The body of Martin Nzyuko Mwau, the second of three men who disappeared in Mlolongo in December 2024, has been found in City Mortuary, following the earlier identification of Justus Mutumwa Mwau’s body at the same facility.
The whereabouts of the third missing person, Kalani Muema, remain unknown.
Makueni Senator Dan Maanzo, who also serves as the legal representative for the Mwau family, confirmed that the body was discovered in Ruai before being transferred to City Mortuary in Nairobi.
Maanzo announced the discovery of Mwau’s body shortly after attending a court session where the Director of Criminal Investigations (DCI) Mohamed Amin and the Inspector General of Police Douglas Kanja appeared in person.
“Petitioner number one Musyimi has been found and his body is in the city mortuary. A quick check of fingerprints has confirmed that it is him and he is the petitioner in this matter. This information has come to us while the proceedings were going on in court, and I would like to say that the issue of habeas corpus in relation to police, the police were specific that these people were not in their custody and they were not arrested by themselves,” Maanzo said while speaking to the media outside Milimani Law Courts on Thursday, January 30, 2025.
“So it is also upon and it’s the requirement of the law for the police also to investigate and find who then abducted these people and killed them. But responsibility solely rests with the police, and although the police today have said that information is not forthcoming to them, I will also like to ask the public that whoever has information into all the missing people, it is also good to pass it to the police,” Maanzo stated.
Adding that; “But the families of these abducted people and the deceased have also said that when they went to police they were given a very difficult time by the investigators. So the story which was brought to court is not the real story, although they have confirmed that they don’t have the bodies or the persons as police. But there must be other state actors or other agents or criminals, but the responsibility solely lies with the police.”
The Makueni senator further defended the Law Society of Kenya (LSK) against criticism from authorities for standing firm on the issue of abductions.
“The case of abductions has become a very serious public matter. I want to defend the Law Society, it has been accused of being busybodies,” he said.
Amin, Kanja in court
Earlier in court, DCI boss Mohamed Amin and Police IG Douglas Kanja gave their statements regarding the missing Mlolongo three.
Their court appearance followed multiple summons related to the abductions of the three men from Mlolongo, Machakos County.
Previously, the court had ordered the two senior police officers to appear in person to explain the whereabouts of Justus Mutumwa, Martin Mwau, and Karani Muema, who disappeared on December 16, 2024.
Despite earlier failures to attend court sessions, both Kanja and Amin complied with the court’s directive on Thursday.
In his submission before the court, the DCI boss maintained that the three missing persons were not in police custody and, as such, the authorities could not produce their bodies or bring them before the court as required by law.
“I wish to state, my lord, that the missing persons are not under the custody of the National Police Service. We have not arrested and they are not under our custody. Under the circumstances, my lord, we can neither produce their bodies pursuant to the right of habeas corpus nor can we formally prefer any charges against them in view of the fact that they are not under our custody, my lord,” Amin told the court.
“The constitution, my lord, is very clear: any persons arrested by officers of the National Police Service must be availed before a court of competent jurisdiction within 24 hours. And we are very much alive to that provision of the constitution, my lord,” the DCI boss added.
The case has intensified scrutiny on the Kenyan police force, as families of the missing persons and civil rights groups demand accountability and justice.
The mysterious disappearances and the subsequent discovery of bodies have raised concerns over extrajudicial killings and enforced disappearances in the country.
