Nicholas Oyoo and Bob Njagi
By David Njoroge
The High Court of Uganda has ruled that Kenyan activists Bob Njagi and Nicholas Oyoo, who were allegedly abducted in Kampala, be categorised as missing persons.
Justice Simon Peter Kinobe delivered the ruling on Tuesday, October 22, stating that accusations against Uganda’s security agencies lacked credible evidence. The court noted that the activists’ lawyers failed to prove the State’s involvement in their disappearance.
Njagi and Oyoo were reported missing on October 1 after being seized by four armed men believed to be security officers.
They had reportedly joined National Unity Platform presidential candidate Bobi Wine’s campaign before being forced into a vehicle and their phones switched off.
Their lawyer told the court that the two were being held incommunicado at a military facility in Mbuya for more than 48 hours without trial or formal charges, terming it a violation of their constitutional rights.
The respondents, including the Chief of Defence Forces, Chief of Defence Intelligence and Security, Inspector General of Police and the Attorney General, denied any involvement, saying investigations across all detention facilities under the Uganda Peoples’ Defence Forces, the Directorate of Military Intelligence and the Uganda Police Force confirmed the two were not in custody.
“The application is frivolous, vexatious and brought in bad faith, intended to damage the reputation of the respondents,” the State argued.
Justice Kinobe agreed, ruling that the court could not compel the government to produce persons whose whereabouts were unknown.
“There is no cogent evidence that the respondents actually have the applicants. One cannot squeeze blood from a stone. The State can only produce what it has,” noted Kinobe.
He advised the activists’ lawyers to file a missing persons report with the Uganda Police Force to facilitate investigations.
