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LSK criticizes police over contradictions in Mlolongo 3 case following body discovery

LSK criticizes police over contradictions in Mlolongo 3 case following body discovery
LSK president Faith Odhiambo. PHOTO/@FaithOdhiambo8/X

The Law Society of Kenya (LSK) has condemned the National Police Service (NPS) for inconsistencies in their handling of the case involving three youths from Mlolongo, who have been missing since December 16, 2024.

This criticism comes in the wake of the discovery of the body of one of the abductees, Justus Mutumwa.

The three men, Martin Zyuko Mwau, Kalani Mwema, and Justus Mutumwa Musyimi, aged between 29 and 35, disappeared under unclear circumstances.

Following their disappearance, LSK petitioned the court to compel Inspector General of Police Douglas Kanja and the Directorate of Criminal Investigation (DCI) Chief Mohammed Amin to appear in court and provide information about the missing individuals.

On January 30, 2025, during a court session at the Milimani Law Courts in Nairobi, DCI Boss Amin stated that the three missing persons were not in police custody.

Inspector General of Police Douglas Kanja and DCI director Muhammad Amin at a past function. PHOTO/@NPSOfficial_KE/X

As a result, he argued that authorities could not produce their bodies or offer any formal charges against them, as required by the constitution.

“I wish to state my lord that the missing persons are not under the custody of the National Police Service. We have not arrested and they are not under our custody. Under the circumstances my lord, we can neither produce their bodies pursuant to the right of habeas corpus nor can we formally prefer any charges against them in view of the fact that they are not under our custody my lord,” Amin told the court.

However, the same day Kanja and Amin appeared in court, the lifeless body of Justus Mutumwa was found.

In response, LSK President Faith Odhiambo accused law enforcement agencies of misleading the public and expressed disbelief that the police could investigate the discovery of the body while simultaneously denying any knowledge of the missing individuals’ whereabouts.

“It’s quite hilarious that the police had already discovered a body and were doing investigations, yet all along they denied knowing the whereabouts of the three,” Faith Odhiambo said.

She further challenged the leadership of the National Police Service, including the Inspector General and the Director of Criminal Investigations (DCI), over their failure to provide credible information in court.

“The fact that the IG and the Director of DCI can come to court and tell the court they have no idea, yet this was being done and fingerprints were taken and identified, either means that they’re not talking to each other or they don’t have control of their different agencies within the NPS—or they’re lying to the people of Kenya,” Faith Odhiambo stated.

“And therefore he can not confidently tell the people of Kenya that they’re safe. If he’s saying they’re safe, and that they do not the whereabouts and miraculously the day the court issues orders demanding their presence, these three bodies miraculously appear and they are able to now identify one of the bodies as Justus,” she added.

LSK further demanded answers from the police regarding the cause of Justus Mutumwa’s death, emphasizing that the police must ensure the safety of all Kenyans.

“The ball is in their court, the responsibility is still with the National Police Service. It is up to you to tell us what is happening in this country. If it is not you who is abducting Kenyans, then who is killing Kenyans? It is your responsibility to investigate and bring those parties to book,” she added.

Abduction incidents

On December 26, 2024, the Kenya National Commission on Human Rights (KNCHR) reported that at least 82 people have been abducted or forcibly disappeared since June 2024.

The commission condemned what it described as a concerning trend of abductions targeting individuals who openly criticize the government, particularly those active on social media.

KNCHR recorded 13 new cases, with seven occurring in December, and stated that six of those individuals remain missing.

Former KNCHR Chairperson Roseline Odede warned that security agencies have failed to investigate or prosecute those responsible for such abductions, putting Kenya at risk of reverting to a climate of fear and intimidation

Government’s response

On January 29, 2025, Government Spokesperson Isaac Mwaura dismissed the figures released by KNCHR as exaggerated and not representative of official government records.

“As the government, we do not agree with these figures. These are numbers from activists, and many times, people tend to inflate such statistics. The official report is the government’s report,” Mwaura said.

The government spokesman, Isaac Mwaura, gives updates on the flooding situation and ongoing government intervention efforts at Nyayo House, Nairobi. PHOTO/(@SpokespersonGoK)/X
The government spokesman, Isaac Mwaura, gives updates on the flooding situation and ongoing government intervention efforts at Nyayo House, Nairobi. PHOTO/(@SpokespersonGoK)/X

He argued that some reported disappearances might involve individuals who have been lawfully arrested and maintained that only the government has the authority to release official figures on such matters.

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