President of the Law Society of Kenya (LSK) Faith Odhiambo has issued a warning about the consequences of judicial delays in handling abduction cases, emphasising that the failure to act swiftly could mean the difference between life and death.
Speaking at the People’s Dialogue Festival at Uhuru Park on Wednesday, March 5, 2025, Odhiambo articulated her concerns about the sluggishness of the judicial process, particularly in cases where individuals have been forcibly taken and their whereabouts remain unknown for extended periods.
“The cases and the delays—yes, there have been delays,” she acknowledged. “And if you have watched these cases closely, you will notice that the courts are often caught in a delicate balance between ensuring matters are resolved quickly while also giving the other side an opportunity to present their case.”
She noted that, in many instances, the Inspector General of Police has defended the slow progress of such cases by citing ongoing investigations, incomplete evidence, or the lack of key witness statements.
However, she argued that such explanations—while legally valid—place the judiciary in a difficult position, as courts cannot dictate the speed at which the National Police Service conducts its investigations.
“The courts cannot tell the police how to investigate or how fast to do so,” she said. “Though the judiciary can exert pressure by demanding accountability and requiring regular updates, it remains constrained by the investigative process.”
Despite this limitation, Odhiambo pointed out that public and legal pressure on the courts has yielded some positive outcomes. She highlighted that in certain high-profile cases, judicial intervention has led to the release of abducted individuals.
However, she lamented that, in too many instances, justice has come too late.
“The unfortunate reality is that while some cases have ended with the safe return of victims, others have not. The most recent tragedy involved three individuals who had been abducted and later turned up dead,” she said. “And that is precisely why we continue to push the courts to act swiftly—because these orders are not just legal formalities; they are a matter of life and death.”
Odhiambo stressed that the longer the courts take to handle such cases, the greater the risk of tragic outcomes.
“The longer the court delays in handling certain cases, we will not be picking up our fellow citizens alive—we will be picking up dead bodies,” she warned.
She vowed that the Law Society of Kenya would not relent in its fight for justice and accountability, pledging to keep raising concerns, applying pressure, and pushing the judiciary to act with the urgency that these cases demand.
“Because they are determinants of life and death. Because the longer the court delays in handling certain cases, we will pick up dead bodies; we will not pick up our fellow citizens. So we will continue to raise those concerns and push.”