The High Court has dismissed a petition filed by the family of missing security analyst Mwenda Mbijiwe, ruling that there was insufficient evidence to establish that he was in the custody or control of state agencies at the time of his disappearance.
In its judgment, the court held that while the petitioners had shown that Mbijiwe was arrested by police officers before he went missing in 2021, they failed to prove that he remained in the custody of any of the respondents thereafter.
The judge noted that it was the responsibility of the petitioners to place before the court credible and convincing evidence demonstrating that Mbijiwe was under the legal custody or control of the respondents. However, the evidence presented fell short of meeting that threshold.
The court heard that Mbijiwe’s mother was not present when her son disappeared and was in Meru at the time. Her testimony was based on information she received from Edward Mwangi Macharia, the owner of a vehicle hired by Mbijiwe before he vanished.
According to the judgment, Macharia allegedly informed Mbijiwe’s mother that her son had been kidnapped. However, despite being summoned by the court to testify, Macharia failed to appear and did not provide evidence in support of the petition.
The judge observed that the only direct testimony before the court came from Mbijiwe’s mother, who was not an eyewitness to the events surrounding his disappearance. As a result, there was no evidence directly linking any of the respondents to his alleged detention or disappearance.
The court also questioned the adequacy of investigations carried out in the matter, noting that it remained unclear whether meaningful inquiries had been conducted at the location where the vehicle hired by Mbijiwe was later recovered.
Further, the judge expressed concern over delays in pursuing critical investigative leads, including applications for Mbijiwe’s call data records, which were only made several years after he disappeared.
While acknowledging that certain investigative steps were undertaken in 2025, the court noted that they came nearly five years after Mbijiwe vanished and described the investigations presented before it as lacking substance.
The judge further observed that no substantive application had been filed seeking court directions on additional investigations that could assist in establishing Mbijiwe’s whereabouts.
Consequently, the petition was dismissed, marking a significant setback for Mbijiwe’s family in their efforts to hold state agencies accountable for his disappearance.
Mbijiwe disappeared in 2021 under circumstances that remain unresolved. His family has consistently maintained that he was abducted following an encounter with law enforcement officers, but despite years of investigations and court proceedings, his whereabouts remain unknown.
