The High Court of Uganda has ruled that Kenyan activists Bob Njagi and Nicholas Oyoo, who were allegedly abducted in Kampala on October 1, will be categorized as “missing persons”, citing a lack of evidence implicating the Ugandan state in their disappearance.
Delivering the ruling on Tuesday, October 22, Judge Simon Peter Kinobe stated that the accusations against the government were unsubstantiated, as no proof was presented showing that the activists were being held by security agencies.
The accused parties in the petition included Uganda’s Chief of Defence Forces (CDF), Chief of Defence Intelligence and Security (CDIS), Inspector General of Police (IGP), and the Attorney General of Uganda.
“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,” Justice Kinobe ruled.
Activists’ Lawyers Cry Foul
Lawyers representing Njagi and Oyoo told the court that the two were abducted by four armed men believed to be Ugandan security officers and held incommunicado at a military facility in Mbuya for over 48 hours without trial or formal charges.
They argued that the alleged detention violated the activists’ constitutional rights to liberty and due process.
However, state lawyers dismissed the claims as “frivolous, vexatious, and brought in bad faith,” maintaining that neither the Uganda People’s Defence Forces (UPDF) nor the Uganda Police Force (UPF) had custody of the missing Kenyans.
The State submitted that thorough searches were conducted across all detention centers under military and police control, with no trace of the two activists.
Court Orders Registration as Missing Persons
In his decision, Judge Kinobe ruled that, in the absence of credible evidence linking the State to the abduction, Njagi and Oyoo must be treated as missing persons.
He also advised their legal representatives to file an official missing persons report with the Uganda Police Force, to trigger formal investigations.
The two activists were reportedly part of Bobi Wine’s National Unity Platform (NUP) campaign activities before they were allegedly bundled into a vehicle and their phones switched off.
Regional Human Rights Concerns
Human rights groups in Kenya and Uganda have condemned the court ruling, calling for speedy cross-border investigations to establish the activists’ whereabouts and ensure accountability.
Kenyan rights organizations, including Haki Africa and the Kenya Human Rights Commission (KHRC), have urged both governments to act swiftly, warning that enforced disappearances in the region are becoming alarmingly common.
