Court faults police bosses over no-show in Mwenda Mbijiwe disappearance case

Court faults police bosses over no-show in Mwenda Mbijiwe disappearance case

Inspector General of Police Douglas Kanja and Director of Criminal Investigations Mohamed Amin did not personally attend court to explain the status of investigations into Mbijiwe’s disappearance, now in its fourth year.

A High Court judge has criticised procedural manoeuvring in the protracted case surrounding the disappearance of security analyst Mwenda Mbijiwe, after the country’s top police commanders failed to appear in court as ordered.

Justice Martin Muya expressed his displeasure on Tuesday when Inspector General of Police Douglas Kanja and Director of Criminal Investigations Mohamed Amin did not personally attend court to explain the status of investigations into Mbijiwe’s disappearance, now in its fourth year.

The two instead sent legal counsel and an investigating officer, triggering protests from Mbijiwe’s family.

The judge’s warning came as Mbijiwe’s mother, who petitioned the court, sought warrants of arrest against the two police chiefs for allegedly defying summonses requiring their personal attendance.

Through her lawyers, she argued that the absence of the senior officers undermined accountability in a case of immense public interest.

However, lawyer Paul Nyamodi, representing the Inspector General and the DCI, opposed the application, insisting his clients had not been properly served with court orders.

He urged the court to hear from the investigating officer, whom he said was better placed to update the court on the case's progress.

Nyamodi further told the court that police records showed Mbijiwe’s mother had not filed a missing persons report or recorded a statement with investigators, choosing instead to pursue legal action.

That assertion was partly undercut during questioning by Justice Muya, when the investigating officer clarified that Mbijiwe’s family had not refused to cooperate.

He confirmed that a missing persons report was initially filed by Mbijiwe’s wife at Lang’ata Police Station, with a subsequent report recorded by his stepmother in 2021.

Lawyers for Mbijiwe’s family dismissed efforts to shift focus to who filed the reports, maintaining that the existence of a missing persons report was undisputed and irrelevant to the unresolved question of Mbijiwe’s whereabouts.

Justice Muya cautioned all parties against procedural theatrics, stressing the gravity of the case and the need for candour.

“This is not a matter for games,” the judge said, urging cooperation as the court continues its search for the truth.

The court directed all parties to file and exchange outstanding documents ahead of the next hearing, scheduled for January 23, as it intensifies scrutiny over the fate of the missing analyst.

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