- The Chamber Summons dated 18/11/2022 came up for hearing today; having previously come up twice for hearing with no appearance for the Respondents.
- Senior Counsel Dr. Khaminwa for the Applicant urged this Court to allow the Chamber Summons as prayed, in light of the non-attendance by the Respondents and in light of what he termed the weakness of the Replying Affidavit in the matter filed on 22/02/2024.
- I note that the Replying Affidavit of the 1st, 2nd, and 3rd Respondent deponed by Sergent Alex Chokera is undated, and it was filed on 22/02/2024. The Replying Affidavit is an insufficient answer to the Chamber Summons dated 18/11/2022 and it is not a rebuttal of the same.
- My perusal of the Chamber Summons informs that it is merited, and I allow the same on the following terms and issue the following orders and directions:
a) The Order Nisi in this matter be and is hereby made Absolute;
b) An Order in the nature of a Writ of Habeas Corpus be and is hereby issued compelling the Respondents, jointly and severally, to produce the ex parte Applicant, Mzee Kuni Hele Halanka before this Court within the next 7 days of this Order;
c) An Order be and is hereby issued directing the 1st and 3rd Respondents to preserve and collate all information and documentation relating to the disappearance and whereabouts of Mzee Kuni Hele Halanka, the ex parte Applicant;
d) At the Mention of this matter, the 1st and 3rd Respondents shall each be present or be represented by duly authorized officers of the National Police Service under their command to confirm compliance with this Order; and
e) Mention to confirm compliance on 16/10/2024 at noon in physical court.
5. This is the Ruling of the Court with respect to the Chamber Summons, and it is so ordered.
Dated Signed and Delivered in Court and in the Presence of Parties and Counsel on this 9th Day of October, 2024.