Njuguna & another v Director of Criminal Investigations, Starehe Sub County & 4 others (Petition E037 of 2026) [2026] KEHC 9243 (KLR) (Constitutional and Human Rights) (30 June 2026) (Ruling) Neutral citation: [2026] KEHC 9243 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) CONSTITUTIONAL AND HUMAN RIGHTS PETITION E037 OF 2026 RE ABURILI, J JUNE 30, 2026 BETWEEN PERIS WAMBUI NJUGUNA ............................................................ 1ST APPLICANT FAITH WAMBUI MAINA ................................................................ 2ND APPLICANT AND THE DIRECTOR OF CRIMINAL INVESTIGATIONS, STAREHE SUB COUNTY ......................................................................................... 1ST RESPONDENT THE INSPECTOR GENERAL OF THE NATIONAL POLICE SERVICE ......................................................................................... 2ND RESPONDENT THE NATIONAL POLICE SERVICE .......................................... 3RD RESPONDENT THE DIRECTOR OF CRIMINAL INVESTIGATIONS ........... 4TH RESPONDENT THE HONOURABLE ATTORNEY GENERAL ........................ 5TH RESPONDENT RULING 1. The application dated 22/6/2026 seeks for an order of Habeas Corpus directed to the respondents requiring them to immediately produce before court Joel Kariuki Mwai and disclose his whereabouts whether he is in the custody of the police or is in detention of any state agency. 2. The said person of Joel Kariuki Mwai was reported missing vide OB no. 24/19/6/2026 at Mathare police station on 19/6/2026 after he was allegedly arrested by persons who were armed and who indicated that they were indeed arresting the now missing person. To date, the missing person has never been presented before any court or made contacts with his family. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9243/eng@2026-06-30 1
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3. Article 49 (1) (f) of the Constitution guarantees every arrested person the right to be brought before a court as soon as reasonably possible but not later than twenty-four hours after being arrested and if the 24 hours ends outside ordinary court hours, or on a day that is not an ordinary court day the end of the next court day. 4. To date, the missing person of Joel Kariuki Mwai who was arrested by armed persons believed to be police officers, has not been presented to any court and his whereabouts are unknown. 5. The right to harbeus corpus is an unlimited right under Article 25 (d) of the Constitution. The respondents were served with the application dated 22/6/2026 but they have not appeared and neither have the police presented Joel Kariuki Mwai before any court of law. 6. The petitioners reasonably believe that the disappearance of Joel Kariuki Mwai after he was driven away in Motor Vehicle Registration No. KBZ 229B and that despite a report being made to Mathare Police Station of the abduction, the police have not communicated with his family on whether they have opened any inquiry file of a missing person, and or that they are investigating the disappearance as reported. 7. The inescapable conclusion that this court can make is an inference that the police are holding the person of Joel Kariuki Mwai in detention which holding is unlawful and in violation of the person’s right to liberty without any justifiable cause. 8. Accordingly, I hereby order that the Inspector General of Police of the National Police Service, who is in command of all the national police service including the Directorate of Criminal Investigations is hereby directed to produce into this court the person of Joel Kariuki Mwai within 12 hours of service upon him or his office, of this ruling. 9. This matter shall be mentioned on 3/7/2026 to confirm compliance with this order. 10. I so order. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 30TH DAY OF JUNE 2026 R.E ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/9243/eng@2026-06-30 2
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