The High Court of Uganda has declared Kenyan activists Bob Njagi and Nicholas Oyoo as “missing persons” following their alleged abduction in Uganda earlier this month.
The two activists were reportedly abducted on October 1 by four armed men believed to be security officers while accompanying National Unity Platform (NUP) presidential candidate Bobi Wine on his campaign trail.
In a ruling delivered on October 22, Judge Simon Peter Kinobe stated that the accusations made against the Ugandan government lacked sufficient evidence, noting that the arguments presented before the court did not implicate any of the named state officials.
The respondents in the case included the Chief of Defence Forces (CDF), Chief of Defence Intelligence and Security (CDIS), Inspector General of Police (IGP), and the Attorney General of Uganda.
Njagi and Oyoo’s lawyer told the court that the duo had been held incommunicado at a military facility in Mbuya for more than 48 hours without formal charges, terming it a violation of their constitutional rights.
However, the State denied the allegations, arguing that extensive checks across all detention facilities operated by the Uganda People’s Defence Forces (UPDF), Directorate of Military Intelligence, and Uganda Police Force (UPF) confirmed that the activists were not in custody.
“The application is frivolous, vexatious, and brought in bad faith, aimed at tarnishing the reputation of the respondents,” the State’s representatives argued.
In his ruling, Justice Kinobe said there was no verifiable proof that the activists were being held by the State.
“The State cannot be compelled to produce persons whose whereabouts are unknown. There is no cogent evidence that the respondents have the applicants,” he said.
“One cannot squeeze blood from a stone. The State can only produce what it has.”
The judge advised the activists’ counsel to file a missing persons report with the Uganda Police Force to initiate formal investigations.
Human rights groups in Kenya have since called for urgent investigations and the immediate release of the two activists.
