The application, filed by Mbijiwe’s family, seeks answers over his whereabouts after relatives alleged that plainclothes officers abducted him more than four years ago.
Family seeks answers over missing man
Mwenda Mbijiwe and Jane Gatwiri M’ithinji have filed the application at the High Court, with M’ithinji acting on his behalf.
The applicants are represented by Ondieki & Ondieki Advocates, with Advocate Evans Ondieki supporting the case through affidavits.
The family filed the matter as a Miscellaneous Criminal Case, describing it as urgent due to the prolonged disappearance.
State security agencies named in case
The application lists several government agencies as respondents.
They include the Attorney General, Inspector General of Police, Directorate of Criminal Investigations (DCI), Office of the Director of Public Prosecutions (ODPP), and the National Police Service.
The applicants claim that state agents may have been involved in Mbijiwe’s disappearance.
They want the court to compel the authorities to explain his whereabouts and present him before the court.
Details surrounding alleged abduction
According to court documents, Mbijiwe disappeared on June 12, 2021.
The family claims that unknown individuals abducted him in Roysambu, Nairobi County, while he travelled towards Meru County.
The documents state that Mbijiwe was driving a vehicle registered as KCN 641K, which belonged to Edward Mwangi Mucharia.
The family alleges that witnesses last saw him with individuals believed to be DCI officers wearing civilian clothes and using unmarked vehicles.
Family links disappearance to security concerns
The application states that Mbijiwe had participated in a Muuga FM radio interview two days before his disappearance.
During the interview, he discussed security-related issues.
His family believes the public discussion may have contributed to his alleged targeting.
They also state that Mbijiwe had reported death threats at Central Police Station before he went missing.
The report was recorded under OB number 75/16/06/2021.
Court asked to issue habeas corpus orders
Through the application, the family wants the court to order state agencies to produce Mbijiwe before the court.
They are seeking his immediate presentation or release if authorities are holding him unlawfully.
The case relies on constitutional protections relating to personal freedom, security, dignity, and protection from unlawful detention.
The applicants also cite Section 389 of the Criminal Procedure Code, which allows courts to issue habeas corpus orders.
Case raises accountability concerns
The family argues that the continued uncertainty surrounding Mbijiwe’s whereabouts violates his constitutional rights.
They want the court to intervene and ensure state agencies account for his disappearance.
If granted, the orders would require authorities to produce Mbijiwe before court or explain his absence.
The application will now proceed before a High Court judge, who will first determine its urgency before considering the main issues raised.
