am,” he added.
Hon. Justice Chacha Mwita has today issued orders in a petition filed by the @LawSocietyofKe for the unconditional release of Mr. Justice Mutumwa, Martin Mwau, Karani Mwema , and Stephen Kavingo, who were picked at Mulolongo and whose whereabouts are unknown to date. The IG has… pic.twitter.com/b5frcjMlYf
— Manwa Hosea (@ManwaOH) January 8, 2025
Why Did the Judge Threaten to Sentence IG Kanja?
The judge’s strict orders came after IG Douglas Kanja, DCI boss Amin Mohammed, and Interior Cabinet Secretary Kipchumba Murkomen failed to appear in court as previously directed to explain the rising cases of enforced disappearances.
The three had been summoned to court on December 31, 2024, but they did not appear. The hearing was postponed to January 8, where they were again expected to clarify why previous court orders had been ignored.
CS Murkomen sent his lawyer, Danstan Omari, to represent him, while both IG Kanja and DCI boss Amin Mohammed were completely absent. Kanja cited other pressing security duties as the reason for his absence.
During the morning court session on January 8, Justice Bahati Mwamuye adjourned the hearing until the afternoon to allow IG Kanja time to appear in court.
However, when he still failed to show up, the judge warned he could face sentencing for contempt of court.
Justice Mwamuye emphasized that failure to obey court orders and appear when summoned could lead to serious consequences, including possible sentencing for contempt of court.
