Court declines to issue arrest warrants in Mwenda Mbijiwe disappearance case
Lawyer Evans Ondieki, representing Mbijiwe's family, accused the State of treating the case with "utter disregard", describing the prolonged proceedings as a "circus".
The High Court has declined to issue warrants of arrest against the Inspector General of Police and the Director of Criminal Investigations over their alleged failure to comply with orders to produce missing security expert Mwenda Mbijiwe, whose disappearance has remained unresolved for four years.
During a mention of the matter, lawyer Evans Ondieki, representing Mbijiwe's family, accused the State of treating the case with "utter disregard", describing the prolonged proceedings as a "circus".
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Ondieki told the court that the family continues to suffer as the authorities have yet to account for Mbijiwe's whereabouts despite previous court directives.
"The subject has been held incommunicado for four years. We were only informed this morning that the ODPP has finally received the file. I urge this court to issue warrants of arrest against the IG to compel compliance with its orders," Ondieki submitted.
He argued that continued inaction by the police demonstrated contempt of court and a lack of seriousness in investigating the disappearance.
The family reiterated that earlier orders requiring the State to produce Mbijiwe - "dead or alive" - have not been honoured, leaving them without closure or information on his fate.
Responding to the submissions, the Office of the Director of Public Prosecutions (ODPP) acknowledged that it had only recently been served with the case file and affirmed its commitment to establishing Mbijiwe's fate.
A representative from the ODPP told the court that the agency was duty-bound to ensure accountability and transparency in handling such sensitive matters, assuring that the file would be reviewed expeditiously.
However, the court declined to issue the arrest warrants sought by the family's lawyer, noting that it would first allow the ODPP time to examine the file and provide a substantive update. The judge ruled that the matter would be mentioned again next week for further directions.
Mbijiwe, a former Kenya Defence Forces (KDF) officer and prominent security analyst, disappeared in June 2021 while travelling from Nairobi to Meru. His vehicle was later found abandoned near Nyeri, but no trace of him has been found since.
His family has consistently accused security agencies of failing to investigate the disappearance thoroughly, alleging State involvement or cover-up.
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