BY NT CORRESPONDENT.
The High Court has ordered Inspector General of Police Hillary Mutyambai to produce the three foreigners alleged to have been picked up by police.
Justice Hedwig Ong’udi ordered the IG to produce Mohammad Zaid Sami Kidwai, Zulfiger Khan and Nicodemus Mwania within five days.
The court also compelled Ministry of interior, IG, DCI and DPP or their representatives to appear in court with original warrant or detention order of the three or show cause why they should not be released.
In an application by Ambreen Kidwai, the wife of Mohammad moved to court seeking production of the three men.
Kidwai further wants the Alchemist Bar to release the CCTV footage recorded on July 22 and 23, 2022 from 10pm to 4am, pending the determination of her petition.
It is alleged on July 23 on or about 11:55PM around the Westlands area, persons claiming to be police officers intercepted and hijacked motor vehicle Toyota fielder carrying Mohammad and his friend Khan. They were in the company of their Kenya driver Nicodemus Mwania.
She claims the three are yet to be arraigned in court and that she lodged a complaint at Parklands police station but they were turned and advised to wait for 48hours
Kidwai wants KeNHA compelled to release footage recorded on the same dates and time.
Kidwai she further wantd the court to compel safaricom and Airtel to release the call data and logs of three numbers belonging to Mohammad and Ahmed Khan recorded on July 22 from 10:00to date.
Senior Counsel Ahmednasir Abdullahi sent a letter to the Inspector General of police on July 6 demanding the the release Mohammad and Khan.
In the letter, Ahmednasir the were informed that the two Indian nationals are in police custody for reasons unknown to them or their relatives.
He said the three were being held in illegally detection in blatant disregard to and any constitutional and statutory protection accorded to them.
Letter adds, the reasons you are holding them in custody and the suspicions you have are baseless and utterly false. We are extremely dismayed that you are holding the tvvo gentlemen as part of the police force’s illegal campaign activities on behalf of one of the presidential candidates in the upcoming elections.
“TAKE NOTICE that if you do not release the two gentlemen or lawfully charge them in court before 5.00 pm today, we have instructions to file a suit of habeas corpus for their production. We need not remind you that given the status of habeas corpus as a non-limitable right under Article 25 of the Constitution. We expect that you comply with this demand, ” demands Ahmednasir.