
A petition has been filed at the High Court seeking orders compelling police to account for the whereabouts of activist Boniface Mulinge Muteti, who has reportedly been missing since an alleged arrest in Nairobi.
The High Court in Nairobi has been asked to compel police to produce activist Boniface Mulinge Muteti or explain his whereabouts following reports that he went missing after a protest in the capital.
An urgent application filed at the Milimani Law Courts on Thursday seeks orders in the nature of habeas corpus, requiring authorities to establish whether Muteti is in custody and, if so, produce him before the court.
The application was filed by activist Francis Awino, who has named Inspector-General of Police Douglas Kanja and Director of Criminal Investigations Mohamed Amin as respondents. Awino is asking the court to urgently inquire into Muteti’s whereabouts and establish the legal basis, if any, for his detention.
According to the petition, Muteti was allegedly arrested on or about September 21, 2026, in Nairobi during a demonstration concerning the continued detention of Ugandan opposition leader Kizza Besigye.
The petitioner says Muteti had informed people within his circle that he had been arrested shortly before communication with him stopped. His phone subsequently became unreachable, prompting efforts by his family, friends and fellow activists to establish his whereabouts.
The petition further states that a written notification of the planned demonstration had been delivered to the Kenya Police Service on September 16, outlining the proposed date, route and expected attendance.
Awino has also referred to a September 22 charge sheet relating to the arrest and processing of other activists in connection with events along Mama Ngina Street. According to the petition, Muteti is not listed among those named in the charge sheet, a point the applicant says raises further questions about his whereabouts and legal status.
A report concerning Muteti’s disappearance was subsequently made to police on September 23 under Occurrence Book number 46, according to the court papers.
The application seeks records that could establish what happened to Muteti, including relevant Occurrence Book entries, station diary entries, custody records and detainee registers. It also asks authorities to produce any warrant, detention order, committal warrant or other document relied upon to justify his arrest or continued detention.
The petitioner is further asking the respondents to disclose Muteti’s current whereabouts and provide information on when, where and under whose authority he was allegedly arrested or detained.
The court action follows efforts by Muteti’s family and fellow activists to trace him through several police stations. His brother, Alex Ndambuki, said the family had visited Kamukunji, Pangani and Central police stations, among other locations, without establishing where Muteti was being held.
According to the family and fellow activists, Muteti had been in Nairobi’s Central Business District with others preparing to demonstrate in support of Besigye’s release. They say he left the group to print a petition and statement at a cybercafe but did not return.
Activists have alleged that Muteti was taken away by people they believed were security officers. Those claims have not been established by a court, and the current petition is seeking to determine whether he was arrested or detained and, if so, by which authority and under what legal basis.
The case also follows Muteti’s previous involvement in demonstrations. In July, he said he had been abducted and assaulted during the Saba Saba demonstrations in Nairobi, alleging that he was bundled into the boot of a vehicle, beaten and threatened before being taken to Central Police Station. Those allegations were his account of the incident.
Muteti was also among activists arrested during demonstrations in July and August, with previous cases involving allegations of obstructing traffic. The activists denied the allegations and were subsequently released on bail or bond.
The latest application asks the court to certify the matter as urgent and issue directions requiring Muteti to be produced before the court within 24 hours of service, or within such shorter period as the court may direct.
As the court considers the application, Muteti’s family and fellow activists continue to seek information about his whereabouts. The circumstances surrounding his disappearance, including whether he is in official custody, remain subject to determination by the court.