The High Court has directed the Director of Criminal Investigations (DCI), Mohamed Amin, and Inspector General of Police, Douglas Kanja, to produce missing blogger and activist Ndiangui Kinyagia in court“whether dead or alive”.
Justice Chacha Mwita issued the directive on Tuesday following a habeas corpus application filed by the Law Society of Kenya (LSK), which sought the urgent production of Kinyagia, who had gone missing on June 21.
In his ruling, Justice Mwita expressed deep concern over the state's handling of the matter, stating that DCI officers were the last known individuals to visit Kinyagia’s residence in Kinoo before his disappearance.
“I have heard you and read the pleadings. The DCI officers visited his residence, and they are the only ones who were there when he disappeared,” the judge said
He questioned the reliability of the state’s account, noting that the caretaker cited by police had not sworn an affidavit and could not be independently verified.
“We need an explanation of where the person is,” Mwita said.
“I do not need the IG here.”
Additionally, he directed DCI Chief Amin to appear in person before the court on Thursday, July 3.
The court’s order comes amid claims by the state—through a replying affidavit by Sergeant Samuel Itegi of the DCI—that Kinyagia was under investigation for allegedly inciting the public during the Gen Z protests.
Police say they traced his residence, and after failing to find him, broke into the house under Section 60 of the National Police Service Act and seized several personal items, including laptops, mobile phones, and passports.
However, Kinyagia has neither been arrested nor presented in
court since.
The matter is expected to return to court on Thursday for
further directions.
