- Prof Nandwa was abducted on October 28, hours after he had reportedly visited the Anti-Terrorism Police Unit (ATPU) offices in Nairobi to receive Bwire, who had completed his 10-year jail term at Kamiti Maximum Prison.
Missing lawyer Prof Hassan Nandwa was on Sunday night found abandoned in Mwingi town, Kitui County.
Jamia Mosque official Abu Ayman says that Prof Nandwa was found alive, with his family adding that he was shaken.
This comes four days after the High Court ordered police to produce Prof Nandwa and his client, ex-terror convict Elgiva Bwire, before a court of law within 24 hours.
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 disappearance of Prof Nandwa and Bwire are intertwined.
“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 was to be mentioned today (Monday, November 8) to confirm compliance and for review of the status.
Prof. Nandwa‘s abduction
Prof Nandwa was abducted on October 28, hours after he had reportedly visited the Anti-Terrorism Police Unit (ATPU) offices in Nairobi to receive Bwire, who had completed 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.