High Court Judge Martin Muya on Wednesday directed the two senior security officers to present themselves before him on December 16, 2025, at 11:00 am.

“I have considered the application made by both sides and therefore ordered the 2nd and 3rd respondents to appear in court physically on 16th December to explain the whereabouts of Mbijiwe,” Justice Muya ordered.

The court heard that despite four years passing since the abduction, no satisfactory explanation has been provided regarding investigations into Mbijiwe’s disappearance.

Family lawyer Evans Ondieki told the court that Mbijiwe was arrested by police officers along Roysambu Road, and since then, he has neither been found nor pronounced dead.

Ondieki further informed the court that an investigation report submitted to the Director of Public Prosecutions has not indicated whether Mbijiwe was killed or is still alive.

Mbijiwe’s mother told the court that her son is being held incommunicado by the state.

She testified that she has visited several offices in search of her missing son over the past four years.

The DPP, represented by Zachary Omwenga, informed the court that the Office of the Director of Public Prosecutions intends to forward the file to the magistrate’s court for purposes of opening an inquiry.

Omwenga told the court that the report from the DCI has not indicated who abducted Mbijiwe.

The court was informed that Mbijiwe had declared his interest to run for the position of governor in Meru County before his disappearance.

The judge was also told that the people holding Mbijiwe are very powerful leaders in the country.

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Justice Martin Muya issued the ultimatum in Nairobi, warning that he was granting the last adjournment in the matter.

“I have granted the Inspector-General the last adjournment. A comprehensive report on the whereabouts of the subject must be filed within seven days,” Justice Muya directed.

The case was filed by Mbijiwe’s family, who want the court to compel the State to account for his whereabouts, dead or alive.

Their lawyer, Evans Ondieki, accused key investigative and prosecution agencies of treating the matter casually and giving the court conflicting signals.

He told the court that the Inspector-General (IG), the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) had been “shifting goalposts” instead of giving a clear update on what happened to Mbijiwe.

“These three agencies, the IG, the DCI and the DPP – have been shifting goalposts. They are not giving this court correct and candid information about the abduction of Mr Mbijiwe,” Ondieki submitted.

He said that on November 14 2025, a representative from the DPP’s office informed the court that they had received an investigation file from the DCI, but nothing had been disclosed about its contents.

“We were told on November 14 that a file from the DCI is now with the DPP. Up to today, neither the family nor this honourable court has been told what that file contains,” Ondieki added.

Mbijiwe was allegedly abducted four years ago, and his family says they have not received any concrete information about his fate.

“For four years, the family has been in the dark. They do not know whether their son is alive or dead,” Ondieki told the court.

The lawyer pressed the court to consider issuing a warrant of arrest against the IG if no meaningful progress is shown.

“We urge this court to consider issuing a warrant of arrest against the Inspector-General so that he can personally come here and explain what progress, if any, has been made in establishing the whereabouts of Mr Mbijiwe,” he said.

The court also heard that Mbijiwe’s mother has been making long, emotionally draining trips from Meru to attend the court sessions in Nairobi, hoping for answers.

Ondieki said her presence in court underscored the family’s pain and the urgency of the matter.

The case will now return to court on December 3, 2025, when the judge is expected to review the report to be filed by the Inspector-General and decide on the next steps, including whether coercive orders will be issued against top security officials if they are found to be dragging their feet.

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