REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. OF 2020
IN THE MATTER OF: ARTICLES 19(2), 20 (1) AND (2), 21(1) OF THE
CONSITUTION OF KENYA, 2010
IN THE MATTER OF: ARTICLE 22(2), 23(1) & (3), 165 OF THE CONSTITUTION
OF KENYA, 2010
IN THE MATTER OF: ARTICLE 25 OF THE CONSTITUTION OF KENYA, 2010
GUARANTEEING THE RIGHT TO AN ORDER OF
HABEAS CORPUS
BETWEEN
BETWEEN
DIDMUS JONES (Suing on
Behalf of Ellon Jones Alias Free Spirit) …………………..……………1ST PETITIONER
CINDERELLA QUEEN (Suing on
behalf of Precious Queen Alias Young Blood)…………………………2ND PETITIONER
BEATRICE CHARLES(Suing on
behalf of Kingstone Charles Alias The Emperor……………………....3RD PETITIONER
AND
INSPECTOR GENERAL OF POLICE………………………….……1ST RESPONDENT
OFFICER COMMANDING
POLICE DIVISION-NAIROBI………………………………………..2ND RESPONDENT
OFFICER COMMANDING
POLICE STATION-CENTRAL POLICE STATION……………….3RD RESPONDENT
OFFICER COMMANDING
POLICE STATION-LANGATA POLICE STATION……………..4TH RESPONDENT
OFFICER COMMANDING
POLICE STATION-PANGANI POLICE STATION……………….5TH RESPONDENT
POLICE CONSTABLE LARVINE KHANALI……………………..6TH RESPONDENT
THE DIRECTOR OF PUBLIC PROSECUTIONS………………….7TH RESPONDENT
THE ATTORNEY GENERAL………………………………………8TH RESPONDENT
CERTIFICATE OF URGENCY
I, DESMOND SHUGA, an advocate of the High Court of Kenya who has conduct of this
matter on behalf of the Petitioners do hereby certify the application filed herewith as
extremely urgent and deserving to be placed before the duty Court forthwith for the following
reasons:-
1. THAT for more than 24 days now, the three Petitioners named above were abducted
in broad daylight suspected to be police officers on the 3rd of February, 2025.
2. THAT for more than three weeks, the Respondents have refused and blatantly
declined to allow the Petitioners to have access to, communicate with, provide food
and medication, or in any way ascertain the health and medical condition of the
Petitioners who the Respondents continue to hold and/ or detain under their unlawful
custody.
3. THAT the Petitioners whereabouts remain unknown, and the Respondents have
neither confirmed nor denied their detention.
4. THAT the police have declined to explain the Petitioners whereabouts despite
credible reports placing the individuals in various police stations and access to them
has been denied to their families and advocates
5. THAT the continued and long holding, unlawful and unconstitutional detention of the
minor, without more, is a severe violation of her fundamental rights to parental care,
best interest and an infringement of her freedom of movement, liberty and the right to
be protected from abuse, neglect, harmful practices, all forms of violence whether
physical or mental, or inhuman treatment and punishment.
6. THAT the orders of habeas corpus directed to the Respondents to produce the body or
the person of the minor ……….. before this Court and to release the minor to the
custody and care of her parents and further restrain and or prohibit the malicious and
abusive intention of the Respondents to prosecute the Petitioners are the most
appropriate and in the interest of justice to issue at this ex-parte stage.
I accordingly certify this matter urgent.
Dated at Nairobi this 4th day of March 2025
DESMOND SHUGA & CO ADVOCATES.
ADVOCATES FOR THE PETITIONERS/APPLICANT
DRAWN & FILED BY:
DESMOND SHUGA & CO. ADVOCATES
K. P OFFICE SUITES, SUITE NO. 13
JAKAYA KIKWETE ROAD
P.O BOX 20136-00100 NAIROBI
TO BE SERVED UPON:
THE RESPONDENTS
1. INSPECTOR GENERAL OF THE NATIONAL POLICE
2. OFFICER COMMANDING POLICE DIVISION-NAIROBI
3. OFFICER COMMANDING POLICE STATION-CENTRAL POLICE
STATION
4. OFFICER COMMANDING POLICE STATION-LANGATA POLICE
STATION
5. OFFICER COMMANDING POLICE STATION-PANGANI POLICE
STATION
6. POLICE CONSTABLE FRIDAH KHANALI
7. THE DIRECTOR OF PUBLIC PROSECUTIONS
8. THE ATTORNEY GENERAL
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. OF 2020
IN THE MATTER OF: ARTICLES 19(2), 20 (1) AND (2), 21(1) OF THE
CONSITUTION OF KENYA, 2010
IN THE MATTER OF: ARTICLE 22(2), 23(1) & (3), 165 OF THE CONSTITUTION
OF KENYA, 2010
IN THE MATTER OF: ARTICLE 25 OF THE CONSTITUTION OF KENYA, 2010
GUARANTEEING THE RIGHT TO AN ORDER OF
HABEAS CORPUS
BETWEEN
DIDMUS JONES (Suing on
Behalf of Ellon Jones Alias Free Spirit) …………………..……………1ST PETITIONER
CINDERELLA QUEEN (Suing on
behalf of Precious Queen Alias Young Blood)…………………………2ND PETITIONER
BEATRICE CHARLES(Suing on
behalf of Kingstone Charles Alias The Emperor……………………....3RD PETITIONER
AND
INSPECTOR GENERAL OF POLICE………………………….……1ST RESPONDENT
OFFICER COMMANDING
POLICE DIVISION-NAIROBI………………………………………..2ND RESPONDENT
OFFICER COMMANDING
POLICE STATION-CENTRAL POLICE STATION……………….3RD RESPONDENT
OFFICER COMMANDING
POLICE STATION-LANGATA POLICE STATION……………..4TH RESPONDENT
OFFICER COMMANDING
POLICE STATION-PANGANI POLICE STATION……………….5TH RESPONDENT
POLICE CONSTABLE LARVINE KHANALI……………………..6TH RESPONDENT
THE DIRECTOR OF PUBLIC PROSECUTIONS………………….7TH RESPONDENT
THE ATTORNEY GENERAL………………………………………8TH RESPONDENT
NOTICE OF MOTION
((Brought under Articles 19(2) 20(1) & (2), 21(1), 22(2), 23(1) & (3),25 & 165 of the
Constitution of Kenya, 2010 and section 13, 19 and 24 of the
Constitution of Kenya (Protection of Rights and Fundamental
Freedoms) Practice and Procedure Rules 2013)
TAKE NOTICE THAT this Honourable Court shall be moved on the 4th day of March
2025 at 9.00 O’clock or thereafter as counsel for the Petitioner shall be heard in an
application for orders:-
1. THAT this application be certified as extremely urgent and heard ex-parte in the first
instance, and service thereof be dispensed with.
2. THAT an order of habeus corpus to be granted and issued by the Honourable Court,
pending the inter-partes hearing and determination of the Application hereof directed
to the Respondents or any person acting on their behalf to compel them to produce the
body or the persons of Ellon Jones, Precious Queen and Kingstone Charles, before
this Court at the time and earlies date to be determined by this Court.
3. THAT pending the inter-partes hearing and determination of this Application hereof,
an order be issued and granted pursuant to Article 23(3)(b) and (c) restraining the
Respondents from harassing, intimidating, holding in custody or detention or charging
or prosecuting the Petitioners in respect of the complaints arising or related to this
petition until such a time that this application shall be disposed of or the court deems
and with necessary directions.
4. THAT the Honourable Court grant any other relief as it may deem fit in the interests
of justice.
THE APPLICATION is based on the following GROUNDS: -
1. The Respondents have continued to hold the Petitioners for over 24 days in police
custody or in an undisclosed location without sanction of the Honourable Court, the
Petitioners herein in a sever and continued violation of their fundamental rights and
freedoms.
2. The Respondents have denied the knowledge of the Petitioners’ whereabouts despite
numerous inquiries by the families of the Petitioners.
3. The applicants being held in incommunicado detention with credible evidence that
they are in police custody despite not being fugitives not having been charged in any
court of law.
4. The situation which amounts to an enforced disappearance and unlawful detention.
5. Unless this application is heard urgently, the Petitioners are apprehensive that the
Respondents may subject them to further mental, physical, psychological and health
risks that will permanently injure the minor’s development.
AND is further GROUNDED on the annexed supporting affidavit filed herewith and on such
other reasons and evidence to be adduced at the hearing thereof
Dated at Nairobi this 4th day of March 2025
DESMOND SHUGA & CO ADVOCATES.
ADVOCATES FOR THE PETITIONERS/APPLICANT
DRAWN & FILED BY:
DESMOND SHUGA & CO. ADVOCATES
K. P OFFICE SUITES, SUITE NO. 13
JAKAYA KIKWETE ROAD
P.O BOX 20136-00100 NAIROBI
If any party served does not appear at the place and date herein beforementioned, the
matter shall proceed and orders granted their absence notwithstanding.
TO BE SERVED UPON:
THE RESPONDENTS
1. INSPECTOR GENERAL OF THE NATIONAL POLICE
2. OFFICER COMMANDING POLICE DIVISION-NAIROBI
3. OFFICER COMMANDING POLICE STATION-CENTRAL POLICE
STATION
4. OFFICER COMMANDING POLICE STATION-LANGATA POLICE
STATION
5. OFFICER COMMANDING POLICE STATION-PANGANI POLICE
STATION
6. POLICE CONSTABLE FRIDAH KHANALI
7. THE DIRECTOR OF PUBLIC PROSECUTIONS
8. THE ATTORNEY GENERAL
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. OF 2020
SUPPORTING AFFIDAVIT
I, GLORIA JONES, P.O Box 29834-00100, NAIROBI in the Republic of Kenya, being an
adult of sound mind do hereby make an oath and state as follows:
1. THAT I am a male adult Kenyan of sound mind residing in Nairobi and authorised by
Didmus Jones to swear on our behalf therefore competent to swear this affidavit.
2. THAT I am the biological mother of Ellon Jones Annexed hereto and marked EK1 is
a certified copy of the birth certificate.
3. THAT on the 3rd of February 2025, Ellon Jones had informed me he a had gone to
meet his friends Precious Queen and Kingstone Charles for a meeting.
4. THAT after a few hours I received from Ellon Jones stating that four armed men had
come to the place they were holding the meeting, after which he suddenly stopped
talking.
5. THAT on the 7th of February 2025, I was confirmed of the abrupt abduction of Ellon
Jones and his two friends by four armed men.
6. THAT I was informed of this and shown CCTV footage of the abduction of the said
persons by the four-armed men.
7. THAT this happened shortly after a press release by the police threatening to arrest
all those involved in the protest of 2nd February 2025 in parliament.
8. THAT even after numerous follow-ups, including public appeals and visits to police
stations around Nairobi, the police have been unable to give me their whereabouts.
9. THAT several credited eyewitnesses and social media posts have placed my son,
Ellon Jones, and his friends at various police cells in Nairobi, but no official record
has been made available.
10. THAT police have refused to either acknowledge or deny that the three are in
custody, causing concern for their welfare and safety.
11. THAT I strongly believe that unless this Honourable Court issues an order of habeus
corpus, the lives of the three individuals remain in imminent danger.
12. THAT what is deponed to hereinabove is true to the best of my knowledge save as to
matters deponed to on information the sources whereof have been disclosed and
matters deponed to on belief the grounds whereupon have been given.
SWORN at Nairobi by the said
………………………………..
This 4th day of March 2025
BEFORE ME
COMMISSIONER FOR OATHS
DRAWN AND FILED BY:-
DESMOND SHUGA & CO. ADVOCATES
K. P OFFICE SUITES, SUITE NO. 13
JAKAYA KIKWETE ROAD
P.O BOX 20136-00100
0712345678
NAIROBI
TO BE SERVED UPON:-
1. INSPECTOR GENERAL OF THE NATIONAL POLICE
2. OFFICER COMMANDING POLICE DIVISION-NAIROBI
3. OFFICER COMMANDING POLICE STATION-CENTRAL POLICE
STATION
4. OFFICER COMMANDING POLICE STATION-LANGATA POLICE
STATION
5. OFFICER COMMANDING POLICE STATION-PANGANI POLICE
STATION
6. POLICE CONSTABLE FRIDAH KHANALI
7. THE DIRECTOR OF PUBLIC PROSECUTIONS
8. THE ATTORNEY GENERAL
