NAIROBI,Kenya, Nov, 8 – Hours after Professor Hassan Nandwa was reportedly found in Mwingi town 10 days after he was allegedly abducted by Anti-Terror Police unit officers , High court Judge Antony Mrima has now ordered the Inspector General of Police Hillary Mutyambai and the Attorney General Kihara Karikuki to appear in court in person.
The two are expected to explain in detail the nature of his disappearance as well as the alleged abduction of his client, Elgiva Bwire.
Elgiva’s whereabouts remain unknown.
The orders came into effect after a deadline for the two to present the Nandwa and Elgiva in court elapsed.
According to the constitutional court justice, neither Mutyambai nor Kariuki put in their response or instructed counsels to represent them in the matter after a petition was filed by the law Society of Kenya.
“I hereby order that the Attorney General and the Inspector General of police to appear in person in open court on November 11 2021,” ruled Justice Mrima.
A court order issued on November 4,2021 by Justice Anthony Mrima directed the police to present professor Nandwa alongside his client Elgiva Bwire to the nearest court within 24 hours.
“Pending the hearing and determination of the suit, the court issues an order of habeas corpus for the production of Prof Nandwa and Elgiva Bwire before a court of law within 24 hours of issuing this order,” Justice Mrima said.
According to justice Mrima, police knew his whereabouts yet chose to remain silent on the issue.
The Attorney General, Inspector General of Police, and the Director of Public Prosecutions were directed to respond to the petition before the hearing on November 8,2021(Today).
Following a petition by the Law Society of Kenya (LSK), Telecommunications company Safaricom were also directed to provide the LSK and subsequently present in court Nandwa’s phone records, base transmission station records and logs from the morning of October 28 when he went missing.
“I am satisfied that there is reasonable circumstantial evidence pointing to the high possibility that the two missing persons are likely in custody or at least the police are aware of their whereabouts. It is quite disturbing why the police have not appeared to explain where they are,” said Justice Mrima.
‘Professor Hassan Nandwa Abduction’
Nandwa’s abduction is said to be linked to the release and subsequent disappearance of terror convict Elgiva Bwire.
Elgiva, was released from the Kamiti Maximum Prison on Thursday, October,28,2021.
He was picked up by his mother,brother and nephew.
He is said to have alighted from the car they were travelling in at an unknown location near the Nairobi Central Business District. His whereabouts thereafter remain unknown.
His nephew was shortly after arrested by suspected police officers and released hours later.
Immediately after Jacinta Bwire filed a missing persons report at the Muthaiga Police Station, she notified her son’s lawyer, renown islamic scholar and academician Prof. Hassan Nandwa who in turn also filed a missing persons report at the Central Police Station in Nairobi’s CBD.
In what appeared to be a well coordinated plan, Prof. Nandwa was also picked up and bundled inside a car by suspected police officers and driven to an unknown location shortly after leaving Jamia Mosque in Nairobi’s CBD.
Jacinta Bwire and driver,Willis Otieno were also abducted only for them to be released days later.
Long serving member of parliament Fred Gumo who is Jacinta’s brother-in-law confirmed their release on October 31,2020 saying that their abduction might have been connected to Elgiva’s whereabouts.
Meanwhile after failing to answer his phone calls, professor Nandwa’s children raised an alarm on the safety of their father. The also filed a missing persons report at the Kilimani Police Station.
Hours later at around 8pm, suspected ATPU officers are said to have stormed his home on the fateful day in Nairobi, in alleged attempts to search for his client, Elgiva Bwire.
An hour later, the search proved futile,this as his family was left traumatised by the shocking events.
Last week, religious leaders and human rights organisations condemned the kidnapping of the professor calling on the government to release him forthwith.
It is a worrying phenomenon that the State which is supposed to be a guardian and protector for the rights of its citizens is now at the forefront of victimization of its citizens. His only crime was discharging his professional duties as a lawyer and representing a client who had finished serving his time in jail,” said SUPKEM Chairman Hassan Ole Nado.
Want to send us a story? Contact Shahidi News Tel: +254115512797 (Mobile & WhatsApp)
