Emotional scenes unfolded at the Milimani Law Courts as relatives of three missing persons broke down in tears after lawyers representing the National Police Service told the court that the individuals were not in police custody. The proceedings were briefly disrupted when activists and family members chanted “Tumechoka! Tumechoka!”, demanding answers over the whereabouts of their loved ones and calling on the government to produce them.
Appearing for the Inspector general, lawyer Paul Nyamodi told the court that the National Police Service should be given an opportunity to formally respond to the habeas corpus applications before the court determines whether the missing persons are in police custody. He argued that the applications, as filed, were largely ex parte and assumed that the missing persons were being held by the respondents without giving them a chance to respond to those allegations.
The lawyer further submitted that the petitioners had not demonstrated that they had personally served the respondents with the court directions and the applications, as required by the court. He said the respondents only became aware of the proceedings through widespread media coverage but had nevertheless appeared before the court in compliance with the previous day’s directions.
The State Counsel informed the court that officers from the police stations where the missing persons had reportedly been reported missing, including Ruaraka and Buruburu police stations, as well as senior officers from the Directorate of Criminal Investigations (DCI), were present in court. However, he explained that the Inspector General of Police Douglas Kanja, the Director of Criminal Investigations, and other senior respondents were absent because they were attending a security planning meeting and had been unable to excuse themselves at short notice.
He urged the court to allow the respondents time to file their responses to the habeas corpus applications, arguing that only after considering both the petitioners’ claims and the respondents’ replies would the court be in a position to determine whether the missing persons were indeed in police custody.
Outside the courtroom, desparate relatives of the missing persons made an emotional appeal to the government and security agencies to produce their loved ones, saying they had endured weeks of anxiety and uncertainty. They urged authorities to intensify efforts to establish the whereabouts of the missing individuals and ensure accountability for their disappearance.
