High Court Judge Bahati Mwamuye has issued a stern warning to the Inspector General of Police, Douglas Kanja, for failing to appear in court despite a summons over recent high-profile abductions. The judge cautioned that failure to attend the next hearing would result in penal sanctions, including contempt of court charges and a possible jail sentence.
The summons, issued on January 8, required Kanja to explain the circumstances under which several individuals were abducted without police intervention. Despite the court’s explicit orders, both Kanja and Director of Criminal Investigations (DCI) Mohamed Amin failed to attend the hearing, prompting sharp criticism from the bench.
“Ordinarily, when my orders are not adhered to, there are three possible actions: finding the individual in contempt, bypassing mitigation and proceeding directly to sentencing; finding contempt but allowing for mitigation; or issuing a notice to show cause,” Judge Mwamuye explained. He emphasized that if Kanja fails to appear during the next scheduled hearing, he will face immediate contempt charges and sentencing.
The case, brought forward by the Law Society of Kenya (LSK) and others, revolves around the abduction of seven individuals in December. While six have been located, one remains missing. Judge Mwamuye noted that his decision to extend a grace period for Kanja and Amin was unusual, driven by the urgency of resolving the case and locating the final missing individual.
During the hearing, Kanja’s legal team sought a 14-day extension, citing the police chief’s national security responsibilities. However, the judge rejected further delays and ordered Kanja and Amin to appear in court on Monday, January 27.
Additionally, the court directed the National Transport and Safety Authority (NTSA) to submit information on vehicles allegedly used in the abductions. NTSA Director General George Njao has been instructed to provide these details before the next session.
“This court will not hesitate to take action if state officers fail in their constitutional obligations,” Judge Mwamuye warned.
