The fate of three men reported missing after alleged police abductions remained unclear on Monday after Inspector-General of Police Douglas Kanja and DCI Director Mohamed Amin appeared before the High Court without producing them or explaining where they are.
The two security chiefs complied with a court summons but left after the judge excused them from further attendance unless required later in the case.
The officials arrived at the Milimani Law Courts shortly after 1pm and sat through the proceedings before Justice Alexander Muteti. Although they attended in person, neither addressed the court on the whereabouts of Michael Oloo, Evans Otieno and Macmillan Kiarie, who are alleged to have disappeared after being picked up by police officers last month.
After confirming that the two had honoured the summons issued by the court, Justice Muteti discharged them, saying they would only be called back if their personal responses became necessary.
"This court notes that you have honoured the summons to attend court as directed. You are hereby discharged. If this court requires you, you will be informed," Justice Muteti said.
Kanja and Amin, who heads the Directorate of Criminal Investigations, attended the hearing dressed in civilian clothes before quietly leaving the courtroom without commenting on the allegations.
The court then turned to the hearing of a habeas corpus application seeking to establish the whereabouts of the three missing men. Justice Muteti directed lawyers to proceed with their submissions and witnesses to give their evidence.
The appearance by the two senior security officials followed a ruling made last week in which Justice Muteti declined a request by the National Police Service to have junior officers represent them in court.
During the proceedings, lawyer Paul Nyamodi asked the court for permission to file affidavits explaining why the three men had not been produced before the court.
The first witness, Pamela Aloo, the mother of Evans Otieno, recounted the efforts she had made to trace her son. She told the court she had searched police stations, hospitals and mortuaries but had found no trace of him.
"We visited Thika Level 5 Hospital and were shown about 50 unidentified bodies, but my son was not among them," she testified.
She added that she also visited the Nairobi Funeral Home but was unable to find him there. Aloo told the court that her son had never been arrested and had no criminal case before any court. Overcome with emotion, she appealed to the court to help reunite her with her son.
The second witness, Stephen Mugo, the father of Macmillan Kiarie, told the court that his son was allegedly taken from the Kizito area of Mwihoko by three men believed to be police officers. He urged the court to direct the police to trace and produce his son.
The hearing took place without disruption after activists who interrupted the previous session, including Julius Kamau, who stripped half-naked in protest, stayed away from court.
The case will continue.