Family seeks court intervention in disappearance of security expert Mwenda Mbijiwe
Mwenda Mbijiwe was reportedly last seen in Roysambu, Nairobi, in the company of individuals believed to be officers from the Directorate of Criminal Investigations (DCI), who allegedly whisked him away in unmarked vehicles to unknown destinations.
A petition has been filed at the High Court in Nairobi seeking intervention over the alleged unlawful and unconstitutional arrest and detention of security consultant Mwenda Mbijiwe, who has been missing since June 2021.
In the application filed under a certificate of urgency by lawyer Evans Ondieki, Mbijiwe and his co-applicant, who is also his mother, Jane Gatwiri M'ithinji, accuse the State of violating fundamental rights and freedoms guaranteed under the Constitution, including the right to liberty, health, freedom of movement and association.
More To Read
- Court grants DPP 30 days to supply evidence in Wycliffe Wangamati graft case
- Mbobu murder: PLO Lumumba criticises Parliament for silence amid surge in killings
- IPOA launches ambitious strategic plan to transform policing in Kenya
- Boniface Kariuki murder: Officer Klinzy Baraza to remain in custody ahead of October 6 bail ruling
- 1,118 clinics suspected of fraud as SHA collections hit Sh70 billion - Mwangangi
- Detectives comb Kyalo Mbobu’s office for clues to his killing ahead of today's burial
The respondents named in the case are the Attorney General, the Inspector General of Police, the Director of Criminal Investigations, the Office of the Director of Public Prosecutions and the National Police Service.
According to court documents, Mbijiwe was allegedly abducted on June 12, 2021, in Nairobi while en route to Meru County.
He was reportedly last seen in Roysambu, Nairobi, in the company of individuals believed to be officers from the Directorate of Criminal Investigations (DCI), who allegedly whisked him away in unmarked vehicles to unknown destinations.
The application states that at the time of his disappearance, Mbijiwe was driving a vehicle registered to Edward Mwangi Macharia, and that prior to his abduction, he had reported receiving death threats and expressed fears for his life at the Central Police Station.
The petitioners argue that the continued incommunicado detention of Mbijiwe without charge or presentation in court is illegal, irregular and amounts to a gross violation of his rights under the Constitution.
They add that his family and friends have been left in the dark about his whereabouts for over four years.
"The said detention is illegal, irregular and unlawful and cannot be justified in a democratic society that believes in the rule of law and constitutionalism," reads part of the application.
Ondieki is urging the court to order the immediate release or lawful presentation of Mbijiwe in court if any offence has been committed.
The applicants maintain that unless the matter is treated as urgent, Mbijiwe's fundamental rights will continue to be violated.
Top Stories Today
