The High Court has ruled that there is insufficient evidence to show that missing security analyst and former military officer Mwenda Mbijiwe was in the custody of government agencies when he disappeared in June 2021.

In a judgment delivered by Justice Martin Muya, the court dismissed an application filed by Mbijiwe’s mother, Jane Gatwiri, which sought orders compelling the State to produce her son or explain his whereabouts.

The judge held that while Mbijiwe’s disappearance remains unresolved, the petitioners failed to provide proof that he was being held by police or any other state institution at the time he went missing.

According to the court, reports made by Gatwiri over the years had consistently been treated as those of a missing person rather than an abduction case. Justice Muya noted that no evidence presented before the court established that Mbijiwe had been arrested, detained, or kept under the control of any identifiable state agency.

The court further observed that questions remain regarding the quality and scope of investigations conducted after Mbijiwe vanished. Justice Muya pointed out that it was unclear whether authorities carried out thorough forensic examinations at the location where evidence was recovered or on the vehicle linked to the case.

Despite these concerns, the judge emphasized that the application before the court was specifically seeking a habeas corpus order, and the legal threshold required to prove unlawful detention had not been met.

The ruling marks a major setback for Mbijiwe’s family, which has spent nearly five years seeking answers about his disappearance. His mother had asked the court to direct security agencies to either present him in court or disclose information regarding his fate.

Mwenda Mbijiwe, a former military officer and security expert, disappeared under mysterious circumstances in June 2021. His case has attracted widespread public attention and raised concerns among human rights groups over unresolved disappearances in Kenya.

Although the petition was dismissed, the mystery surrounding Mbijiwe’s whereabouts remains unsolved, with renewed calls for comprehensive investigations to establish what happened to him.