The Inspector General of Police Douglas Kanja on Thursday appeared in Court after snubbing summons and told the Judge that the three brothers who went missing in December are not in police custody.
Appearing before Justice Chacha Mwita on Thursday at the Milimani Law Courts in Nairobi, Kanja, who was responding to the requests to present the three in court, revealed that the three who were missing were not in any of the police stations.
''Your honour, we have none of the subjects. I want to confirm before this court that we have none of them,'' Kanja stated.
The police boss however told the court that the National Police Service(NPS) has been actively doing investigations on the whereabouts of the three.
He added that upon receipt of the information about the missing three, he directed the Directorate of Criminal Investigations(DCI) to immediately begin the investigations into the whereabouts.
DCI boss Amin, on his part, revealed that they were actively investigating the missing of the three. He added that upon completion of the same, the file will be sent to the Office of the Director of Public Prosecutions(ODPP).
''I wish to confirm that the investigations are still on course and at an appropriate time, the files will be forwarded to the ODPP,'' Amin stated.
''Finally, I wish to state that the missing persons are not under the custody of the national police service. We have not been arrested and they are not under our custody,'' he added.
However, the DCI boss insisted that they were in no position to comply with the court orders directing them to produce the three in court as uncertainty continued to mount on their whereabouts.
''We can neither present the bodies nor can we formally prefer any charges against them because they are not under our custody,'' he added.
Kanja and Amin had missed several court summons that required them to appear before the court over the abductions of the Mlolongo three on diverse dates in December.
However, Kanja's decision came after he intimated that he would appear in court to answer the court summons, insisting that he was a law-abiding citizen.
“When the time comes for me to appear in court I will appear. When I am ready I will appear before the courts,” Kanja told reporters who pinned him down during a press conference in Kwale County on January 23.
This was after their last attempt to skip the summons hit a dead end after Justice 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.
At the time of publishing, the court allowed both Kanja and Amin to exit the chambers after honouring the summons. The court was however still in session in regards to the matter.
Kenyans.co.ke will be following the proceedings and will bring you a detailed update on the decision of the court on the matter.
