High Court has ordered the Inspector General of Police Hillary Mutyambai and the Attorney General Kihara Kariuki to appear in person in court over the disappearance of lawyer Professor Hassan Nandwa and his client; ex-terror convict Elgiva Bwire.
This comes hours after Nandwa was found dumped in Mwingi town.
Justice Anthony Mrima of the Constitutional Court issued the orders at Milimani Law Courts on Monday, November 8, after the two failed to submit their responses or instruct counsels to represent them in the matter.
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This is after the Law Society of Kenya (LSK), through lawyer David Ayuo, asked the court to order the Inspector General of Police and the AG to appear in court in person to explain the circumstances under which Nandwa and his client Bwire disappeared.
"I hereby order that the Attorney General and the Inspector General of Police appear in person in open court on November 11, 2021, " Justice Mrima judge.
The court had last week ordered the state to produce the two after LSK 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.
The judge had 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 am Thursday 28, October 2021 to November 2, 2021 midnight which they have already complied.
The judge in his ruling last week said he had been satisfied that there is reasonable circumstantial evidence pointing to the high possibility that the two were in the custody of police or at least they are aware of their whereabouts.
“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 stated in an affidavit.
The lawyers’ body noted that the lives of the two were in grave danger and that their status of missing persons continued to breach their fundamental rights to life, liberty and security of persons.
LSK asserted 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 on the same day which prompted Nandwa to report the matter at Nairobi Central Police Station before heading to Jamia mosque for evening prayers.
He also went missing on the same day and was found bumped in Mwingi on November 8, 2021.
