Court rejects bid to compel state to produce missing analyst Mwenda Mbijiwe

Security analyst Mwenda Mbijiwe disappeared after allegedly being abducted by people believed to be police officers more than four years ago. [FILE]

The High Court has dismissed an application seeking to compel the State to produce missing security analyst Mwenda Mbijiwe, who disappeared after allegedly being abducted by people believed to be police officers more than four years ago.

In a judgment delivered on Wednesday, Milimani High Court Judge Martin Muya dismissed the application after finding that Mbijiwe's family, led by his mother, had failed to prove that he is or was in police custody.

"From the evidence adduced in court, a prima facie case has not been made to the effect that Mbijiwe was in the legal custody of the police. This application, I find, has no merit, and it is dismissed," the judge added.

Missing security analyst Mwenda Mbijiwe's mum breaks down in court after application to produce him was dismissed.

Video by Lenox Sengre pic.twitter.com/Eq3t87ZUIn — The Standard Digital (@StandardKenya) June 3, 2026

Mbijiwe, a former Kenya Air Force officer and security analyst, disappeared on June 12, 2021, while travelling to Meru.

His family has maintained that he was abducted by people believed to be police officers along Roysambu Road before vanishing without a trace.

"There is no dispute that the first applicant went missing on June 12, 2021," Justice Muya said.

The judge noted that reports regarding the disappearance had been made at both Nanyuki and Lang'ata police stations and that the matter was properly documented.

"To that extent, the disappearance of the first applicant stood documented and proved," he ruled.

However, Justice Muya said proof of disappearance alone was insufficient for the court to grant habeas corpus orders.

"But it is not enough to prove disappearance for the court to grant habeas corpus. It is the duty of the applicant to prove that Mbijiwe was in illegal custody of the police, or he was in illegal custody of identifiable persons other than the respondents," the judge stated.

The court held that under the law, the burden remained on the petitioners to demonstrate through credible evidence that Mbijiwe was being held by the State or identifiable individuals.

The judge observed that Mbijiwe's mother, Jane Gatwiri, who filed the case, was not present when her son disappeared and therefore could not provide direct evidence about the circumstances surrounding the alleged abduction.

The court further noted that a key witness, Edwin Mwangi Macharia, who had reportedly informed the family that Mbijiwe had been kidnapped, failed to testify despite being summoned by the court.

"The court was of the view that this witness could throw some light on the disappearance of the first applicant. However, he did not present himself in court to testify on behalf of the applicants," Justice Muya said.

According to the judge, the absence of such evidence left the court without proof linking Mbijiwe's disappearance to police custody.

Justice Muya also observed that when the family first reported the matter to police, it was recorded as a missing person case rather than an abduction.

The court further questioned the pace and effectiveness of investigations conducted after Mbijiwe's disappearance.

Evidence presented showed that the vehicle he had hired was later found abandoned near Tatu City and towed to Ruiru Police Station before being released to its owner.

"It is not clear whether any investigations were conducted at the place of recovery, that is at the scene, or on the vehicle itself," the judge noted.

He further criticised investigators for activating crucial investigative tools years after the disappearance.

"These investigating tools were being activated five years after the disappearance of Mbijiwe. The question which comes to mind is, what value can these investigations yield after a duration of five years?" he posed.

While expressing dissatisfaction with the investigations, Justice Muya clarified that the court was not being asked to supervise investigations but rather to determine whether the requirements for habeas corpus had been met.

"The investigations into the disappearance of Mbijiwe are wanting in substance," he observed.

In the final determination, the judge held that no prima facie case had been established to show Mbijiwe was in police custody or being unlawfully detained by any identifiable person.

Speaking shortly after the ruling, Mbijiwe's mother expressed dissatisfaction with the decision and said she would appeal the judgment after consulting her lawyer, Evans Ondieki.

She alleged that State agents were involved in her son's disappearance, which she claimed was connected to his plans to contest the Meru gubernatorial seat.