The High Court has ordered the Director of Criminal Investigations (DCI), Mohamed Amin, and the Inspector General of Police, Douglas Kanja, to produce missing blogger and activist Ndiang’ui Kinyagia in court “whether dead or alive”.
The directive was issued on Tuesday, July 2, by Justice Chacha Mwita following a habeas corpus application filed by the Law Society of Kenya (LSK). Kinyagia, a vocal social media figure and critic of the government, went missing on June 21 under mysterious circumstances.
Justice Mwita raised serious concerns about the state’s handling of the case, pointing out that DCI officers were the last known individuals to visit Kinyagia’s residence in Kinoo. “The DCI officers visited his residence, and they are the only ones who were there when he disappeared,” Mwita noted.
The judge questioned the credibility of the police account, specifically highlighting the lack of an affidavit from the caretaker police claim witnessed the events. “We need an explanation of where the person is,” Mwita said, dismissing vague justifications and calling for direct accountability from the state.
The court also directed DCI Chief Amin to appear in person on Thursday, July 3, for further directions.
According to a replying affidavit filed by Sergeant Samuel Itegi of the DCI, Kinyagia was under investigation for allegedly inciting the public during the ongoing Gen Z protests. Police claim they traced his residence and, after failing to locate him, forcibly entered the premises under Section 60 of the National Police Service Act. Several personal items including laptops, phones, and passports were reportedly confiscated.
Despite these actions, Kinyagia has not been arrested or brought before a court, fueling public fears over enforced disappearances and a growing crackdown on dissent.
The LSK has demanded answers, citing increasing threats to civil liberties and freedom of expression. The matter is set to return to court on Thursday for updates, as pressure mounts on the state to account for Kinyagia’s whereabouts.
