Inspector General of Police Douglas Kanja and the Directorate of Criminal Investigations (DCI) boss Amin Mohammed on Friday failed to physically appear in court again.
Instead, the duo through their lawyer Paul Nyamodi filed an application seeking to compel the court to vacate the orders issued on January 8 and re-affirmed on January 13, 2025, in that they were not properly served with the court orders.
“Service is such an important aspect in court processes, that order 5 of the civil procedure rule states that not everyone can effect service,” argued Nyamodi.
However, the petitioners representing the three missing youth Justus Mutumwa, Martin Mwau and Karani Muema, residents of Mlolongo, who were reportedly abducted on December 16, 2024, opposed Kanja and Amin’s prayers, stating that they were rightfully served electronically, which is legally accepted by the courts.
“Public interest dictates that the Police IG and DCI Boss appear before court in person when the right to life is threatened. The security agencies should be held accountable,” stated the petitioners.
In stating that the High Court will on Thursday next week rule whether IG Kanja and DCI Amin were properly served to physically appear in court, Justice Chacha Mwita reiterated that an order compelling the two senior police officers to produce the missing trio dead or alive in court is still upheld pending the hearing.
The court also heard that family members of the victims were initially denied access to the court, and it took the intervention of the deputy registrar to grant them entry.
“We were surprised that the family members were denied access by police officers who stated that they had orders from above not to let them in,” stated lawyer Dan Maanzo.
