In a significant ruling on Thursday, the High Court dismissed an application made by Inspector General of Police, Douglas Kanja, and the Director of Criminal Investigations (DCI), Mohamed Amin, who had denied receiving court orders to appear before the court.
Justice Chacha Mwita, in his decision, stated that both the IG and DCI Director were properly served with court orders that required them to appear in relation to the case of three missing men who were allegedly abducted in Mlolongo.
The judge emphasized that service through the National Police Service email was valid. He pointed out that there is no confusion about the identity of the Inspector General, and since the contact details of public officers, including their email addresses, are public records, the service was legitimate.
Justice Mwita ruled, “I am convinced that they were duly served with the application and the orders issued.”
As a result, the court has now ordered IG Kanja and DCI Director Amin to appear before the court on January 30, 2025, to provide an explanation regarding the disappearances of the three men.
The judge further stressed that the safety and well-being of the three missing men were of utmost importance to the court.
He noted that it would not be in the public’s best interest to grant the request made by IG Kanja and DCI Director Amin to overturn the court’s orders.
Previously, the High Court had issued orders requiring the two police leaders to appear in person before the court to address the issue of the three men missing from Mlolongo.
However, Kanja and Amin filed an application claiming they had not been properly served with the orders.
In their petition, they argued that the court had condemned them without a hearing, asking the court to annul the orders that had been issued.
Despite their request, Justice Mwita chose not to suspend the orders, stating that all individuals, regardless of their position, have equal rights under the Constitution.
He explained, “No one has more rights than another. The court must apply the proportionality test, balancing all rights and, when necessary, giving priority to the most vulnerable.”
The judge also highlighted the case of another group of four individuals who were arrested by police officers on December 16, 2024, and whose whereabouts remain unknown.
These individuals were not presented in court within the required 24 hours as stipulated by the Constitution, and their families are unaware of their fate.
“Ensuring the safety and well-being of the second group of petitioners, who have been missing since December, is just as critical,” Justice Mwita stressed.
He reminded the court that the law mandates that any arrested person must be brought before the court within 24 hours, emphasizing that protecting their lives must remain the court’s priority.
In conclusion, the ruling highlights the importance of upholding constitutional rights and ensuring accountability from law enforcement agencies, especially in cases involving forced disappearances.
The court’s focus on securing the lives of the missing individuals demonstrates a strong commitment to justice and the rule of law.
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