The Director of Witness Protection Agency (WPA) failed to appear in court on Tuesday (August 18, 2026) to explain the status of witnesses whom the court directed they be placed under the agency.
The agency boss send a lawyer to inform Justice Alexander Muteti that they are in the process of recording statements from witnesses.
The agency sought to be indulged up to Friday, August 21, 2026, to streamline a few issues.
Meanwhile, the Independent Police Oversight Authority (IPOA) told Milimani High Court Judge Alexander Muteti that the law bars it from investigating matters that are pending in court.
“IPOA cannot carry out investigations into the disappearance of the four men allegedly abducted by police in Mathare, Nairobi on June 20, 2026, Section 26 of the oversight authority Act bars it from intruding on matters pending in court,” lawyer Augustine Kipkuto told Justice Muteti.
Mr Kipkuto told the judge in as much as IPOA is willing to delve into the investigations, its hands are tied by the law.
However, Senior Counsel Paul Nyamondi and Abner Mango told the judge Article 165 of the Constitution vests unfettered authority to the court to issue any orders in respect to laws that are inconsistent with Constitution.
Also, the judge heard that Article 157 of the Constitutions allows the Director of Public Prosecutions (DPP) to order investigations into any criminal matter.
“This court has powers to de-bar IPOA to enable it resume investigations into the disappearance of the Mathare Four (4),” Mr Noordeen Khagai, appearing alongside Mr Mango, told the judge.
Mr Nyamondi told the judge public interest demands that the whereabouts of the four men be established.
Mr Mango submitted that it is well over two months since the disappearance of Macmillan Mugo, Abdulaziz Zizou, Michael Oloo and Evans Otieno Oloo without trace.
The judge heard families of the alleged abductees are anxious as every day they “keep hoping their beloved one’s will come back.”
The lawyers for the victims said unless the court intervenes to resolve the lacuna introduced by Section 26 of the IPOA Act, the matter will continue to sink and dwindle unresolved.
Mr Mango urged the judge to disentangle IPOA from the law prohibiting it from investigating the disappearance of the four.
Justice Muteti will determine on August 22, 2026, whether to lift the ban prohibiting IPOA from investigating matters already filed in court.
At the same time, the judge directed director WPA to appear in court with sworn affidavits detailing whether he has rescued relatives of the victims who have expressed fear for their lives to enable attend court to explain what they know their abducted kin.
The relatives and other witnesses who saw the victims being whisked away in Subaru vehicles and unmarked Double Cabins expressed fear for their lives after testifying in court.
The victims were allegedly abducted by police two months ago at Mathare slums.
Mr Mango told the judge that he has made several visits to WPA but no information has been relayed by the agency in relation to witnesses who have recorded statements or the safe homes where they could be kept.
“Due to the sensitive nature of these four applications, I will deliver a ruling on August 21, 2026, detailing the issues raised by IPOA and prosecuting counsel,” stated Justice Muteti.
The Kenya National Human Rights Commission (KNHRC) also asked the Judge to determine whether to declare null and void Section 30 of its establishing laws saying it bars it from investigating matters pending in court.
