: Inspector General of Police Douglas Kanja and the Director of Criminal Investigations Mohammed Amin have suffered a setback in their attempt to suspend ongoing proceedings against them at the High Court.

This is after the Court of Appeal declined to issue orders suspending the proceedings.

The two top security chiefs were sued over four missing Mlolongo men, suspected to have been abducted by the police in December last year. The High Court has already issued orders directing the two to produce the missing persons.

However, they have appealed the decision issued by Justice Chacha Mwita.

During the mention of the case on Tuesday, February 11, Court of Appeal Judge Patrick Kiage asked the state to locate the missing persons.

"Just find these Kenyans. I mean, just find them. We need to know their whereabouts,” Justice Kiage told the respondents.

IG Kanja and the DCI boss filed an appeal seeking to have the Habeas corpus proceedings before Judge Mwita suspended.

They argued that the High Court had wrongfully issued the order without confirming whether the missing persons were in their custody or not.

However, the IG compromised on the application for a stay of proceedings to focus on the appeal.

According to lawyer Paul Nyamodi, Justice Mwita's order on habeas corpus implied that the missing individuals were in the custody of the IG, which is the basis of the appeal.

The judge directed that the appeal be fast-tracked and concluded before the end of the court term.

"The IG and DCI's concern is that the High Court issued the habeas corpus order without giving them a chance to be heard. We have issues with how the court is handling the matter," Nyamodi told the court.

Amin and Kanja, who appeared before Judge Mwita last month, denied having custody of the missing individuals, stating that investigations were still ongoing.

Subsequently, two of the missing persons were found dead.

Earlier, the body of Martin Mwau, one of the missing men, was discovered at Nairobi Funeral Home (formerly City Mortuary), the same location where Mutumwa Musyoki's body was found.

It later emerged that the two bodies were delivered to the mortuary on December 17, the day after they were allegedly abducted from the Mlolongo area.

However, the third missing person, Karani Muema remains missing to date.

With the Court of Appeal refusing to suspend the proceedings before Judge Mwita, the main appeal will now move forward for hearing.

Source: TUKO.co.ke