The High Court has heard emotional testimony from the mother of missing Meru politician Mwenda Mbijiwe, who has been missing for four and a half years, as proceedings in a habeas corpus application continued before Justice Martin Muya.
Jane Gatwiri M’ithinji, Mbijiwe’s mother and co-applicant in the case, told the court she suspects her son may have been in State custody but that authorities have never given the family any information about his whereabouts.
Through the application, filed by Advocate Evans Ondieki on behalf of the family, they want the Attorney General, Inspector General of Police, Directorate of Criminal Investigations (DCI), Office of the Director of Public Prosecutions (ODPP) and the National Police Service compelled to produce Mbijiwe in court, “dead or alive,” or release him if he is being held unlawfully.
According to court documents and Jane’s testimony, Mbijiwe was allegedly abducted on 12 June 2021 around the Roysambu area in Nairobi while travelling to Meru County. At the time, he was driving a vehicle belonging to his friend, Edward Mwangi Macharia.
Jane told the court that before his disappearance, her son had reported that his life was in danger and had made a report at Central Police Station. She also said Mbijiwe had previously faced threats from politicians during his 2017 Meru gubernatorial campaign.
She testified that she last saw her son around May 2021 and learned of his alleged abduction on 12 June 2021 through Macharia, the vehicle owner. She said no government agency has ever formally contacted her regarding investigations into her son’s disappearance.
Jane further told the court that when the family went to Kasarani Police Station to follow up, they were allegedly informed that the file had been “closed by higher authority.” She questioned how authorities could investigate Mbijiwe’s financial accounts while at the same time denying knowledge of his whereabouts.
She also told the court that at one point she met a senior investigations official who allegedly indicated that the file contained “a lot of information” and that what happened to her son could be confirmed if the matter was brought fully before court.
Jane also told the court that former Deputy President Rigathi Gachagua had at one point stated that Mbijiwe was being held by what he termed “untouchable people.” She said the family later sought follow-up at his office, but the matter did not progress after subsequent political events.
In the filed grounds, the applicants allege that Mbijiwe was last seen with individuals believed to be linked to security agencies, some in civilian clothing and using unmarked vehicles. They describe his detention as unconstitutional, illegal and in violation of his fundamental rights.
The application argues that unless the court intervenes urgently, Mbijiwe’s rights to liberty, health and freedom of movement continue to be violated.
During cross-examination, Jane explained that although her son disappeared in 2021, the affidavit supporting the case was only filed in August last year. She said that after using a lot of money in the search for her son, she was financially drained and it was only after well- well-wishers helped her raise legal fees that she was able to move to court.
She maintained that her son was an adult but insisted that as his mother, she has the right to seek the court’s intervention to know whether he is alive and where he is being held.
The matter is scheduled for mention on 18 February, virtually, to confirm whether summons have been served on Edward Mwangi Macharia, who is expected to shed light on the circumstances surrounding the vehicle Mbijiwe was driving on the day he disappeared.
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