Activist Francis Awino seeks habeas corpus orders requiring police to disclose Muteti’s whereabouts and produce him before court
The High Court in Nairobi has been asked to intervene over the reported disappearance of activist Boniface Mulinge Muteti, with an application seeking orders compelling police to disclose his whereabouts and produce him before court.
The application was filed by fellow activist Francis Awino, who says he has moved to court in the public interest and on behalf of Muteti, whose whereabouts he says have remained unknown.
In a certificate of urgency dated September 24, 2026, Awino is seeking urgent consideration of the matter and habeas corpus-related orders requiring 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.
Police Asked to Produce Muteti
Awino wants 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.
According to the application, Muteti was allegedly arrested on or about September 21, 2026, although the circumstances surrounding his reported arrest remain unclear.
Awino claims Muteti had been communicating with people within his circle shortly before he became unreachable. His telephone subsequently could not be reached, while attempts to establish his whereabouts allegedly proved unsuccessful.
The application says the loss of communication raised concerns because Muteti had reportedly been involved in activities linked to a planned demonstration.
Planned Demonstration Cited
The court papers refer to a notification submitted to police on September 16 concerning a planned peaceful demonstration scheduled for September 21.
According to the notification cited in the application, the demonstration was to begin at Jevanjee Gardens, proceed along Moi Avenue and end at Harambee House, with organisers estimating approximately 300 participants.
The application also refers to a September 22 charge sheet concerning the arrest and processing of other activists in connection with events in Nairobi.
Awino says Muteti does not appear among the people named in that charge sheet and argues that there is no publicly ascertainable court process accounting for his whereabouts.
Police Records Sought
The applicant is asking the court to compel the police to disclose records that would establish whether Muteti was arrested or detained and, if so, the legal basis for his custody.
Among the records sought are Occurrence Book entries, station diary records, arrest and custody records, charge sheets, bond or bail records, warrants and other documents relied upon to justify any detention.
Awino is also asking authorities to identify the person or institution under whose authority Muteti may be held.
The application states that the proceedings are not intended to determine Muteti’s guilt or innocence, but rather 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 liberty and security, the rights of arrested persons and the right to habeas corpus.
Awino relies on Article 29 of the Constitution, which protects individuals from arbitrary deprivation of freedom, as well as Article 49, which provides rights to arrested persons.
The application also invokes Article 51, concerning the rights of detained persons, and Section 389 of the Criminal Procedure Code, under which the High Court may 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 the court finds that he is not, order his release.
The application was dated September 24, 2026, and awaits the court’s directions on the requests for urgent intervention and production of Muteti.
