ADVERT 
ADVERTA petition has been filed at the Milimani Law Courts seeking urgent judicial intervention over the reported disappearance of activist Boniface Mulinge Muteti, amid claims that he was arrested during a demonstration in Nairobi.
The petition, filed by Francis Awino, names Inspector General of Police Douglas Kanja and Director of Criminal Investigations Mohammed Amin as respondents and seeks orders compelling the security agencies to disclose Muteti’s whereabouts and, if he is in custody, produce him before the court.
The application invokes constitutional protections relating to personal liberty and the right to habeas corpus, asking the court to establish whether Muteti is being held by police, investigators, in remand custody or by any other authority and, if so, the legal basis for his detention.
According to the petition, Muteti was allegedly arrested on or about September 21, 2026, in Nairobi during a public demonstration concerning the continued detention of Ugandan opposition figure Kizza Besigye.
The petitioner says Muteti communicated to people within his circle that he had been arrested, after which his phone became unreachable and efforts to establish his whereabouts were unsuccessful.
ADVERTThe court filing further states that organisers had notified the Kenya Police Service on September 16 of the planned demonstration, including its proposed date, route and expected attendance.
Awino has also referred to a charge sheet dated September 22 concerning the arrest and processing of other activists following events along Mama Ngina Street. Muteti, however, is reportedly not among those listed in that charge sheet.
Concern over his whereabouts escalated on September 23 when a disappearance report was allegedly made at a police station under Occurrence Book number 46, according to the petition.
The applicant wants Kanja and Amin, either personally or through authorised representatives, to present before the court any warrant, detention order, committal warrant or other legal document relied upon to justify Muteti’s arrest or continued detention.
The petition also seeks access to records that could establish what happened to the activist after his alleged arrest, including relevant Occurrence Book entries, station diary records, custody documentation, detainee registers and records of any transfer, release or processing.
Awino argues that the application is not intended to obstruct any legitimate investigation or prosecution. Rather, he says, its purpose is to establish whether Muteti is in custody and, if so, ensure that his detention is founded on lawful authority.
The court has been asked to certify the matter as urgent and issue orders in the nature of habeas corpus, requiring Muteti to be produced before the court within 24 hours of service or within such shorter period as the court may determine.
The petition places renewed focus on the constitutional safeguards surrounding arrest and detention, particularly the requirement that a person deprived of liberty remains subject to the protection of the law.
However, the allegations contained in the petition remain subject to determination by the court. The filing itself does not establish that Muteti was abducted, unlawfully detained or harmed, nor does it conclusively establish his present whereabouts.
The case now puts the responsibility on the respondents to account for what, if anything, happened to Muteti following his alleged arrest and whether any continued detention is supported by lawful documentation.
At the centre of the proceedings is a straightforward but consequential question: where is Boniface Mulinge Muteti, and under whose lawful authority is he being held?
