The High Court has ordered the immediate release of six individuals, including Gideon Kibet and Bernard Kavuli, who were reportedly abducted by state authorities.
Justice Bahati Mwamuyé issued the ruling, which also prohibits any prosecution of the individuals pending the outcome of a related case filed by the Law Society of Kenya (LSK).
The court’s decision followed a certificate of urgency filed by the petitioners, who claim they were unlawfully detained by police and other security agencies. The six individuals—Kibet, Kavuli, and four others: Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo—are said to be victims of forced disappearance and illegal detention.
Justice Mwamuyé granted a Habeas Corpus order, requiring that the petitioners be produced in court by 11:00 AM on Tuesday, December 31, 2024, unless authorities provide a valid reason for their detention. Additionally, the court issued a conservatory order restraining the police and other respondents from charging or prosecuting the petitioners without the court’s approval.
Inspector-General of Police Douglas Kanja has been personally summoned to explain the petitioners’ whereabouts and is ordered to ensure their appearance in court as directed. “The rights of the petitioners must be protected, and any unlawful action taken by the authorities must be held accountable,” Justice Mwamuyé stated.
In a related development, George Njao, Director-General of the National Transport and Safety Authority (NTSA), or a designated officer, is ordered to appear before the court on January 3, 2025, to provide specific vehicle records pertinent to the case.
