A High Court judge on Tuesday issued a sharp warning to parties involved in the long-running case surrounding the disappearance of security analyst Mwenda Mbijiwe, after the country’s top police bosses failed to personally appear in court despite being summoned.
Justice Martin Muya expressed displeasure after Inspector General of Police Douglas Kanja and Director of Criminal Investigations Mohamed Amin did not attend court to explain what is known about Mbijiwe’s whereabouts, nearly four years after he was allegedly abducted.
Instead, the two senior officers were represented by advocate Paul Nyamodi and an investigating officer, a move that prompted objections from Mbijiwe’s family.
Through her lawyers, Mbijiwe’s mother urged the court to issue warrants of arrest against Kanja and Amin for defying court orders requiring their personal attendance.
Nyamodi opposed the request, arguing that his clients had not been served with the summons. He further told the court that the investigating officer was best placed to give an update on the status of the investigations.
“I took time at the beginning to explain that the investigating officer is present and that the court made directions for the two senior officers without having had an opportunity to hear the status of the investigations,” Nyamodi submitted.
The lawyer also claimed that, according to the investigating officer’s account, Mbijiwe’s mother had not reported her son missing or recorded a statement with the police, opting instead to move directly to court.
However, under probing by Justice Muya, the investigating officer clarified that Mbijiwe’s mother had not declined to record a statement. He told the court that a missing persons report had in fact been made first by Mbijiwe’s wife at Lang’ata Police Station, and later in 2021 by his stepmother.
Lawyers for the family dismissed attempts to split hairs over who made the report, insisting that what mattered was that the disappearance had been formally reported and remained unresolved.
Visibly unimpressed by the exchanges, Justice Muya cautioned all parties to stop engaging in procedural manoeuvres that could derail the search for truth.
𝘑𝘶𝘴𝘵𝘪𝘤𝘦 𝘔𝘢𝘳𝘵𝘪𝘯 𝘔𝘶𝘺𝘢
“Let’s not play games,” the judge warned, underscoring the gravity of the case and the need for transparency and cooperation from all sides.
The court directed parties to file and serve all relevant documents and ordered them to return on January 23 next year, as the High Court continues to press for accountability and answers over Mbijiwe’s fate.
