Monday, December 6, 2021
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Court orders police to produce missing lawyer Prof Hassan Nandwa within 24 hours

In Summary

  • The family of terror convict Elgiva Bwire were freed by abductors earlier this week.

A judge on Thursday ordered the police to produce missing lawyer Prof Hassan Nandwa and his client, ex-terror convict Elgiva Bwire, before a court of law within 24 hours.

Justice Anthony Mrima also ordered Safaricom to produce Prof Nandwa’s call logs from the day he went missing -October 28, 9am-, before the court.

This comes after the Law Society of Kenya (LSK) filed an application against the Inspector General of Police, the Director of Public Prosecutions (DPP), the Attorney-General and the telecommunications company.

“I have considered the submission made and I’m satisfied there is reasonable circumstantial evidence pointing out the high possibility that the second and third persons  are likely in custody or at least they (police) are aware of their whereabouts,” the court stated.

Police Custody; Where?

The DPP had, however, opposed the issuance of the orders against the State, arguing that there is no evidence that Prof Nandwa and his client are in police custody.

“It is not clear and there is no evidence that they [Prof Nandwa and Bwire] were arrested or are in police custody. Compelling the police to produce them may be an exercise in futility. We may not effect the order,” said State Counsel Becky Arunga.

LSK, on its part, was able to convince the judge to issue the orders after convincing him that the dissapperance of the Prof Nandwa and Bwire are intertwined.

Prof. Nandwa TV47
Prof. Nandwa’s client Elgiva Bwire being escorted to police cells. Bwire spent 10 years at Kamiti Maximum Security prison. PHOTO/FILE

“To support that suspicion, on the same date at 11pm, general police officers raided home of Prof Nandwa. So there may not be hard evidence (to implicate the police) but circumstances surrounding the disappearance give a strong inference that State security agents were involved,” LSK lawyer Eric Theuri argued.

The case will be mentioned on Monday, November 8 to confirm compliance and for review of the status.

Prof. Nandwa‘s abduction

Prof Nandwa was abducted last Thursday, with his family pleading to the government to help find him.

Nandwa went missing hours after he had reportedly visited the Anti-Terrorism Police Unit (ATPU) offices in Nairobi to receive Bwire, who had competed his 10-year jail term at Kamiti Maximum Prison.

Bwire was initially sentenced to life after his conviction in 2011, but his term was reduced after an appeal.

Bwire had in 2011 reportedly confessed to being a member of the Al-Shabaab terror group. There was, however, suspicion that despite staying in jail for 10 years, did not reform.


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