The Milimani Law Courts/FILE The Witness Protection Agency has been given until Friday to
explain what action it has taken regarding the disappearance of four men whose
families have been seeking answers from the state.
The missing men are Macmillan Kiarie Mugo, Evans Otieno Omondi, Michael Oloo Osoro and Abdulaziz Duba Molu. They were reported missing in late June.
The agency’s director appeared before the Milimani High Court on Tuesday after being summoned by Justice Alexander Muteti.
Through a lawyer, the director asked for seven days to compile a comprehensive report on issues raised in connection with the missing men.
However, Justice Muteti directed the agency to return to court on Friday at 10am, saying he wanted to know whether it had at least met the witnesses involved in the matter.
The judge also noted that the agency had been separated from the Office of the Director of Public Prosecutions to allow it to operate independently.
He observed that, following the separation, the agency should have sent its own lawyer.
The court granted the agency time to prepare its response but directed it to return on Friday.
Lawyer Abner Mango, representing the families of the missing men, told the court that the Attorney General’s office should actively participate in the proceedings.
“The families would want to hear… the public want to know what is the position of the office of the Attorney General in this matter, so their presence is very important,” Mango said.
Senior Counsel Paul Nyamodi, representing the Attorney General’s office, opposed the suggestion that the office had not taken the matter seriously, saying its representatives had attended the proceedings. He demanded an apology from Mango.
Mango maintained that his remarks were not personal.
The court also heard that the Independent Policing Oversight Authority (Ipoa) could not continue investigating the disappearances after the matters were brought before court unless it was served with a court order.
Ipoa lawyer Kipruto cited Section 26 of the Ipoa Act, saying the authority had received the four cases but could no longer proceed with investigations.
Justice Muteti directed all parties to return on Friday, when the Witness Protection Agency will be required to state what steps it has taken regarding the witnesses.
The court noted that the proceedings could also affect an anticipatory bail application scheduled for hearing.
