Justice Bahati Mwamuyé issued the order, demanding that the six be brought before the court by 11:00 AM on Tuesday, December 31, 2024.
The individuals—Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steve Kavingo—are reportedly victims of illegal detention.
Their families, supported by the Law Society of Kenya (LSK), argue that the detentions were unlawful and constitute a violation of constitutional rights.
Justice Mwamuyé’s ruling follows a petition filed under a certificate of urgency, where the detainees’ legal team sought Habeas Corpus orders to compel their production in court.
The judge underscored the need for accountability, noting that “the rights of the petitioners must be protected, and any unlawful action taken by the authorities must be held accountable.”
The court further prohibited any prosecution of the six individuals without prior approval from the High Court, issuing a conservatory order to safeguard them against further legal actions while the case is ongoing.
Inspector-General Kanja, who is the first respondent in the case, faces mounting pressure to justify the detentions or risk contempt proceedings.