The High Court has declined a request by the Law Society of Kenya (LSK) to give orders for the Government Chemist to conduct DNA tests on the 14 unknown bodies in the Nairobi Funeral Home to ascertain the identities of the deceased.

Justice Bahati Mwamuye said the prayer could not be granted since the court had already directed the proceedings on the matter.

“This will affect the whole proceedings changing the dates for hearing and ruling,” Justice Mwamuye stated.

Through their letter dated February 14, 2025 and brought before the court by Senior Counsel Martha Karua, the LSK had asked the court to give the orders, so as ascertain whether they will match samples from the relatives of Steve Kavingo and Kelvin Muthoni.

Karua represents applicants in the motion where they had filed a Habeas corpus application, demanding that the courts produce seven abducted youths alive or dead.

Since the filing of the application, dated December 26, 2024, two of the abducted persons are yet to be found. Kelvin Muthoni was among the seven youths who were abducted in Nairobi and Steve Kavingo was among the Mlolongo abductees.

“We are writing to you demanding DNA/forensic analysis biology undertaken on February 4, 2025, by government pathologist Dr Richard Njoroge be expedited as we wish to ascertain the identities of the 14 unknowns in Nairobi,” the LSK letter read, noting that on January 30, 2025, Justus Mutumwa and Martin Mwau, two of the Mlolongo abductees, had been found deceased at Nairobi Funeral Home.

They informed the court that the petitions are still live in court and court orders of Habeas corpus are alive up to date. They told the court they wrote to the director of government chemist demanding for the DNA samples collected by Njoroge be used to ascertain the unknowns.

No prayers

The application was opposed by the Inspector General (IG) of police and the Director of Criminal Investigations (DCI) Mohamed Amin through their lawyer Paul Nyamodi stating that the applicants are abusing the court’s proceedings by introducing inter-parte hearings applications that can only lead to the adjournment of the proceedings.

Nyamodi insisted that no further orders beyond the Habeas corpus had been prayed for by the applicants.

He added that the IG and the DCI made it clear that the respondents are not in any of their custodies.

In giving directions, Justice Mwamuye ruled that the matter continues to the hearing of the filed application as earlier directed.

“Admitting the prayers by LSK will lead to further delay in the hearing of the matter and add to the confusion on the proceedings,” he ruled.

Cabinet Secretary for Interior Kipchumba Murkomen through his lawyers Danstan Omari and Sam Nyaberi had submitted that since the applicants are not in known police custody within the country, the order of Habeas corpus cannot apply.

The ruling on the matter will be delivered on March 21, 2025.