A Milimani High Court judge has issued a directive barring the police from arresting social media activist Ndiang’ui Kinyagia after he voluntarily appeared in court. The directive, made on Thursday, July 3, 2025, follows concerns over Kinyagia’s safety and the legality of his reported disappearance.
The judge ruled that Kinyagia, now a petitioner in the case, should not be arrested or detained. If the Directorate of Criminal Investigations (DCI) requires him to record a statement, he must be presented to the DCI offices while accompanied by his legal team. The court emphasized that his cooperation with investigative authorities must not be used as an opportunity to detain or harass him.
The judge further directed that Kinyagia be allowed to spend time with his family and receive medical treatment before the case proceeds. This development followed a request by his lawyers and family, who urged the court to prioritize his well-being and provide him time to recover from the ordeal of his disappearance.
This case stems from a petition filed by the Law Society of Kenya at the Constitutional and Human Rights Division. The petition sought court orders compelling state authorities to produce Kinyagia, dead or alive, following reports that he had gone missing under unclear circumstances. The petition listed top government officials, including the Inspector General of Police, the Director of Criminal Investigations, the Interior Cabinet Secretary, and the Attorney General, as respondents. The petitioners requested the court to issue a habeas corpus order to compel the production of Kinyagia.
On July 1, the court had summoned the Director of Criminal Investigations to appear personally before the bench to explain Kinyagia’s whereabouts after both he and the Inspector General of Police failed to comply with earlier orders. The judge directed that the matter be mentioned on July 3 at 11 AM for further instructions.
During the court session, prominent lawyers, including Senior Counsel and other legal representatives of both Kinyagia’s family and the respondents, made submissions supporting the activist’s protection. The court acknowledged their concerns and agreed that Kinyagia should not be subjected to any form of custodial action while the matter is under judicial consideration.
This case has drawn significant public attention, with civil rights groups and legal professionals demanding accountability over the alleged enforced disappearance. The ruling is seen as a step toward safeguarding the rights of individuals facing potential state harassment, particularly those using digital platforms to express dissent or critique governance. The court’s protective stance also underscores the importance of upholding the constitutionally guaranteed freedoms of expression, safety, and due process.
