Court proceedings in Milimani High Court on July 1, 2025/JAMES GICHIGIThe High Court heard on Tuesday that the government has failed to fully comply with its directive to produce missing activist and blogger Ndiangui Kinyagia.
This is after state officers maintained they do not have him in custody.
The proceedings come a day earlier after the court issued an order requiring the Inspector General of Police, Douglas Kanja, to present Kinyagia by Tuesday at 11 am or give a credible explanation for his absence.
In a replying affidavit, Sergeant Samuel Itegi of the Directorate of Criminal Investigations (DCI) stated that Kinyagia was under investigation for his alleged role in the recent Gen Z demonstrations.
“The second petitioner was under investigation for his involvement in the just-ended Gen Z demonstrations. When my client arrived at his place, he was not in,” he told the court.
He added that the caretaker had confirmed he had left with two men earlier.
The affidavit further notes:
"That, because even the Caretaker who was in the company of the officers as from 1700hrs when the officers identified the 2nd Petitioner's house, could not reach him on the phone, the officers made a decision to break into the house and conduct a search without a warrant pursuant to section 60 of the National Police Service Act No. 11 of 2011 to confirm the allegations."
Itegi confirmed that officers collected several items, including two laptops, two mobile phones, two passports, and a vaccination certificate.
“Preliminary investigations linked the said account to the second petitioner, making it necessary for the investigating team to interview him further,” Itegi said.
He was referring to an X (formerly Twitter) account that posted a timetable allegedly encouraging protesters to “storm, take over, and occupy State House.”
Itegi confirmed that officers collected several items, including two laptops, two mobile phones, two passports, and a vaccination certificate.
“The inventory was signed by the caretaker on behalf of both the landlord and the tenant,” he stated.
He noted that Kinyagia was not arrested, as he was not present at the residence, and is therefore not in the custody of the respondents.
However, Senior Counsel Martha Karua, representing the family, criticised the state’s explanation, stating there was no compliance.
“They are not taking the orders of this court seriously. It’s their business to find him—that’s why we pay them. Their business is to investigate and know about the welfare of Kenyans,” Karua said.
Family lawyer Wahome Thuku echoed Karua’s concerns, faulting the respondents for openly defying the court’s directive.
“We are here because the court ordered that the second petitioner be produced. He has not been produced,” he stated.
