The Commissioner of Police has been summoned to appear before court next Monday over the unlawful detention of Mungiki sect national co-ordinator Mr. Ndura Waruingi
The order was issued yesterday by High Court judge Justice Gideon Mbito. The affidavit was sworn by Waruingi's wife Mrs. Selina Muthoni Waruingi.
Police Commissioner Mr Philemon Abong'o has been asked to appear before court in person or through a duly instructed advocate "with the original warrant or order for the detention of Waruingi"
Waruingi was arrested last week by police over the sect's contentious occupation of matatu terminus in various parts of the city. The arrest came after Waruingi and other officials of the unregistered sect defied a police order for its members to vacate termini on city matatu routes.
The order further asked the commissioner of police to produce Waruingi in court on Monday. The Attorney General and the Director of CID have also been served with a similar order.
In applying for the affidavit, Waruingi's wife argued that police had failed to produce him before a court of law for.
She said during the arrest, she was not informed which police station he was taken to.
She added that plainclothes officers further searched their residence in Ngong and illegally confiscated documents.
"My efforts to trace his whereabouts have been fruitless," she said in her affidavit.
"To date, no charges have been preferred against my husband," she added.
She contended that the arrest of her husband is unlawful and it was executed without a warrant. She said Waruingi's constitutional rights to a fair trial had been violated and this would affect his health.
Police confiscated among others photographs of Mungiki members, press statements and copies of booklets on the Goldenberg case.