Court Rejects Application to Compel State to Present Missing Mwenda Mbijiwe
The High Court in Nairobi has dismissed an application seeking orders compelling the State to produce missing security analyst Mwenda Mbijiwe.
In a ruling delivered at Milimani Law Courts, Justice Martin Muya said the petition did not meet the legal threshold for habeas corpus orders. The application had been filed by Mbijiwe’s mother, Jane Gatwiri.
The judge said that while there was evidence showing that Mbijiwe disappeared and that reports had been made at Nanyuki and Lang’ata police stations, this alone was not sufficient to prove that he was in State custody. He said the court was not satisfied that a prima facie case had been established showing unlawful detention by the police or any identifiable authorities.
Justice Muya added that the court’s role was limited to assessing whether the requirements for habeas corpus had been met, rather than supervising ongoing investigations. He noted that although concerns had been raised about delays and gaps in the investigation, this did not change the legal threshold required for the order to be granted.
Mbijiwe, a former Kenya Air Force officer and security commentator, was last seen on 12 June 2021 while travelling towards Meru. His family says he was abducted along Roysambu Road by individuals believed to be police officers. His hired vehicle was later found abandoned near Tatu City and taken to Ruiru Police Station.
The court noted several weaknesses in the petition. These included the absence of key testimony from a witness, Edwin Mwangi Macharia, who did not appear despite being summoned. The judge said this limited the evidence available to the court.
Although the judge criticised aspects of the investigation, including delays in some procedures, he said the legal requirements for granting the order had not been met.
Following the ruling, Mbijiwe’s mother expressed disappointment and said she intended to appeal after consulting her lawyer, Evans Ondieki.
