A Nairobi High Court has ordered for the production of missing lawyer Hassan Nandwa and his client and Elgiva Bwire (his client).
High Court Judge Antony Mrima while issuing a ruling on the application by the Law Society of Kenya, Nandwa and his client Bwire.
Mrima also ruled that pending the hearing and determination of the application, an order be issued compelling Safaricom Limited to supply LSK and produce before court the phone call records and BTS (Base Transmitting Station) records and logs of Nandwa from 9.00 a.m on Thursday October 2021 to November 2,2021 midnight.
During the hearing the lawyers for LSK urged judge Mrima to issue the orders saying that the disappearance of Nandwa is a threat to the legal firm.
“How can two Kenyans be desperately missing since October 28,2021,Bwire had just been released from prison having served his term while Nandwa had just gone to meet his client, the lawyer appears to have reported the disappearance of his client at 4.30 in the afternoon and nothing has been done so far, “said lawyer Eric Theuri who is acting for the petitioners
Theuri told Mrima that several police officers raided the home of Nandwa, there may not be hard evidence but circumstances give strong evidence that the security agents have been involved in the disappearance of the lawyer.
“We are speaking about a life of two Kenyans, it concerns the state just as it concerns each and every one of us, “added Theuri.
Theuri added that It is only the state that has the resources to conduct investigations and produce the victims.
“What action have they taken since that day the two went missing and should also explain why they raided the victim’s home, “he added.
In the case Attorney General, Director of Public Prosecution (DPP), Inspector General of Police and Safaricom Limited are the key respondents in the case.
Becky Arunga acting for DPP said they have been served with the petition.
The lawyers for petitioners said the orders will help them trace the movement of the lawyer just before and after he disappeared. He added that another lawyer Willie Kimani was murdered in line of duty and it is not good because if advocates have to fear while representing clients may not be good for the country.
They added that the family of the victims are in Agony, they Prayed that orders be allowed with extremely urgent timeliness.
The orders have been opposed by counsels for respondents.
Mrima said that he has considered the application of both parties and that the Police have not said what they know on the whereabouts of the accused.
The matter will be heard on November 8,2021.
