A judge has barred police from arresting IT expert and online commentator Ndiang’ui Kinyagia, who resurfaced in court on Thursday after going missing for 13 days.
Justice Chacha Mwita, however, said the police investigators were free to record his statement on the circumstances surrounding his disappearance.
“Police shall not arrest him since he is now a petitioner and may be required to testify in court. If necessary, he can be presented to the DCI to record a statement, but he should not be arrested or detained,” said the judge.
Blogger Ndiangui Kinyagia arrives in court accompanied by his lawyers
Justice Mwita issued the directions in a ‘habeas corpus’ petition filed by the Law Society of Kenya (LSK) last week after Mr Kinyagia went missing. The judge adjourned the proceedings after Mr Kinyagia’s family raised concerns about his health status, informing the court that he needed medical attention.
The family pleaded with the court to adjourn the proceedings to grant Mr Kinyagia time to recompose and seek medical attention.
Mr Kinyagia went missing on June 21, 2025 following an alleged raid at his residence in Kinoo, Kiambu County, by police officers believed to be from the Directorate of Criminal Investigations (DCI), over links to the Gen Z protests.
The events leading up to the reported raid, his disappearance and his resurfacing remain a mystery. He resurfaced at the Milimani law courts with his family lawyers on Thursday morning, the day DCI Director Mohammed Amin was scheduled to address court on the alleged disappearance and abduction. The DCI boss would have also been questioned by the LSK lawyers about the matter.
“Kinyagia looks and appears very traumatised. He has expressed deep fear for his life. I request this court to give the family and myself some time to talk to him in confidence and privacy. Anytime from next week, we request to come back so that we are able to offer help to the court,” said Mr Kibe Mungai, the family’s lawyer.
Mr Amin was also present in the courtroom and through State counsel Emmanuel Bitta, he had already informed the judge that he was keen to address the court. This, Mr Bitta said, was because the “DCI has not been treated fairly” in the case of Mr Kinyagia’s alleged disappearance.
“The DCI director would wish to be given the opportunity to address the court on behalf of the DCI because he feels they have not been treated fairly in regard to this court and they need the opportunity to be heard as regards all the issues raised. He wants to be heard because DCI has not been treated fairly,” said Mr Bitta.
Mr Amin presented himself in court in compliance with a court order issued by the judge on Tuesday over the alleged abduction. The DCI was linked to the alleged abduction and disappearance because the last persons to be seen with Mr Kinyagia were DCI officers after they stormed his house.
At the same time, lawyer Wahome Thuku for the family denied that Mr Kinyagia’s disappearance was a case of self-abduction.
“The DCI has confirmed in court that they went to his house twice at 2pm and 11pm and broke in. Anyone alleging that this was a case of self-abduction should explain whether the DCI breaking into his house was part of that self-abduction,” he said.
