The High Court has ordered the National police to produce Muslim scholar and Lawyer Hassan Nandwa and his client Elgiva Bwire within 24 hours.
The court ordered tele-communication service provider to produce Prof Hassan Nandwa call logs between Oct 28 and Nov 2.
"That pending the hearing and determination of this petition, this Honourable Court be pleased to issue a writ of habeas corpus for the production of 2nd and 3rd Petitioners before a court of law within 24 hours of the issuance of the order," reads the court documents.
The duo went missing on Thursday, October 28, together with Jacinter Bwire, sister-in-law to former Westlands Member of Parliament, Fred Gumo and her driver.
However, Jacinter and her driver were released by their kidnappers on Sunday, October 31.
On the fateful day, Nandwa is said to have been processing papers for Elgiva, a convicted terrorist who had just been released from Kamiti Maximum Prison.
The Law Society of Kenya had moved to court seeking orders compelling the government to produce the lawyer and his client.
Through their lawyer David Oyuo, LSK filed a certificate of urgency filed before Milimani Law court and asked High Court to issue orders of Habeas Corpus for the immediate production of Lawyer Nadwa and Bwire.
"The 1st Petitioner(LSK) is apprehensive that serious and grave harm that threatens to undermine the lives of the said Nadwa and Bwire may come to pass in the hands of the 3rd Respondents( Inspector General of Police)," reads the court papers.
Oyuo further termed the duo's disappearance as a brazen threat to the Bill of Rights.
"The Petitioners (LSK) are apprehensive that the lives of one of its members and his client are in peril at the hands of officers of the 3rd Respondent (inspector General of Police) since the storming of his residence by armed Police Officers."
Elgiva, who has been in jail for 10 years over terror-related charges, had just been released from prison, before he was picked up by unknown gunmen under mysterious circumstances.
The disappearance prompted action from his lawyer, Nandwa, who went to report the matter at Central Police Station.
He would go missing soon after he left the police station and hasn’t been traced since.
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