The High Court has dismissed an application seeking to compel the State to produce missing security analyst Mwenda Mbijiwe, dead or alive, in a case that has gripped the nation for five years.
Justice Martin Muya ruled that Mbijiwe’s family, led by his mother Jane Gatwiri, failed to establish a prima facie case linking his disappearance to police custody, despite lingering concerns about the quality of investigations into his fate.
“The applicants have not produced any evidence to show that the first applicant was or is in custody of the respondents. This application lacks merit and it has been dismissed.”
Mbijiwe, a former Kenya Defence Forces officer turned security consultant, vanished in June 2021 while traveling from Nairobi to Meru.
His disappearance sparked widespread speculation, with family members and human rights groups repeatedly accusing state agencies of failing to conduct thorough investigations.
Justice Muya emphasized that constitutional remedies such as habeas corpus require demonstrable proof that an individual is being held by authorities.
In this case, he noted, the family had not provided sufficient evidence to show that Mbijiwe was detained by police or other state organs.
“The applicants have not established a prima facie case linking the disappearance of the subject to the respondents,” the judge stated, effectively closing one legal avenue for the family.
However, Justice Muya has questioned the manner in which the police conducted their investigations 4 years after Mbijiwe’s disappearance.
The judgement reignites debate over the effectiveness of Kenya’s investigative agencies in handling cases of enforced disappearances.
Civil society organizations have long criticized the slow pace and perceived opacity of investigations into Mbijiwe’s case, pointing to a broader pattern of unresolved disappearances.
For the family, the judgment represents yet another setback in their quest for closure.
Mbijiwe’s mother, who has been at the forefront of the legal battle, expressed disappointment, insisting that the State still bears moral responsibility to account for her son’s fate.
“This judgement has really broken my heart. I am seeking an audience with the president to reveal more information on the events that unfolded before my son’s disappearance,” said Ms Gatwiri.
The mother alleges that Mbijiwe was to receive a huge amount of money from the United States for his gubernatorial bid a few days before he disappeared and that top security personnel in the country at that time wanted a share of this money.
“They were demanding that he must surrender 20 percent of this money that he was waiting for”, she added.
Five years on, the mystery of Mwenda Mbijiwe remains unresolved.
The High Court’s decision may have closed one chapter, but for his family, the search for truth and justice continues.
His case stands as a stark reminder of the challenges faced by families of missing persons in Kenya, where questions of accountability, transparency, and human rights remain deeply contested.
Edited by John Majau
