Court wants missing lawyer, Prof Hassan Nandwa, produced

A judge has issued an order for production of missing lawyer Prof Hassan Nandwa and his client ex-terror convict Elgiva Bwire before a court of law within 24 hours.

Justice Anthony Mrima has also ordered Safaricom to produce Prof Nandwa's call logs before court. The data should be from 9am on October 28, 2021 when the two went missing to November 2, 2021 midnight. 

The Law Society of Kenya (LSK) informed court that the data will enable it trace his movements before he disappeared and shed light as to who may be holding him and his client.

Justice Mrima issued the orders following an application filed by LSK against the Inspector General of Police, Director Public Prosecutions, Attorney-General and Safaricom. 

He said the court was satisfied that there is reasonable circumstantial evidence pointing to high possibility that the missing lawyer and the ex-prisoner are likely to be in custody of police or that the police are aware of their whereabouts. 

The DPP, through State Counsel Becky Arunga, had opposed issuance of the orders against the State. 

“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 exercise in futility. We may not affect the order,” said Ms Arunga.

But lawyer Eric Theuri for LSK stated that the forced disappearance should concern every person and that the abduction of the lawyer and his client points to complicity of security agents.

He said the disappearance of the lawyer and the ex-prisoner are closely intertwined, saying it could only be an action undertaken by State security agents. 

“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,” he stated.

He also stated that police should explain what actions have been taken ever since the abductions was reported and why they raided Prof Nandwa’s home.

In his oral submissions, Mr Theuri added that the lawyer’s fault was going to meet his client as he was being released from prison and handing him over to family members. 

“He also appears to have committed another error in reporting disappearance and abduction of his client at Central Police station at 4.30pm because at around 6-7pm he also disappeared,” he told court. 

He appeared before the court alongside lawyers Benhard Kipkoech Ng’etich and David Ayuo.

The lawyers were concerned that the abduction comes few years after their colleague Willie Kimani was abducted alongside his client and later murdered. The prime suspects in that incident are four police officers and an informer, who are under court trial.

“Advocates are going to be looking over their shoulders every time they represent a suspect charged with terrorism or any other offence. We are going to lose as a country, there will be rule of the law,” he said.

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