Victor Elvis Mugambi
Mwenda Mbijiwe, a Kenyan security analyst and former Kenya Air Force officer, disappeared in June 2021 near Roysambu in Nairobi. His family alleged abduction by men believed to be police officers after he reported death threats prior to his disappearance. Despite public concern and ongoing calls for answers, the Milimani High Court has dismissed a petition by Mbijiwe's family, asserting that no credible evidence shows he was in police or government custody at the time of his disappearance.
Kenyan Court Finds No Evidence Linking State to Disappearance of Mwenda Mbijiwe
In the ruling delivered this week, Justice Martin Muya stated that the court found no substantial proof of Mbijiwe being held illegally by authorities. The court emphasized that merely documenting his disappearance does not meet the legal threshold for habeas corpus, which requires showing he was unlawfully in custody. The judgment also criticized the police for their "one-dimensional" investigation, which lacked forensic analysis and timely call data retrieval.
The case has been a high-profile concern for nearly five years, reflecting ongoing frustrations about unresolved disappearances and police accountability in Kenya. The court's decision came after emotional hearings, including a moment where Mbijiwe's mother, Jane Gatwiri, wept in court, highlighting the personal and societal impacts of such cases.
Mbijiwe was last seen on June 12, 2021, on his way to Meru, and his family maintains he was abducted by civilians. His mobile phone, which was in his possession, is now used by the wife of a senior security officer, adding complexity to the case. Previously, the police testified there was "no cover-up" and denied claims that Mbijiwe had been killed and his body disposed of.
As the court dismissed the petition, the case's closure underscores the challenges faced in addressing enforced disappearances in Kenya. While the family and advocates continue to seek justice and transparency, the judicial ruling highlights the difficulties in proving state involvement without concrete evidence, emphasizing the need for more effective investigations and accountability in such cases.
