A family in Nakuru have moved to court to sue National Authority for Campaign against Alcohol and Drug Abuse (Nacada) chairman John Mututho over detention of their children arrested during an illicit brew crackdown in the area.
Milcah Kehuro, through her lawyer Steve Kabita, on Monday filed an application in court seeking orders to have the children said to have been arrested over a week ago produced in court.
According to a charge sheet, the children are required in court to answer to charges of being found in need of care and protection over what the state claims was neglect.
In papers filed in court, the Mr Kabita affirmed that the minors, who were supposed to appear in court on July 6, a day after their arrest, have never been seen and efforts to trace them have been tamed futile.
“The minors arrested by the state agents during an illicit brew crackdown have not been produced in court as required by law. Necessitating a plea for grant of Habeas corpus orders against the respondents,” the part of the application reads.
Kabita stated that the minors were potential witnesses in a matter where their house worth Sh12 million was burnt to ashes by a mob led by the Nacada chairman.
Others who have been sued in the case include the Director of Public Prosecution Keriako Tobiko, Inspector General of Police Joseph Boinnet and Bahati MP Kimani Ngunjiri.
In the suit, the Nacada chairman and the area MP are said to have issued orders to have the minor’s posh house torched in full watch of armed police officers.
The complainant, who is the minor’s aunt, claimed that the children have been detained since their arrest without orders from the court.
The minors’ parents are also said to have disappeared mysteriously since the crackdown on July 5.
Children’s court magistrate Judicaster Nthuku on Monday ordered the Ahlul Bayt children’s home to produce the three minor in court.
Nthuku further summoned the director of the children‘s home to explain why they have been holding the minors in the institution without a valid court order.