The Director of Criminal Investigations (DCI) Mohamed Amin on Thursday, January 30, 2025, appeared in court to shed light on the three Mlolongo youths who are missing.
Amin together with Inspector General of Police Douglas Kanja appeared before Justice Chacha Mwita at the Milimani Law Courts in Nairobi.
Their appearance in court follows multiple summons related to the abductions of the three men from Mlolongo, Machakos County.
The court had previously ordered the two senior police officers to appear in person to explain the whereabouts of Justus Mutumwa, Martin Mwau and Karani Muema, who disappeared on December 16, 2024.
Despite earlier failures to attend court sessions, both Kanja and Amin complied with the court’s directive on Thursday.
In his submission before the court, the DCI boss said that the three missing persons were not in police custody and as such the authorities could not produce their bodies or take them to the court as required by the constitution.
“I wish to state my lord that the missing persons are not under the custody of the National Police Service. We have not arrested and they are not under our custody. Under the circumstances my lord, we can neither produce their bodies pursuant to the right of habeas corpus nor can we formally prefer any charges against them in view of the fact that they are not under our custody my lord,” Amin told the court.
“The constitution my lord is very clear, any persons arrested by officers of the National Police Service must be availed before a court of competent jurisdiction within 24 hours. And we are very much alive to that provision of the constitution my lord,” he added.
Legal wrangling over summons
The court appearance followed a series of legal manoeuvres, including an earlier attempt by Kanja’s lawyer, Paul Nyamodi, to have the summonses dismissed.
On January 17, Justice Mwita rejected Nyamodi’s application, which claimed that the Inspector General and DCI Director had not been properly served with court orders.
“I’m not persuaded that the email address used was not the confirmed email address or that he was not served,” Mwita ruled at the time.
Mwita had initially ordered on January 13 that both police officials either free the missing men or present their bodies in court by January 17.
However, when the police failed to comply, they argued that they had not received proper notice, prompting Nyamodi’s motion to vacate the orders. This motion was dismissed.
Justice Mwita underscored the court’s duty to ensure the safety of the three missing individuals.
“The fate of the three is unknown. Securing their lives was and must remain a priority to this court,” the judge stated.
Despite the court’s stance, Nyamodi continued to argue that law enforcement officials should not be compelled to produce individuals who were not in their custody.
“There is no allegation that the petitioners are in the custody of the National Police Service, but your Lordship has issued orders to the National Police Service to produce them,” Nyamodi told the court on January 17.
As the case proceeds, the families of the missing men continue to demand answers, fearing they may have been victims of extrajudicial abductions. Civil rights groups have also weighed in, calling for accountability and transparency in police operations.
The court has yet to determine the next steps in the case, but the scrutiny surrounding enforced disappearances in Kenya remains intense.
Abduction concerns
Kenya has faced longstanding concerns over disappearances linked to law enforcement agencies.
While police officials deny involvement, human rights organizations have repeatedly documented cases of extrajudicial detentions and killings.
The case of the three missing men from Mlolongo is the latest in a string of such incidents, placing renewed pressure on the government to enforce police reforms and ensure justice for victims and their families.
The court is expected to make further determinations in the coming days as Justice Mwita continues to oversee the proceedings.
