Liberatus Mwang'ombe

TWAHA MWAIPAYA, HABEAS CORPUS HEARING🔴 State Counsel Marwa informs the court that they are trying to locate the subject and investigations commenced on 26th October 2026. He adds that there is no formal affidavit they have filed before the court, unless a response in form of grounds of opposition, stating that investigations are actively ongoing. Mr Marwa tells the court that his clients have written to Safaricom, Airtel, Bolt (taxi company) and witnesses have also recorded statements including a Mr. James Gatunyi who was hosting Mr Twaha Mwaipaya. Mr Marwa again informs the court that they are yet to get any form of response from Airtel and Safaricom and they are intending to do a reminder and are requesting for a day, to file a sunstantive affidavit in response to the Notice of Motion. His submissions have been objected by Senior Counsel Martha Karua who has told the court that the order has not been obeyed to the extent that the subject has not been produced nor his body before the court. Martha says that even without a court application, a report was made at various police stations and saying that they were served on Friday yet they already had the knowledge of the matter which was reported at various police staions, its like the respondents are telling the court that they have abandoned the duties they are paid for since it is the business of the police to secure the wellbeing of Kenyans. "Having been notified on Sunday when the abduction happened, they cannot say that they only began investigating on Friday after being served the Habeas Corpus," she says. Martha tells the court that we've had several similar cases and in several occassions, the subjects are sometimes dumped along the roads before court hearings and others appear in the morgue and others are never seen and the respondents are not taking the matter seriously by saying that it is when they are beginning a follow up. "We are urging this court to give orders that the IG and the DCI to come in person and tell the court that they are unable to perform their duties," Martha adds and continues by saying, "You've been told about Safaricom. We know they have their representatives who are sitting in the offices of Safaricom in matters surveillance. I would like to refer the court to the matter in the murder of MP Were where police were able to track the suspects using mobile data without writing to Safaricom. Unless there is something that the police is hiding. In the matter of Besigye, the police said that they participated in the abduction of Besigye. That is just to demonstrate that police are deeply involved in this matter." State Counsel Marwa submits that in obeying the court order, where the court directed the appearance of the 5th and the 6th respondents, Mr Kittony, Commissioner of Police, is appearing for the DCI, alongside Miss Nyambura, Senior Legal officer from the DCI and Mr. Otiende Deputy Director Legal affairs at the National Police headquarters,for Inspector General, 5th respondent. He submits to the court that the subject, Mr Twaha Mwaipaya, is not in any of his client's custody. Wakili Abner Mango on his submissions: " Your lordship,we have appeared before you time and again on this matter of Habeas Corpus. My lordship, my client who is suing on behalf of Twaha Mwaipaya is complaining about his illegal arrest, illegal detention and continuing being held incommunicado. If I remind the court, I once submitted on article 156 of the constitution which establishes the office of the Attorney General. Article 156(6) directs the office of the AG to operate in a manner that not only serves public interest but also promotes public confidence. The only thing that these foreigners have done is seeking political asylum. Your lordship Kenyans are asking serious questions which can only be answered by 5th and 6th respondents by personally appearing before this court to tell us the whereabouts of Mr Twaha." The court will issue a ruling at 3