The East Africa Law Society (EALS) has strongly criticized a recent High Court of Uganda ruling regarding two missing Kenyan human rights defenders, calling it “morally hollow and jurisprudentially tragic.”
The regional legal body expressed deep concern over the disappearance of Nicholas Oyoo and Bob Njagi, reportedly abducted in Uganda’s Kaliro District on October 1. Their whereabouts remain unknown, sparking outrage among human rights advocates across the region.
The condemnation follows the October 22 ruling by the High Court’s Civil Division, where lawyers for the two Kenyans had filed a writ of habeas corpus, demanding that authorities produce the missing men. Instead, the court accepted denials from security agencies, classified the men as “missing persons,” and advised that a police report be filed.
EALS President Ramadhan M. Abubakar denounced the ruling, saying the court failed to uphold the fundamental right to liberty. “When courts accept State denial without credible proof or accountability, they cease to be temples of justice and risk becoming altars of impunity,” he said. Abubakar warned that judicial institutions in the region risk becoming “instruments of statecraft” rather than protectors of citizens’ rights.
The society linked the case to a broader pattern of state-linked disappearances, including the recent case of Tanzanian diplomat Humphrey Polepole. EALS stated that such incidents reflect a “corrosion of constitutionalism” and the “quiet normalization of enforced disappearance” in East Africa.
EALS emphasized that these acts violate constitutional protections of habeas corpus and international obligations under the African Charter on Human and Peoples’ Rights and the East African Community Treaty, which require adherence to the rule of law. The society called on Uganda and Tanzania to account for the missing individuals, conduct credible investigations, and hold those responsible accountable.
The East Africa Law Society serves as the regional umbrella body for national bar associations in East Africa and holds observer status within the East African Community (EAC).
