Inspector General of Police Douglas Kanja and Director of Criminal Investigations Amin Mohamed on Friday failed to appear in court, again, to explain the whereabouts of three missing individuals abducted in Mlolongo.

This is despite court orders requiring their attendance.

Their lawyer, Paul Nyamondi, argued that the two top bosses were served with the summons late, yesterday at 1:30 pm via email.

According to Nyamondi, the email was only seen on Friday morning, leaving them unable to comply with the orders.

“We were served with the summons via email yesterday afternoon, and it wasn’t until today that my clients saw it,” Nyamondi told the court.

Lawyer Nyamondi contended that email is not a recognised mode of legal notification and that his clients were not given sufficient time to respond or present their case before the orders were issued. He added that the National Police Service is not a party to the case.

Kanja and Mohamed have since filed an urgent application to have the court orders compelling their personal appearance lifted.

They allege that the petitioners’ lawyers misled the court by claiming that they had been served with pleadings dated January 8, which required them to produce the abductees—Justus Mutumwa, Martin Mwau, and Karani Muema—alive or dead.

“Unless this application is certified urgent and heard promptly, there is a grave danger of miscarriage of justice following the orders issued on January 13, 2025,” they argued, adding that they were unfairly condemned without being heard.

Nyamondi reiterated that his clients are prepared to respond to the disappearance allegations, noting their right to a fair hearing under Article 50 of the Constitution.

“It is extremely prejudicial for such orders to be issued without affording them an opportunity to be heard,” he said.

He also raised concerns about the improper service of court orders via email. “The service of the orders was not effected to my clients,” he told Justice Chacha Mwita.

Separately, Interior Cabinet Secretary Kipchumba Murkomen has filed an application to be removed from the case, arguing that he has no direct role in security operations. Represented by lawyers Danstan Omari and Sam Nyaberi, Murkomen stated that his duties are limited to policy, advisory, and oversight within the Ministry of Interior.

Makueni Senator Dan Maanzo, representing the families of the abductees, informed the court that relatives of the missing men were barred by police at the Milimani Law Courts entrance from attending the proceedings.

Justice Mwita noted that the access issue was administrative and advised Maanzo to raise it formally with the deputy registrar.

The High Court is currently hearing the application to set aside the orders against Kanja and Mohamed.