The High Court in Nairobi is set to hear an urgent habeas corpus application seeking the immediate production of missing security consultant Mwenda Mbijiwe, who vanished in June 2021 under mysterious circumstances.
The petition, filed by Ondieki & Ondieki Advocates, names key state agencies including 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 as respondents.
Family Takes Government to Court Over Four-Year Disappearance
According to court filings, Mbijiwe’s family alleges he was abducted by plainclothes officers in Nairobi’s Roysambu area while en route to Meru County on June 12, 2021. He was reportedly driving a Toyota vehicle registration number KCN 641K, belonging to Edward Mwangi Mucharia, when he was last seen.
Witness accounts in the affidavit suggest that he was intercepted and taken away by men believed to be DCI officers driving unmarked vehicles. His whereabouts have remained unknown for over four years.
The application is jointly filed by Mbijiwe and Jane Gatwiri M’ithinji, who represents him legally. In supporting affidavits, Advocate Evans Ondieki describes the matter as one of “extreme urgency,” urging the court to intervene to protect the constitutional right to life and liberty.
Radio Interview and Death Threats Before Disappearance
Documents filed in court reveal that just two days before his disappearance, on June 10, 2021, Mbijiwe participated in a Muuga FM radio interview where he discussed sensitive national security issues. His family believes this appearance may have triggered his abduction.
Adding to the concern, Mbijiwe had previously filed a report at Central Police Station under OB Number 75/16/06/2021, citing credible death threats — yet no action was taken before his disappearance.
Legal Demands Before the Court
The habeas corpus application calls on the court to order the state to produce Mwenda Mbijiwe “dead or alive”, and if deceased, to release his body to his family for a proper burial. Alternatively, the court is urged to declare his continued disappearance as unlawful and unconstitutional.
The suit is grounded in Articles 25(d), 28, 29, and 51(2) of the Constitution of Kenya, which protect the right to freedom, security, and protection from torture and detention without trial. The petition also cites Section 389 of the Criminal Procedure Code, which empowers the court to issue habeas corpus orders.
A Test of State Accountability
Advocate Ondieki argues that the prolonged silence of state agencies violates the rule of law and undermines Kenya’s constitutional democracy.
“The continued concealment of Mr. Mbijiwe’s whereabouts constitutes an ongoing violation of his fundamental rights,” reads part of the application.
If the High Court grants the orders, the state will be compelled to account for Mbijiwe’s fate or face contempt charges for non-compliance. Conversely, a denial of custody by the state could pave the way for a criminal probe into his suspected abduction.
Awaiting Court Determination
The case now awaits allocation before a High Court judge in chambers, who will first consider the application’s urgency before setting a formal hearing date.
Human rights observers say the case could set a major precedent for Kenya’s justice system — reaffirming judicial oversight in cases of enforced disappearance and state accountability.
For Mbijiwe’s family, the court’s intervention represents their final hope in a painful four-year search for truth and closure.