It is a big win for the Cabinet Secretary for interior, Hon. Kipchumba Murkomen after the High Court dismissed habeas corpus application by LSK.
The Law Society of Kenya had moved to Court seeking to compel the Inspector General of police and other security agencies to produce the alleged abducted Kenyans in court whether dead or alive.
Advocate Danstan Omari who represented CS. Kipchumba Murkomen in the petition, welcomed Justice Bahati Mwamuye’s findings that indeed the LSK did not provide evidence to show that the missing Kenyans were indeed abducted and in police custody.
Advocate Danstan Omari had earlier on during the hearing of the petition informed the court that there was no evidence at all to place the missing Kenyans in the hands of the police.
According to Advocate Omari, LSK should take more caution when drafting habeas corpus application to court and ensure that their pleadings are substantive enough to link to the loss of missing Kenyans.
CS Kipchumba Murkomen through Advocate Danstan Omari has maintained that it is not the government’s policy to abduct any citizen, ensure forced disappearance and that the police does not operate outside the known Kenyan Laws.
“On behalf of the minister for interior, Mr. Kipchumba Murkomen, I wish to reiterate that there is no government policy at any place to abduct anybody.” said Advocate Omari.
Justice Mwamuye has also found out that the Director of Public Prosecutions and the director general NIS were not properly placed in the petition and that they had no role in the case.
