NAIROBI, Kenya – A petition has been filed at the Milimani Law Courts seeking orders compelling Inspector General of Police Douglas Kanja and Director of Criminal Investigations Mohammed Amin to account for the whereabouts of activist Boniface Mulinge Muteti, who is reported to have gone missing after an alleged arrest during protests.
The petition, filed by Francis Awino, asks the court to urgently establish whether Muteti is being held in custody and, if so, order authorities to produce him before the court.
The application invokes constitutional protections on personal liberty and the right to habeas corpus, which allows a court to require authorities to produce a detained person and justify the detention.
Muteti Reportedly Went Missing After Protest
According to the petition, Muteti was allegedly arrested on or about September 21, 2026, in Nairobi during a demonstration calling for the release of Ugandan opposition leader Kizza Besigye.
The petitioner says Muteti informed people in his circle that he had been arrested shortly before communication with him stopped.
His phone subsequently became unreachable, while attempts to establish his whereabouts were unsuccessful, according to the court papers.
The circumstances surrounding the alleged arrest and Muteti’s current whereabouts remain subject to determination by the court.
Petitioner Cites Notice of Demonstration
Awino’s petition states that written notification of the planned demonstration had been delivered to the Kenya Police Service on September 16.
The notification reportedly set out details including the proposed date, route and expected attendance.
The petitioner also refers to a September 22 charge sheet concerning the arrest and processing of other activists over events along Mama Ngina Street in Nairobi.
According to the petition, however, Muteti is not among those named in that charge sheet.
Police Report Filed Over Disappearance
The petition states that a report concerning Muteti’s disappearance was subsequently made to police on September 23 under OB No. 46.
Awino is asking Kanja and Amin to appear before the court, either personally or through authorised representatives, and provide any documents relied upon to justify Muteti’s arrest or continued detention.
These include any warrant of arrest, detention order, committal warrant or other custody document, according to the application.
Petition Seeks Police Custody Records
The petitioner is also seeking disclosure of records that could establish what happened to Muteti after his alleged arrest.
The requested documents include relevant Occurrence Book entries, station diary entries, custody records and detainee registers, as well as records relating to any arrest, transfer, release or processing.
Awino says the application is not intended to interfere with any lawful investigation or prosecution.
Instead, he wants the court to establish whether Muteti is being held by police, investigators, prison or remand authorities, or in any other form of custody, and to determine the legal basis for such detention.
Court Asked to Order Muteti Produced
The application asks the court to certify the matter as urgent and issue directions in the nature of habeas corpus.
Awino wants an order requiring Muteti to be produced before the court within 24 hours of service, or within any shorter period the court may direct.
