The hearing of a petition on the alleged abduction of
blogger Ndiang’ui Kinyagia is expected to proceed at the High Court today after
it was adjourned last week due to confusing affidavits.
Justice Chacha Mwita had asked the parties to resolve the
inconsistencies so that it becomes clear who is acting for whom.
The confusion stemmed from an affidavit filed on July 3,
2025, which has now drawn in Ndiang’ui, his mother, and a family lawyer, Lilian
Gitonga, all of whom are expected to be cross-examined by the Law Society of
Kenya.
Lawyer Kibe Mungai, appearing for Lilian and family,
explained that he had initially joined forces with the LSK and Ndiang’ui after
establishing contact with the family.
He told the court that during previous proceedings, he had
been tasked to liaise with Ndiang’ui and the family to prepare an affidavit.
However, after discussions with the family, the affidavit
was amended without his input, creating contradictions between the instructions
he had received and what was eventually filed.
Justice Mwita remarked on the visible discomfort Kibe
exhibited during his explanation, highlighting the same to LSK’s President
Faith Odhiambo during the proceedings.
“You could tell his body language was discomforting,” Mwita
noted, adding the need for clarification on who speaks for the second
petitioner and said there would be no meaningful progress until the issues were
ironed out.
“The affidavit here is by someone else and not the second
petitioner. We need to make that distinction so that this person can
cross-examine this person,” Justice Mwita stated.
The Law Society of Kenya, represented by Faith Odhiambo,
said it intended to cross-examine the witnesses, a position that neither the
prosecution nor the lawyers opposed.
Kibe clarified that although his law firm had filed the
affidavit in question, he had done so on the understanding that the instructions
were coming from the family.
In the same court, Justice Chacha Mwita is expected to give
directions in a case where the family of missing Wajir Huduma Centre boss
Abdirahman Hussein has sought to have their kin produced in court dead or
alive.
Hussein went missing last week and is thought to have been
abducted by unknown individuals.
