The state has been ordered to produce Muslim scholar and Lawyer Hassan Nandwa together with his client Elgiva Bwire within 24 hours.
High Court Justice Anthony Mrima also directed Safaricom Limited to produce before the court, the phone call records and BTS (Base Transmitting Station) records and logs of Nandwa from 9:00 a.m. on Thursday 28th October 2021 to 2nd November 2021 midnight.
“I am satisfied there is reasonable circumstantial evidence pointing to the high possibility that the two are in the custody of police or at least they are aware of their whereabouts,” the Judge ruled.
Also Read:
Professor Wilson Nandwa and his client went missing on Thursday 28th October, 2021 under mysterious circumstances.
Law Society of Kenya filed a habeas corpus application against the state arguing that the mysterious disappearance of the two is suspected to be a result of abduction by police officers.
“From the foregoing, there are reasonable grounds to believe that the said armed police officers and the Inspector General of police are aware of the whereabouts of the two,” LSK CEO Mercy Wambua said in an affidavit.
LSK maintains that the lives of the two are in grave danger adding that their status of missing persons continues to breach their fundamental rights to life, liberty and security.
LSK notes that Nandwa had in his capacity as an advocate represented Bwire, who was released from Kamiti Maximum Prison on October 28, 2021.
Bwire was handed over to his mother in the presence of Nandwa by the Anti-Terrorism Police Unit officers.
He however was abducted thereafter which prompted Nandwa at around 4.30 pm, to report at Nairobi Central Police Station the abduction of his client, before heading to Jamia mosque for evening prayers.
He also went missing and was last spotted at 7 pm on that day
