Court Asked to Order Police to Produce Missing Activist Mulinge Muteti

Activist Francis Awino has filed an urgent application in the High Court in Nairobi seeking a order of habeas corpus to compel top security officials to produce missing activist Boniface Mulinge Muteti or explain where he is being held.

The petition names the Inspector-General of Police, the Director of Criminal Investigations (DCI), and the Attorney-General as respondents, with Muteti listed as an interested party.

In the application dated September 24, 2026, Awino asks the court to direct the authorities to produce Muteti’s “physical body” and disclose official records detailing when, where, and under whose authorization security officers arrested and detained him.

The application requests that the court order police to present all relevant documentation, including:

• Arrest records, Occurrence Book (OB) entries, and station diaries
• Custody logs and charge sheets
• Warrants, alongside any bond or bail records connected to Muteti

Court documents indicate that Muteti was allegedly arrested or abducted on or about September 21, 2026, under unclear circumstances. Awino noted that Muteti was in active communication with associates before going silent, sparking serious concern over his safety.

Planned Nairobi March Linked to Activist’s Disappearance

Awino links the disappearance to a planned Nairobi demonstration for which organizers formally notified the police on September 16. The proposed march was scheduled to start at Jevanjee Gardens, proceed along Moi Avenue, and culminate at Harambee House, with an estimated turnout of 300 participants.

The application highlights a September 22 charge sheet processed for other activists arrested during recent protests in Nairobi, pointing out that Muteti’s name was notably absent from the list of charged individuals. Awino argues that no lawful court process accounts for Muteti’s ongoing detention.

“The applicant seeks to establish whether the interested party has been deprived of his liberty and, if so, under whose authority,” the court documents state.

Invoking Articles 29, 49, and 51 of the Constitution, which guarantee freedom and security of the person, rights of arrested persons, and rights of detained individuals, Awino stresses that any restriction of personal liberty must have a clear legal justification.

The filing further relies on Section 389 of the Criminal Procedure Code, which grants the High Court jurisdiction to examine claims of unlawful detention and order the immediate production of detained citizens.

Awino clarified that the application does not aim to evaluate Muteti’s guilt or innocence regarding any potential offense but rather seeks to locate him and confirm the legality of his detention. He is urging the court to hear the matter urgently and order Muteti’s immediate release if authorities are holding him unlawfully.

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