A judge has declined to issue a warrant of arrest against Inspector General of Police (IGP) Douglas Kanja for failing to produce in court security analyst Mwenda Mbijiwe, who disappeared four years ago.
However, the Milimani High Court judge directed the IG to appear in person on December 3, 2025, to explain the whereabouts of Mbijiwe.
In issuing the order, the judge noted that the IG, the Directorate of Criminal Investigations (DCI), and the Director of Public Prosecutions (DPP) have repeatedly failed to comply with directives requiring them to present Mbijiwe in court dead or alive.
Two weeks ago, Justice Martin Muya had also ordered the IG and the DPP to produce the former Kenya Air Force officer, but the directive went unheeded.
When the matter came up on November 19, 2025, the DPP, through a prosecuting counsel, requested more time to review the investigation file forwarded by the DCI. The counsel informed the court that the DPP would respond after examining the material.
The judge heard that the file was sent to the DPP following a letter by prosecuting counsel DK Chebii, who sought clarification from the DCI on investigations relating to Mbijiwe. The letter read in part: “Kindly appraise us whether there are active investigations in connection with the issues regarding Mwenda Mbijiwe.”
Mr Chebii, writing on behalf of the DPP, informed the DCI that the High Court—seized of the matter—required this information before issuing any adverse orders.
The family’s lawyer Evans Ondieki applied for a warrant of arrest to compel the IG and DCI to appear in court and explain Mbijiwe’s whereabouts. The DPP opposed the request and again sought additional time.
Mbijiwe’s mother Jane Gatwiri M’Ithinji, who filed the case seeking orders compelling the State to produce her son, said the family has endured years of trauma and emotional suffering. She told the court that police have remained silent regarding the disappearance.
The former Kenya Air Force pilot was allegedly abducted on June 12, 2021, in Nairobi while travelling to Meru.
Mr Mbijiwe had earlier expressed fears for his life and reported death threats at Central Police Station, where he was issued OB number 75/16/06/2021.
“Before the unconstitutional, illegal, and surreptitious abduction and forceful detention, Mbijiwe had reported death threats on his life,” Ms M’Ithinji said in her pleadings.
She added: “I have undergone psychological and emotional torture for the last four years since my son was allegedly kidnapped by unknown people around Roysambu, Nairobi County.”
“We have looked for my son at every police station, hospital, prison, and mortuary in vain. My last hope is this court,” she said in her affidavit.
Ms M’Ithinji and Mbijiwe’s brother Mwendwa, have named Attorney-General Dorcus Oduor, the IG, DCI, DPP, and National Police Service (NPS) as respondents.
Mbijiwe was reportedly driving a vehicle belonging to Edward Mwangi Macharia when DCI officers in civilian clothes intercepted him in Roysambu.
