High Court summons Kanja, Amin over missing Mathare activists

The High Court has summoned Inspector General of Police Douglas Kanja and Director of Criminal Investigations Mohammed Amin to appear in court over the disappearance of three Mathare activists.

The order, issued by High Court Judge Alexander Muasya Muteti, followed an application seeking the production of the three men after their alleged arrest by suspected state agents.

Kanja and Amin did not appear in court on Tuesday, July 14, as earlier directed.

Lawyer Paul Nyamodi, representing the two security chiefs, told the court that his clients were unable to attend in person because the orders requiring their appearance had been served late.

In his ruling, Justice Muteti set July 20 as the hearing date and ordered Kanja and Amin to appear in court.

The proceedings were briefly disrupted after family members and human rights activists shouted and sang in the courtroom.

According to the court application, the whereabouts of Macmillan Kiarie Mugo, a youth leader and political mobiliser known for his social and economic development work in Mathare; Evans Otieno Omondi, a boda boda rider who operated from the Mathare main stage; and Michael Oloo Osoro, a resident of Umoja One, remain unknown.

Court documents state that the three were reportedly picked up by armed men travelling in unmarked vehicles.

“The persons were all armed with handcuffs and rifles, while some were additionally armed with pistols secured in thigh holsters,” the court heard.

Mugo's mother told the court that family and friends were unable to reach him by phone on the morning of June 20, prompting them to begin searching for him.

“It is reasonably believed that the subject has been abducted by a clandestine unit within the country’s security apparatus and that the subject is now a victim of torture and/or intimidation and even risks death,” the court documents state.

Osoro's wife, Rose Sopi, told the court that her husband was picked up from a barbershop while being shaved.

“Despite making a missing person report and diligent efforts by his family members and advocates to trace him through various police stations within Nairobi County, no information on his whereabouts has been forthcoming.”

Pamela Aloo, Omondi's wife, told the court that her husband, a boda boda operator, was last seen at a shop in Ruai, where she alleged he was taken by men who left his motorcycle behind.

The respondents had not filed a substantive response by the time the matter came up for hearing.

The court ordered Kanja and Amin to appear on July 20 to show cause why the three men should not be produced before the court.