The State has opposed a habeas corpus application seeking the production of missing man Abdiaziz Duba Molu, arguing before the High Court that ongoing investigations indicate he was allegedly abducted by unknown individuals and is not in police custody.
Appearing for the Inspector General of Police, lawyer Thande Kuria told the court that investigations began after a missing person report was lodged at Juja Farm Police Station on June 24, 2026, by Abdiaziz’s brother, Ramadhan Duba Molu.
Kuria said the investigating officer’s affidavit shows that Abdiaziz had entered into a land purchase agreement with Boniface Ndirangu Kariuki for a 30-by-80-foot parcel in Juja Farm. According to the affidavit, the agreed purchase price was KSh4.55 million, of which KSh4.05 million had allegedly been paid to Boniface’s wife.
The court heard that on June 23, 2026, Abdiaziz visited the land in the company of five other people aboard a Mazda CX-5, registration number KDX 438T. The occupants included Boniface ndirangu Kariuki, architect Samson Chege, Bakari Hemedi Kemani, Douglas Muchiri Wambugu and a man identified as Fino alias Njuguna.
According to Kuria, witness statements indicate the group was at the site so that an architect could take measurements for the construction of a precast perimeter fence. He added that an independent neighbour, Christopher Kariuki Mwaura, confirmed seeing the six men at the property and verified that the land belonged to Boniface.
The State further told the court that statements recorded from the occupants of the vehicle indicate they were intercepted by another vehicle carrying several individuals, some of whom had concealed their faces while others appeared to be dressed in police uniforms.
“The witnesses stated that Abdiaziz was singled out, forced into the other vehicle and driven away to an unknown destination,” Kuria submitted.
He further told the court that investigators had established that no police operation targeting Abddaziz had been conducted within the jurisdiction of Juja Farm or Juja police stations on the day he disappeared. Kuria said Boniface Kariuki had since become a person of interest in the investigations, prompting detectives to obtain custodial orders from the Thika Chief Magistrate’s Court to detain him for ten days to facilitate investigations into the alleged abduction.
He said the matter is scheduled for mention on July 7, 2026.
The State urged the court to dismiss the habeas corpus application, arguing that the legal threshold had not been met because there was no evidence that Abdiaziz was being held by the police or any State agency.
Kuria asked the court to allow investigators to continue with the ongoing probe and, if necessary, direct the investigating officer to provide periodic updates on its progress.
However, lawyer Noordeen Khagai, appearing for Abdiaziz’s family, faulted the State’s response, arguing that it had failed to comply with the court’s orders requiring security agencies to account for the missing man’s whereabouts. Khagai told the court that although the State claimed Abdiaziz was not being held at any police station in Juja or Kiambu, it had failed to produce Occurrence Book (OB) extracts from the relevant stations to support that assertion.
He further argued that while the State maintained investigations were ongoing, it had not filed any investigation report detailing the progress made since the missing person report was recorded. Khagai maintained that the affidavit sworn by Abdiaziz’s brother clearly explains the circumstances under which the missing man was allegedly taken away and insisted the family still believes he is in police custody.
He also challenged the evidentiary value of the State’s replying affidavit, saying it contained no annexures to substantiate the claims made by the respondents.
The High Court is expected to determine whether the habeas corpus application should proceed or whether detectives should be allowed additional time to conclude investigations into Abdiaziz Duba Molu’s disappearance.
