A judge has ordered Inspector-General of Police Douglas Kanja and Director of Criminal Investigations (DCI) Mohammed Amin to produce in court online commentator and IT expert Ndiang’ui Kinyagia.
Mr Kinyagia has been missing since June 21, 2025, following an alleged police raid at his residence in Kinoo, Kiambu County over links to Gen-Z protests.
In default, Justice Chacha Mwita directed that both the IG and the DCI appear in person before the court on Tuesday to explain the whereabouts of Mr Kinyagia and why he has not been arraigned.
The judge issued the orders following a habeas corpus application filed by the Law Society of Kenya (LSK) even as the State claimed investigations into Mr Kinyagia’s disappearance allegedly involving individuals believed to be police officers are ongoing.
“I have taken into account that the second petitioner has not been seen since June 21 almost 10 days now and that the life of a citizen is at risk. The Constitution requires that arrested persons be presented before a court within 24 hours,” the judge stated.
He also directed the IG, the DCI, the Cabinet Secretary for Interior and the Attorney-General—who are named as respondents to file their responses by close of business Monday. The case was set for mention on Tuesday at 11.00 am.
In its petition, the LSK states that Mr Kinyagia was abducted by state security agencies at his home in Kinoo on the Nairobi–Nakuru highway and that all efforts to trace his whereabouts have been futile.
“On June 21, 2025, plain-clothed police officers masked in balaclavas, armed with handguns, and driving 6–10 unmarked vehicles with distorted number plates abducted Mr Kinyagia at 1313 Apartments in Kinoo. They bundled him into a Subaru and sped off,” the LSK claims.
Mr Kinyagia, whose X (formerly Twitter) handle Daguin Dd is said to have played a role in mobilising Kenyans for the June 25 Gen-Z protest anniversary, allegedly shared a timetable of the day’s planned activities.
According to the LSK, Mr Kinyagia is a law-abiding citizen and an active social media user with a substantial following.
“Like many Kenyans, he is deeply concerned about the state of the nation. In the spirit of civic duty, and within the confines of the Constitution of Kenya (2010), he has voiced his reservations about the State on various online platforms,” the petition states.
The LSK accuses state agents including police officers and unnamed clandestine outfits of acting under the respondents’ instructions and employing "unconstitutional, heinous, and barbaric" methods of abduction and intimidation, even targeting minors and leaders.
The petition further notes that no formal charges have been filed against Mr Kinyagia in any High Court or magistrate’s court across the country.
As such, the LSK argues that the Attorney-General is aiding and abetting the illegal actions against Mr Kinyagia. It also takes issue with the IG’s earlier claim that the State had no knowledge of who was abducting members of the public.
“He is being held incommunicado, and no one knows his whereabouts. His mobile phones are switched off. His family reported the illegal and unconstitutional act at Kinoo Police Station OB Number 16/23/06/2025 at 10.40 a.m. The respondents’ sanctioned actions are a direct attack on the spirit of the Constitution of Kenya, 2010, which they are sworn to uphold,” the LSK contends.
The Society asserts that Mr Kinyagia’s rights have been grossly violated and that the ongoing actions of the State threaten to erode public confidence and undermine constitutional freedoms.
