No evidence that Mwenda Mbijiwe went missing in state custody - Court

In its judgment, the court held that it was the duty of the petitioners to demonstrate, through convincing evidence, that Mbijiwe was under the legal custody or control of the respondents.

The judge noted that while the family had established that Mbijiwe was arrested by police officers before he went missing, they failed to prove that he remained in the custody of the respondents thereafter.

The court heard that Mbijiwe's mother was in Meru at the time of the disappearance and was not an eyewitness to the events surrounding her son's disappearance. Her testimony was based on information she received from Edward Mwangi Macharia, the person from whom Mbijiwe had hired a motor vehicle.

According to the court, Macharia allegedly informed Mbijiwe's mother that her son had been kidnapped. However, despite the court issuing summons requiring Macharia to appear and testify, he failed to attend court and did not present evidence on behalf of the petitioners.

The judge observed that the only direct evidence before the court was that of Mbijiwe's mother, who was not present at the scene when her son disappeared. Consequently, there was no evidence linking any of the respondents to Mbijiwe's alleged detention or disappearance.

The court further questioned the adequacy of investigations conducted in the matter, noting that it was unclear whether meaningful inquiries had been undertaken at the location where the vehicle hired by Mbijiwe was later recovered.

The judge also expressed concern over the delay in pursuing crucial investigative leads, noting that applications seeking Mbijiwe's call data records were only made several years after his disappearance. The court observed that although various investigative activities were undertaken in 2025, they came nearly five years after Mbijiwe vanished.

"What value can investigations yield after a duration of five years following Mbijiwe's disappearance?" the court posed, adding that the investigations presented before it were "wanting in substance."

The court also noted that no substantive application had been made seeking directions from the court regarding further investigations in the matter.

As a result, the petition was dismissed, dealing a major setback to efforts by Mbijiwe's family to hold state agencies accountable for his disappearance.

Mbijiwe disappeared in June 2021 under circumstances that have remained unclear, with his family maintaining that he was abducted after an encounter with law enforcement officers. Despite years of investigations and court proceedings, his whereabouts remain unknown.