The State has urged the High Court to dismiss a habeas corpus application seeking the production of missing businessman Abdiaziz Duba Molu alias Zizou arguing that investigations indicate unknown individuals abducted him and is not being held by the police.
Appearing for the Inspector General of Police, lawyer Thande Kuria told the court that detectives had found no evidence linking any police unit to Abdiaziz’s disappearance and asked the court to allow investigations to continue.
“The witnesses stated that Zizou was singled out, forced into the other vehicle and driven away to an unknown destination,” Kuria submitted.
According to the State, Zizou disappeared on June 23, 2026, after travelling to Juja Farm to inspect a parcel of land he was in the process of buying.
Investigators said he had entered into a sale agreement with Boniface Ndirangu Kariuki for a 30-by-80-foot plot valued at Sh4.55 million, with Sh4.05 million allegedly already paid to Boniface’s wife.
The court heard that Zizou was accompanied by five people, including the seller, an architect and three associates, to take measurements ahead of constructing a precast perimeter wall.
An independent neighbour is also said to have confirmed seeing the group at the property.
Kuria told the court that statements recorded from those present indicated their vehicle was intercepted by another vehicle carrying several men, some with concealed faces and others appearing to wear police uniforms.
Zizou was allegedly separated from the group and driven away.
Despite reports that some of the suspects wore police uniforms, Kuria said investigations established that no police operation involving Zizou had been conducted within the jurisdictions of Juja Farm or Juja police stations on the day he disappeared.
“The threshold for habeas corpus has not been met because there is no evidence that the missing person is being held by the police or any State agency,” Kuria argued, urging the court to allow detectives to continue with investigations and provide periodic updates if required.
The State also disclosed that Boniface Kariuki has become a person of interest in the investigation.
Detectives obtained orders from the Thika Chief Magistrate’s Court to detain him for 10 days as investigations continue. The case is scheduled for mention on July 7.
However, the application was strongly opposed by lawyer Noordeen Khagai, representing Zizou’s family, who argued that the State had failed to comply with court orders requiring security agencies to account for the missing businessman.
Khagai criticised the police for failing to produce Occurrence Book (OB) extracts from the relevant police stations to support their claim that Abdiaziz had never been detained. He also argued that investigators had not filed a progress report despite maintaining that investigations were ongoing.
He further told the court that the State’s replying affidavit was not supported by documentary evidence, insisting that the family still believes Zizou is being held in police custody.
His disappearance has caused days of protests in the Huruma area where he was popular.
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