Editor's Review

The High Court issued a conservatory order restraining the law enforcement agencies from continuing to prosecute the six young men.

The High Court has ordered the immediate and unconditional release of six abducted Kenyans.

In the orders issued on Monday, December 30, Justice Bahati Mwamuye directed the Inspector-General of Police, the National Police Service (NPS), the Directorate of Criminal Investigations (DCI) and the National Intelligence Service (NIS) to secure the release of Gideon Kibet, alias Kibet Bull, and five others suspected to have been abducted.

They include Peter Muteti, Bernard Kavuli, Billy Mwangi, Rony Kiplangat and Steve Kavingo.

"Pending the inter partes hearing and determination of the Application dated 26/12/2024, a mandatory order of Habeas Corpus be and is hereby issued directing the 1st Respondent (the Inspector-General of Police), the 2nd Respondent (the National Police Service), the 3rd Respondent (the Directorate of Criminal Investigations), the 4th Respondent (the National Intelligence Service), the 5th Respondent (the Cabinet Secretary of the Ministry of Interior and National Administration), the 6th Respondent (the Director of Public Prosecutions), the 7th Respondent (the Hon. Attorney-General), and the 9th Respondent (Douglas Kanja Kirocho), jointly and severally, to immediately and unconditionally set at liberty and/or cause and secure the liberty of the 2nd to 7th Petitioners," the court order read in part.

File image of DCI boss Mohamed Amin and Police IG Douglas Kanja

Justice Mwamuye further directed the government agencies to present the six at Milimani Law Courts on Tuesday, December 31.

"...and to produce the 2nd to 7th Petitioners/Applicants at Milimani Law Courts, High Court Wing, Nairobi City County on 31/12/2024 at 11:00 AM before this Court or the Milimani High Court Criminal Duty Court, or to explain under oath the circumstances of the matter and the whereabouts of the 2nd - 7th Petitioners/Applicants in default of their production," the court order added.

Justice Mwamuye also issued a conservatory order restraining the law enforcement agencies from continuing to prosecute the six young men. 

"Pending the inter partes hearing and determination of the Application dated 26/12/2024, a conservatory order be and is hereby issued restraining the Respondents, jointly and severally, from arresting, detaining, continuing to detain, charging, causing plea taking, prosecuting, or continuing to prosecute the 2nd - 7th Petitioners/Applicants with respect to any criminal offense; except with leave of the High Court or except with an order of the High Court," the court order further read.