The High Court in Nairobi has been moved to intervene over the reported disappearance and alleged detention of activist Boniface Mulinge Muteti, with an application seeking orders compelling police to disclose his whereabouts and produce him before court.
The application has been filed by activist Francis Awino, who says he has approached the court in the public interest and on behalf of Muteti, whose whereabouts he says have remained unknown.
Application Seeks Muteti’s Production In Court
In a certificate of urgency dated September 24, 2026, Awino asks the High Court to urgently hear the matter and issue habeas corpus-related orders requiring the authorities to account for Muteti’s whereabouts.
The respondents named in the case are the Inspector-General of the National Police Service, the Director of Criminal Investigations and the Attorney-General, while Muteti is listed as an interested party.
The application asks the court to direct the respondents to produce Muteti’s physical body before court, together with records relating to his alleged arrest, detention, transfer, custody and continued confinement.
Activist Reportedly Became Unreachable
According to the application, Muteti was allegedly arrested on or about September 21, 2026 in circumstances that the applicant says remain unclear.
Awino claims that shortly before communication with Muteti was lost, the activist had been communicating with people within his circle. His telephone subsequently became unreachable, while attempts to establish his whereabouts allegedly proved unsuccessful.
The application states that the circumstances surrounding the loss of communication raised concerns because Muteti had reportedly been involved in activities connected to a planned demonstration.
Planned Protest Cited In Court Papers
The court papers refer to a notification submitted to police on September 16 concerning an intended peaceful demonstration scheduled for September 21.
According to the notification reproduced in the documents, the demonstration was planned to begin at Jevanjee Gardens before proceeding along Moi Avenue and ending at Harambee House, with organisers estimating about 300 participants.
The application further refers to a charge sheet dated September 22 concerning the arrest and processing of other activists in connection with events in Nairobi.
Awino says Muteti does not appear among the persons named in that charge sheet and argues that there is no publicly ascertainable court process accounting for his whereabouts.
Police Asked To Explain Custody
The applicant is asking the court to require the police authorities to disclose all relevant records concerning Muteti, including occurrence book entries, station diary records, arrest and custody records, charge sheets, bond or bail records, warrants and any other documents relied upon to justify his detention.
The application also asks that the respondents establish the legal basis, if any, for Muteti’s continued detention and identify the authority under which he may be held.
Awino maintains that the case is not asking the court to determine Muteti’s guilt or innocence, but to establish whether he has been deprived of his liberty and, if so, under whose authority.
Constitutional Rights Invoked
The application invokes constitutional protections relating to personal freedom and security, the rights of arrested persons and the right to habeas corpus.
The applicant argues that Article 29 protects every person from arbitrary deprivation of liberty, while Article 49 provides protections to arrested persons. The papers also rely on Article 51 concerning the rights of detained persons and Section 389 of the Criminal Procedure Code, which empowers the High Court to order the production of a person who may have been unlawfully or improperly detained.
Awino is asking the court to urgently determine whether Muteti is being lawfully held and, if not, order his release.
The application was dated September 24, 2026, and seeks immediate judicial intervention over what the applicant describes as uncertainty surrounding Muteti’s whereabouts and legal status.
