The Law Society of Kenya now wants the Government to establish a task force to investigate enforced disappearances and extrajudicial killings.
In a petition to the Attorney General, the Speaker of the National Assembly and the Inspector General of Police, LSK further wants a probe into the abduction of Lawyer Prof. Hassan Nandwa and the mysterious disappearance of his client Elgiva Bwire, expedited and a report filed with the Court.
The police have launched a manhunt for Bwire, an ex-terror convict who went missing on October 28 after his release from Kamiti Maximum Prison.
According to LSK CEO Mercy Wambua and LSK-Nairobi Branch Chairman Eric Theuri, Prof Nandwa was abducted on 28th October 2021 at around 7.00 pm, after reporting to Central Police Station about the disappearance of his client immediately after he was freed from prison.
The lawyers went to court over the matter, only for the Muslim scholar and lawyer to be found alive in Mwingi on Monday at 1 am and later reunited with his family.
LSK has condemned the alleged intimidation of lawyers saying the scenario presents an existential threat to the ability of advocates to offer services to their clients.
“This is not the first case where an advocate has mysteriously disappeared while in the course of their duty. In 2016, the LSK witnessed a similar matter with the mysterious and enforced disappearance of Advocate Willie Kimani, his client Josephat Mwendwa and their taxi driver Joseph Muiruri,” Theuri says.
He further pointed out that, “one of our members, Benson Njau Kayai Advocate, was abducted in broad daylight on the 7th of February, 2021 along Muhoho Avenue South C, Nairobi. The matter was reported at Langata Police Station and to date, there have been no conclusive investigations into his disappearance. This is a matter that continues to cause anxiety not only to the legal profession but to also his family.”
LSK is calling on international investigation agencies to intervene and assist the police with investigations adding that police were targeting their members.
“Inspector General of Police should notify all police officers that advocates cannot and should not, be victimized and/or associated with their client or the allegations made against the client. Advocates have a duty to take up all forms of cases and represent their clients without any fear, threats or intimidation” said Theuri.
He added “There should be a general stop to enforced disappearances and extrajudicial killings, as they have been prevalent in the country”
The Society has also called on the Attorney General and the National Assembly to take necessary steps to have Kenya ratify and adopt the International Convention on the Protection of All Persons from Enforced Disappearance.
By Fred Azelwa.