The Nairobi High Court sitting at Milimani has summoned the Director of the Witness Protection Agency (WPA) to appear in person and explain the steps taken to protect witnesses linked to the disappearance of Kiamaiko businessman Abdulaziz Zizou and three other missing men.
The directive was issued as the court continued hearing a habeas corpus application seeking to establish the whereabouts of Zizou, Macmillan Kiarie Mugo, Michael Oloo and Evans Otieno, who have reportedly been missing for nearly two months.
The court wants the WPA director to provide an account of the measures taken by the agency to protect individuals who may possess crucial information regarding the circumstances surrounding the disappearance. The summons has placed renewed focus on the safety of potential witnesses, amid concerns that those who may assist in the case could face intimidation, threats or interference.
Counsel Abner Mango, representing the families of the missing men, told the court that his office served the Witness Protection Agency with the relevant documents on July 21 and also visited the agency’s offices on Monday.
According to Mango, officials at the agency acknowledged receipt of the court order but informed him that the matter was still pending.
The lawyer expressed concern over the delay, questioning why the agency had not taken action despite having received the documents.
“In admitting that they have received the court documents, they then tell us that the same are still on the desk. So we are surprised as to what is pending,” Mango told the court.
On July 20, Mango formally applied for witness protection for three key witnesses whom the applicants say could provide critical information concerning Zizou’s disappearance. He urged the court to compel the agency’s director to actively participate in the proceedings and explain what action had been taken following the application.
Mango argued that the Witness Protection Agency, having been established under the law, could be compelled to appear before the court and account for the steps it had taken.
“They can be able to actively participate in these proceedings so that they can explain to the court the verdict that they have taken,” he argued.
The applicants contend that the agency’s failure to respond to their request for protection amounts to a dereliction of its statutory responsibility, particularly given the circumstances surrounding the case.
Counsel Nyamodi, who appeared for the police, did not make substantive submissions during Monday’s hearing.
Zizou’s disappearance has attracted considerable public attention, with questions being raised over the circumstances of his reported abduction and the actions taken by security agencies after he allegedly went missing. The habeas corpus proceedings seek to compel the authorities to account for the whereabouts of the missing persons and, if they are being held in custody, produce them before the court.
At the close of the hearing, the judge directed the Director of the Witness Protection Agency to appear personally before the court on Tuesday and explain the agency’s intervention, if any, and the measures put in place to safeguard potential witnesses. The judge further noted that the director’s appearance could influence the trajectory of the anticipatory bail application, which the court is expected to consider alongside the habeas corpus proceedings.
The applicants have urged the court to deal with the matter expeditiously, arguing that the continued uncertainty surrounding the whereabouts of the missing men has heightened anxiety among their families and the wider public.
The proceedings are expected to provide further clarity on the role of state agencies in the case, the safety of potential witnesses and the efforts being made to establish what happened to Zizou and the other missing individuals.
