The High Court on Thursday struck out an application by the Inspector General of Police Douglas Kanja and the Director of Criminal Investigations (DCI) Mohamed Amin denying being served an order to appear before the court.
In his ruling, Justice Chacha Mwita ruled that the two police heads were duly served with orders requiring them to appear in court over 3 missing men allegedly abducted in Mlolongo.
The judge noted that the service sent through the email of the National Police Service is valid since there is no doubt who the Inspector General is, noting that public officers' contacts and email addresses are public documents.
"I am therefore persuaded that they were served with the application and orders issued," Justice Mwita ruled.
The High Court, in effect, ordered the IG Kanja and DCI Director Amin to appear before the court on January 30, 2025, to answer questions related to the disappearances of the three abductees.
"Securing the lives of the three missing men remains a priority for this court. It will not be in the public interest to allow the application by the IG and DCI," Justice Mwita added.
The IG of police and the director of DCI had filed an appeal to have the court orders issued by the court on January 8 and enforced on January 13 be quashed.
Initially, the High Court had issued orders requiring the two to appear in court in person to explain the missing three men from Mlolongo.
Kanja and Amin later filed an application claiming that they had not been served with the orders. In their petition, the two police chiefs argued that the court condemned them unheard, asking the court to set aside the previously issued orders.
While declining to suspend the orders, Justice Mwita noted that all persons are entitled to enjoy equal rights under the Constitution.
"No one has superior rights over the other. The court is required to apply the proportionality test, balance the rights, and where necessary, give priority to the rights of the most vulnerable person," he explained.
The Justice noted that the fate of the second four petitioners who were arrested by police officers on December 16, 2024, remains unknown. Therefore the two need to avail themselves to answer questions over the disappearances.
"They were not produced before courts as demanded by the constitution, and their relatives do not know where they are. Securing their lives and safety, was and must remain of priority to this court," Justice Mwita asserted noting that the law requires that an arrested person be produced in court after 24 hours.
