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High Court blocks move to drop Murkomen, DPP from abduction case

High Court blocks move to drop Murkomen, DPP from abduction case
CS Kipchumba Murkomen during a meeting on Tuesday, March 4, 2025. PHOTO/@kipmurkomen/X

Nairobi High Court on Friday, April 11, 2025, declined to remove Interior Cabinet Secretary (CS) Kipchumba Murkomen and the Director of Public Prosecution (DPP) Renson Ingonga from the abduction case on the grounds that they were not involved in the abductions.

Declining the request, Judge Bahati Mwamuye urged both CS Murkomen and DPP Ingonga to re-think their requests to have their names removed as serious allegations against them may arise during the proceedings, and they may not have an opportunity to defend themselves.

“What happens if, in the cause of the petitioners case a question arises requiring the DPP and CS Murkomen and you would wish to contextualize that if you are out the proceedings how will you deal with it? Think about it,” Judge Mwamuye directed.

Through their lawyers Paul Nyamodi representing the DPP Ingonga and Danstan Omari representing CS Murkomen they filed applications requesting High Court to remove them from the case as they were not involved in the abductions saga.

Judge Mwamuye directed both to submit their final decision on whether they still want to be removed from the case or not on May 19, 2025.

Meanwhile, Judge Mwamuye instructed the Law Society of Kenya (LSK) and Senator Okiya Omtatah to amend their petitions seeking to compel the Inspector General of Police (IG) Douglas Kanja and the Director of the Directorate of Criminal Investigations (DDCI) Mohamed Ibrahim Amin produce the two remaining missing persons in court dead or alive.

Judge Mwamuye directed the LSK and Senator Omtatah to file fresh petitions on the disappearance of Kelvin Muthoni and Stephen Kavingo, who were among the said abducted people in December 2024 and January 2025, and still missing within 30 days.

The court directive came after LSK lawyer Abner Mango requested to be allowed to amend their petitions by including fresh details on the two men who are still missing and six others who were set free early this year.

Additionally, lawyer Mango told the court that they were seeking to have the court compel the government to conduct DNA testing on 14 bodies lying at the City mortuary to establish whether Kavingo and Muthoni are among them.

The application was strongly opposed by lawyers Nyamodi and Omari urging the court to compel LSK to file a formal application requiring the government chemist to conduct a DNA on the bodies and file a report in court.

The development came after the court on Thursday, April 10, 2025, declined to compel the state to produce the missing persons in court.

The matter will be mentioned on May 19, 2025, for directions.

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Zipporah Ngwatu

Z.N.

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