Is feisty opposition lawyer Miguna Miguna dead or alive? That is big question his lawyer John Khaminwa posed before High Court judge Justice Luka Kimaru on Monday afternoon after the government failed to produce Mr Miguna at 2pm as ordered in the morning.
With the 2pm deadline long gone, the lawyers led by Dr Khaminwa appeared for a ruling from Justice Kimaru.
They had applied for the court to find the Inspector General of Police Joseph Boinnet in contempt of court for disobeying a Friday order to release Miguna and subsequent order issued on Monday morning to have taken to court at 2pm Monday.
But before the judge could give his ruling, Dr Khaminwa had a few questions: "Is he (Miguna) alive? Is he dead? Is he in hospital? My Lord, these are questions that keep on coming up in our heads."
He went on: "What has happened to Miguna Miguna? Miguna has a family, the family does not live in Kenya... the family lives in Canada. The family is anxious to know. What has happened to our breadwinner, Miguna Miguna? We as lawyers are not able to provide an answer. We are receiving communication from diplomatic houses in Nairobi who are also anxious to receive communication if he is still alive or dead."
DEAD OR ALIVE?
The lawyer cited the cruel murder of human rights lawyer Willie Kimani, his client and taxi driver as some of the developments that had Miguna's family worried.
The DPP's office did not object to the application by Miguna's lawyers and told the judge to make a finding.
Justice Kimaru ruled that Mr Boinnet and Director of Criminal Investigation George Kinoti should appear in person in court on Tuesday at 9am or alternatively have Miguna released before then.
The judge directed the DPP to serve the orders to the top police leadership.
Top opposition leaders including Raila Odinga attended the emotional court session.
Miguna has been in police custody since Friday morning when he was violently arrested from his Runda home for his role in the 'swearing in' of Nasa leader Raila Odinga as the "people's president" on Tuesday last week.