A family has moved to the High Court seeking Government intervention over their son, who has been held in police custody in the Democratic Republic of Congo (DRC) for more than five months without charge.
Mr Gikonyo Macharia’s parents say he has been detained in Kinshasa since early April and that his whereabouts, legal status and detaining authority have not been disclosed.
The petition says Mr Macharia was in contact with his family until the first week of April 2026, when communication stopped. His father, Johnson Macharia Gikonyo, says he was later informed that his son had been detained in the DRC for 140 days by August 24.
The parents say they sought Government help after receiving a call from a man who identified himself as a DRC police officer. According to the petition, the caller said Mr Macharia was in police custody and asked his family’s lawyers to provide a copy of a tenancy agreement for property he owned.
The lawyers then wrote to Foreign Affairs officials on August 27 and September 7, asking the Government to establish why Mr Macharia was being held, secure his release and provide information on steps taken.
The family says they received no substantive response. The detained man’s father says he has cancer and kidney failure requiring regular dialysis and had depended on his son for care. The mother, Pierina Wanjugu, is 79 years old and spent her working life in public service.
The case alleges that Kenya’s Foreign Affairs officials and its embassy in Kinshasa failed to act despite repeated pleas from the family, including demands that they establish Mr Macharia’s whereabouts, the legal basis of his detention and his condition.
The family wants the High Court to establish Mr Macharia’s whereabouts, detention conditions and health, and disclose the legal basis for his detention.
They also want the Kenyan embassy in Kinshasa ordered to seek consular access and visit him, while the Government makes formal representations to the DRC because their kin’s liberty and safety are at risk.
The petition asks Kenya to seek assurances that Mr Macharia will not be subjected to torture or cruel, inhuman or degrading treatment and will receive adequate medical care.
It further seeks his safe return to Kenya. It argues that consular protection remains relevant when a citizen is detained abroad. The parents rely on Article 21 of the Constitution, which requires the State to observe, respect, protect, promote and fulfil rights and freedoms.
The petition describes the rights at stake as “non-derogable.” It names the Cabinet Secretary and Principal Secretary for Foreign Affairs, Kenya’s ambassador to the DRC, the Inspector-General of Police, the Director of Criminal Investigations and the Attorney-General as respondents.
They ask the court to direct the ambassador to secure consular access and legal representation, and police and the DCI to establish the identity of the person who made the August 24 call.
No substantive response from the named Government respondents or DRC authorities has been filed in court.
The family also seeks orders requiring information within 48 hours, diplomatic action within seven days, a consular visit within 72 hours, and an INTERPOL inquiry into the August 24 call within 30 days if granted by the court.
