Missing IT expert Ndiang’ui Kinyagia.
A petition seeking the production of IT expert Ndiang’ui Kinyagia in court has taken a new twist after the judge zeroed in on the Directorate of Criminal Investigations (DCI) as the entity likely to know his whereabouts.
Justice Chacha Mwita appeared to settle on the DCI after revelations that its officers were the last people seen with Mr Kinyagia before his disappearance 10 days ago.
Consequently, the judge on Tuesday ordered DCI boss Mohammed Amin to appear in person before the court tomorrow at 11am to explain the whereabouts of Mr Kinyagia, who is also a popular online commentator.
The summons followed disclosures that the last people seen with Mr Kinyagia before he vanished were DCI officers who raided his home on June 21.
“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 caretaker has not sworn an affidavit. The DCI conducted a search in his house and this person disappeared. We need an explanation as to where he is,” said Justice Mwita.
Mr Kinyagia has been missing following the alleged police raid at his residence in Kinoo, Kiambu County. He is believed to have been targeted over links to the Gen Z protests.
On Monday, Mr Amin held a press conference in which he denied that his officers were holding Mr Kinyagia, stating: “Kinyagia was a person of interest to us after publishing inflammatory content on social media.”
However, Justice Mwita noted that Mr Amin must personally account for the DCI’s actions regarding Mr Kinyagia’s disappearance, saying he owes Kenyans a satisfactory explanation.
“Since DCI officers were in Mr Kinyagia’s house before he disappeared, we need an explanation from the DCI on where he is. I am not interested in your drama, produce Kinyagia whether dead or alive. I direct the DCI director to appear personally on July 3 before this court to respond to the matter,” the judge ordered.
On Monday, the court had summoned both Inspector-General of Police Douglas Kanja and Mr Amin, but neither appeared in court.
Despite police denials, the court was informed that an inventory exists documenting items recovered by DCI officers during the search at Mr Kinyagia’s house.
During the court session, proceedings were briefly interrupted by rights activist Mr Mulinge Muteti from Kibwezi East who stood in the public gallery and shouted at the State counsel representing the DCI accusing him of misleading the court.
“Stop lying. You abducted Ndiang’ui Kinyagia and are lying to the court. Kinyagia was arrested by DCI and they know his whereabouts. The State is misleading the court,” the activist shouted.
Mr Muteti urged the judge to assert the authority of the court and reject what he called false information from the State.
Justice Mwita said it is unlikely for a person to disappear without a trace.
The Law Society of Kenya (LSK) alongside lawyers Martha Karua, Kibe Mungai, Babu Owino and Abuna Mango claimed that State security agencies are responsible for Mr Kinyagia’s disappearance.
“The IG and the DCI director ought to be here. Nothing has been said about the blatant disobedience of a court order and that presents a serious problem. Even if we were to believe them, which we don’t, that they do not have him, it is still their duty to investigate and account for the welfare of Kenyans,” said Ms Karua.
She also criticised Mr Amin’s public denial: “It is unacceptable that he can issue a public denial, yet fail to appear before this court. Moreover, he made that denial in a matter that is sub judice.”
Mr Kinyagia, whose X account Daguin Dd is said to have played a role in mobilising Kenyans for the June 25 Gen Z protests, is believed to have been abducted for sharing last Wednesday’s protest timetable.
According to LSK, Mr Kinyagia is a law-abiding citizen and active social media user with a substantial following.
“Like all Kenyans, he takes no comfort in the current state of affairs. In the spirit of civic duty, he legally and within the confines of the Constitution of Kenya 2010 shared reservations against the State on various online platforms,” reads the petition.
LSK accuses the State of using illegal and unconstitutional methods, including abductions and extra-judicial actions, against dissenters, including minors. It further argues that Mr Kinyagia is not facing any formal charges in court.
The society accuses the Attorney-General of abetting the illegalities and faults the IG’s earlier statement claiming ignorance about who is abducting citizens.
“He is held incommunicado and no one knows his whereabouts as his mobile phones are switched off. His family reported the illegal and unconstitutional acts at Kinoo Police Station viz OB Number 16/23/06/2025 at 10.40am. The respondents’ illegally sanctioned actions are a direct onslaught on the progressive realisation of the spirit of the Constitution of Kenya 2010, which they have obligations towards as sworn custodians,” says LSK.
The respondents include Mr Kanja, Mr Amin, the AG and the Interior Cabinet secretary.
It adds that the State has breached Mr Kinyagia’s rights and violated statutory arrest procedures, noting that these persistent actions erode the fundamental freedoms guaranteed to all citizens.
