BY SAM ALFAN.
The government has distanced itself from claims that the police were holding an activist and two brothers who were abducted last month in Kitengela.
In an affidavit filed in court, the police dismissed the claims that activist Bob Micheni Njagi and brothers Jamil and Aslam Longton were taken away by police officers.
Joseph Indeke of the DCI Kitengela said the police were not holding any person in their custody and all persons arrested for looting, destroying property and any other offence during the demonstrations were taken to court within the stipulated timelines.
The officer said the missing trio have never been in police custody, although a report was made to the police of alleged abduction on August 19, 2024.
“The three are not persons of interest to any investigations and hence the office of the police had no reason for arresting or detaining them,” the DCI officer said.
He said the report was made by Abdul Razack and Sally Matete, claiming that the missing persons were abducted and bundled by unknown persons into a white Subaru and they were only able to capture the first letters of the number plate of the said vehicle KDQ, and could not capture the other numbers.
He added that on August 21, 2024 Frank Njagi reported that his son Bob Micheni Njagi was pulled out of a matatu and bundled into a Subaru by unknown people on 19th August 2024.
“Following the said reports, a circulation signal was dispatched to all the police stations country wide in an effort to trace them,” said Indeke.
He further stated that inquiry files number 4/2024 and 5/2024 were opened and investigations are ongoing.
Indeke said the allegations by the Law Society of Kenya that the police abducted the three were outrageous and not backed up by any iota of evidence.
“Law Society of Kenya has not adduced any evidence that they exhausted all the available constitutional options such as IPOA, Internal Affairs Unit before filing this petition,” said the officer.
He adds that LSK has not tabled any evidence to show that the two brothers and the activist were arrested and detained by police considering. The burden of proving the same lies with the LSK.
He said the report is being treated as a case of missing persons and due process is being followed to the logical conclusion of the matter.
“I have been advised by the state counsel Annie Wanjiku on record which information I verily believe to be true that he who alleges has the burden to proof and the petitioners have failed to proof the allegations set out in the petition and replying affidavits herein,” saif the officer.
He adds that it is in the interest of justice that the court allows police to carry out their independent investigations with the guidance of the DPP and other relevant state agencies and find out the whereabouts of the Longton brothers and activist.
“My office is investigating the case of missing persons vide OB 107/19/08/2024 and 81/21/08/2024 at Kitengela Police Station,” says the officer.
He added that the police have requested for call log data of the missing persons from the crime research and intelligence bureau to help in the investigations.
“Efforts to trace the reportees to record their further statements have unfortunately borne no fruit hence adversely affecting and delaying the ongoing investigations,” he said.
