Kenya Police: Muteti Mulinge Found Alive Lukenya After Disappearance

• Activist Boniface Muteti Mulinge, missing since an alleged arrest at a Nairobi protest on September 21, was found alive and injured in Lukenya, Machakos County, on a Friday morning.
• Mulinge, weak and disoriented, was assisted by a Good Samaritan at a Shell petrol station to contact his brother and was subsequently hospitalized.
• His disappearance prompted a habeas corpus petition at the Milimani Law Courts, filed by Francis Awino, seeking to compel the Kenya Police and DCI to account for his whereabouts.
• The court application named Inspector General Douglas Kanja and DCI Director Mohammed Amin as respondents, requesting disclosure of Mulinge's location and production of arrest records.
• Despite a police report filed on September 23 and prior notification of the protest, Mulinge was not listed on a September 22 charge sheet for other arrested activists, and police issued no immediate public statement on his disappearance or discovery.

While the discovery of Muteti Mulinge found alive in Lukenya provided relief, the specific details of how he ended up in the area and the origin of his injuries are still unclear.

Activist Boniface Muteti Mulinge, who had been missing for several days following an alleged arrest during a protest, has been located alive in Lukenya, Machakos County. Mulinge was reportedly found early on a Friday morning, having been left in the area around 3 AM. Human rights official Hussein Khaled indicated that upon his discovery, Mulinge was in a weakened and disoriented state, and had sustained injuries.

After being left in Lukenya, Mulinge walked a considerable distance before reaching a Shell petrol station. There, a Good Samaritan assisted him in contacting his brother using a phone. Following this contact, he was promptly transported to a hospital to receive necessary medical attention for his injuries.

Mulinge's disappearance dated back to September 21, when he was reportedly apprehended while participating in demonstrations in Nairobi. These protests were organized in response to the ongoing detention of Ugandan opposition figures, including prominent leader Kizza Besigye. Prior to communication ceasing, Mulinge had informed individuals close to him that he had been arrested, after which his phone became unreachable, prompting urgent efforts to ascertain his whereabouts.

The disappearance of Boniface Muteti Mulinge immediately triggered legal action at the Milimani Law Courts in Kenya. An application was filed by Francis Awino, seeking judicial orders to compel the Kenya Police and the Directorate of Criminal Investigations (DCI) to provide an account of Mulinge's location. This petition was grounded in constitutional provisions safeguarding personal liberty and the fundamental right to habeas corpus, underscoring the urgency of the situation.

The application specifically named Inspector General of Police Douglas Kanja and DCI Director Mohammed Amin as respondents. Awino requested the court to mandate the respondents to disclose Mulinge's whereabouts and to produce all relevant records pertaining to his alleged arrest, custody, transfer, release, or processing. These critical documents included Occurrence Book entries, station diary records, custody logs, and detainee registers.

Furthermore, the petitioner sought directions from the court for Mulinge to be produced before the court within 24 hours of the orders being served, or within an alternative timeframe determined by the court. Awino clarified that the application was not intended to obstruct any legitimate investigation or prosecution, but rather to definitively establish whether Mulinge was in police or other custody and to ascertain the legal basis for any such detention. The discovery of Muteti Mulinge found alive in Lukenya provided an update to the Milimani Law Courts Mulinge petition, though many questions remained.

The circumstances surrounding Boniface Muteti Mulinge's alleged arrest and subsequent discovery in Lukenya remain largely unexplained. Organizers of the Nairobi demonstration had formally notified the Kenya Police Service on September 16, providing details regarding the planned date, route, and anticipated attendance. Despite this, Mulinge's alleged arrest occurred during the protest, leading to his disappearance.

Adding to the complexity, Francis Awino cited a charge sheet dated September 22, which listed other activists arrested and processed following incidents along Mama Ngina Street in Nairobi. However, according to the petition, Muteti Mulinge was conspicuously absent from this official list, raising further questions about the nature of his alleged detention. A formal report concerning the Boniface Muteti Mulinge disappearance was subsequently filed with the police on September 23, recorded under OB No. 46.

While the discovery of Muteti Mulinge found alive in Lukenya provided relief, the specific details of how he ended up in the area and the origin of his injuries are still unclear. Notably, there was no immediate public statement from the Kenya police DCI Mulinge regarding the circumstances of his disappearance or his subsequent reappearance, leaving many aspects of the protester alleged arrest Kenya unresolved.

This case highlights the ongoing challenges in ensuring police accountability for alleged arbitrary arrests and detentions in Kenya, even after a habeas corpus application is filed. Lawyers should note the continued necessity of swiftly invoking constitutional protections for personal liberty when clients involved in protests go missing, and be prepared for potential lack of immediate official disclosure regarding such incidents.

Source: Original reporting via Capital News