NAIROBI, Kenya, Jul 3 — Justice Chacha Mwita has adjourned a petition on the disappearance of blogger Ndiang’ui Kinyagia to July 18 and 24 following his appearance in court on Thursday.
Mwita deferred the matter after an oral application by Kinyagia’s lawyer, who sought time to consult with his client, allow him to reunite with his family, and seek medical attention if necessary.
“We will decide on how to proceed next. My intention this morning was to present him to Kenyans,” Mwita, sitting at Nairobi’s Milimani Law Courts, stated.
“This petition will be heard by oral evidence…The family is granted time to have the petitioner with them and take him to hospital for medical attention,” he directed.
Kinyagia, linked to an open online invitation calling protesters to State House during the June 25 demonstrations, resurfaced nearly two weeks after fleeing a reported raid at his home by officers from the Directorate of Criminal Investigations (DCI).
The State did not oppose the application, despite the presence of DCI Director Mohamed Amin in court in response to a summons issued by the judge.
While adjourning the matter, Justice Mwita issued conservatory orders restraining the DCI from arresting Kinyagia pending further directions.
He also directed that the blogger must be accompanied by his advocate whenever DCI officers wish to question him.
The court’s decision followed days of public outcry and legal pressure over Kinyagia’s disappearance, which triggered a high-stakes standoff between the Judiciary and the police.
Justice Mwita had earlier ordered the DCI to produce the blogger “dead or alive” after police failed to comply with a previous production order.
Hiding
Kinyagia resurfaced on Thursday morning after contacting his family on Tuesday, assuring them that he was safe but had gone into hiding out of fear for his life.
Lawyer Wahome Thuku said his client fled after learning he was being pursued over undisclosed criminal allegations, and that his family advised him to present himself to court when he contacted them on Tuesday.
Thuku accused the DCI of conducting a raid on Kinyagia’s home in his absence and seizing several personal items—an incident the family reported at Kinoo Police Station.
Kinyagia’s case drew national attention and fueled broader concerns over the use of covert police tactics, with former Cabinet Secretary and opposition-aligned restorative justice advocate Justin Muturi warning that Kenya is drifting into authoritarianism.
In a statement on Wednesday, Muturi described Kinyagia’s case as emblematic of a disturbing trend in law enforcement, accusing the DCI of deploying terror tactics and disregarding constitutional safeguards.
“This is not about crime prevention. It is about power preservation,” Muturi declared.
“The DCI is not above the law. It is a creature of the law. When it steps outside that boundary, it becomes an agent of oppression, not justice.”
