Busia Senator Okiya Omtatah has taken a bold legal step by filing a petition in the High Court in Kibera, seeking immediate intervention to trace and secure the release of seven young men abducted in December 2023.
The petition demands that law enforcement authorities produce the missing individuals, whether alive or deceased, emphasizing the urgency of addressing their plight.
The case, filed on Monday December 30, 2024 through Senator Omtatah’s lawyer, Philip Langat, names Kenya’s Inspector General of Police, the Directorate of Criminal Investigations (DCI), and the Director of Public Prosecutions as respondents. The senator is calling for the production of Gideon Kibet, Ronny Kiplagat, Steve Kavingo Mbisi, Billy Mwangi, Peter Muteti, Bernard Kavuli, and Kelvin Muthoni, who have been unaccounted for since their disappearance.
The petition seeks orders for the immediate release of the individuals if they are being unlawfully detained. Alternatively, it demands that the respondents provide credible explanations for their continued detention or disappearance. “In the alternative, the respondents should explain why the applicants should not be released on bond or bail,” Senator Omtatah stated in his affidavit.
Senator Omtatah highlighted the need for accountability, stating, “We demand the immediate release of Billy Mwangi, Peter Muteti, and Bernard Kavuli. If the government has legitimate charges against them, they must be brought before a court of law and afforded due process as guaranteed by our legal system. Anything less constitutes an abuse of power and a serious injustice.”
He further stressed the importance of safeguarding constitutional freedoms, declaring, “Freedom of speech, thought, and expression are not privileges; they are fundamental rights enshrined in the Constitution of Kenya 2010. The erosion of these freedoms poses a grave threat that should concern every Kenyan. Kenyans cannot remain silent or normalize these violations. We must stand united in rejecting these unconstitutional actions. The time to speak out is now. Let justice prevail, and let freedom ring across Kenya.”
The case has sparked widespread public interest, drawing attention to the urgent issue of enforced disappearances in Kenya. Human rights advocates and legal experts have lauded the petition as a pivotal test of accountability for the country’s law enforcement agencies and their adherence to the rule of law.
This legal initiative underscores the growing concerns over systemic impunity and the urgent need for transparency and justice in addressing human rights violations in the East African nation. As the High Court prepares to hear the case, the nation watches closely, hoping for a resolution that upholds justice and the rule of law.