The Ugandan High Court has thrown out a petition that would have compelled the government to bring back two missing Kenyan activists, Bob Njagi and Nicholas Oyoo, after ruling there was no proof the two were being held by state organs.
In her decision, the judge stated the application did not provide any evidence of involvement of the government in the disappearance of the activists.
She proceeded to declare Njagi and Oyoo as missing persons, directing the petitioners to make a formal report with the Uganda Police Force to initiate an investigation.
It is my observation that the respondents have obeyed the court’s previous orders. I do not find any justification for giving any additional orders,” the ruling partly read.
“I would therefore categorize the applicants as missing persons and advise counsel for the applicants to initiate investigations by reporting the missing person to the Uganda Police Force.”.
The government made the decision just days after the same court had ordered the police to produce the two activists, dead or alive, within seven days.
The two Kenyans disappeared in Kampala nearly two weeks ago, and it is widely speculated that they may have been detained at a military facility.
Rights group Freedom Hive Uganda confirmed that the earlier order was issued by Justice Peter Kinobe, following a habeas corpus application by the activists’ lawyers.
The lawyers, in their petition, reported that Njagi and Oyoo were abducted on October 1 in Kaliro District, eastern Uganda, and subsequently taken to a military detention center in Mbuya, Kampala.
They argued that prolonged detention without charge was against Ugandan law, which provides that any person arrested should be produced before court within 48 hours.
The Uganda National Police, however, closed the case, stating that they had no recollection of arresting or detaining the two.
Njagi and Oyoo were reported to have traveled to Uganda for a political rally and to hold an audience with National Unity Platform (NUP) president Bobi Wine, who will be contesting President Yoweri Museveni in the upcoming general election.
The two were allegedly bundled by men they did not know at a petrol station shortly after the rally.
Since they disappeared, Kenya’s Foreign Affairs Ministry reported that it had made inquiries to the Ugandan government seeking their whereabouts.
According to Principal Secretary Korir Sing’oei, Kenya’s embassy in Uganda had raised the matter and was working closely with the Ugandan government.
The fate of Njagi and Oyoo is unknown, and their family members and fellow activists remain seriously worried.
Human rights organizations in the region are now calling for an open investigation and for the two governments to be held responsible for the missing men.