The petition, filed at the High Court of Kenya, turns a family’s search for answers into a legal challenge against state authorities.
Mother alleges son was abducted
In court documents, Jane Gatwiri Mithinji claims that her son was abducted on June 12, 2021.
She alleges that individuals believed to be officers from the Directorate of Criminal Investigations (DCI) took Mwenda Mbijiwe and drove him away in an unmarked vehicle.
The petition states that the individuals were not in uniform and took him to unknown locations.
The allegations have not been proven in court.
Abandoned vehicle raises concerns
The mother says her son’s vehicle, registration number KCN 641K, was later found abandoned.
She argues that the abandoned car forms part of evidence showing that he did not disappear voluntarily.
The court papers also state that Mbijiwe had reported receiving death threats before his disappearance.
According to the affidavit, he made the report at Central Police Station under OB No. 75/16/06/2021.
Petition links disappearance to security concerns
The documents claim that Mbijiwe had participated in a radio interview discussing security matters two days before he disappeared.
The petition suggests that the interview may have contributed to his alleged abduction.
However, the court is yet to determine the facts surrounding his disappearance.
Mother asks court to order state to produce son
Through the petition, Mithinji wants the court to order authorities to produce her son.
The application asks the state to present Mwenda Mbijiwe “dead or alive” before the court so that the matter can be handled according to the law.
The request reflects the family’s demand for clarity after years without answers.
Petition cites constitutional rights
The mother argues that her son’s disappearance violates constitutional protections.
She relies on Article 29 of the Constitution, which protects individuals from arbitrary detention and unlawful deprivation of freedom.
The petition also refers to international human rights principles, including protections under the Universal Declaration of Human Rights.
High Court to determine next steps
The case places state security agencies under scrutiny over their responsibility to protect citizens and account for alleged disappearances.
The court will now consider the application and determine the appropriate orders as the family continues seeking answers about Mwenda Mbijiwe’s fate.
