NAIROBI, Kenya – The government has failed to comply with a High Court directive to produce missing activist and blogger Ndiangui Kinyagia, despite a court-ordered deadline requiring his appearance by 11 a.m. on Tuesday.
Appearing before the High Court, officers from the Directorate of Criminal Investigations (DCI) insisted they are not holding Kinyagia in custody, even as pressure mounts from his family and legal team over his unexplained disappearance.
The court proceedings followed a ruling on Monday compelling Inspector General of Police Douglas Kanja to present Kinyagia or provide a credible explanation for his absence.
In a replying affidavit, DCI Sergeant Samuel Itegi told the court that Kinyagia was being investigated for his alleged role in organizing the recent Gen Z protests, which drew thousands of young people to the streets in anti-government demonstrations.
“The second petitioner was under investigation for his involvement in the just-ended Gen Z demonstrations. When my client arrived at his place, he was not in,” Itegi said.
According to Itegi, a caretaker at Kinyagia’s residence in Nairobi told police he had last been seen leaving with two unidentified men.
The officers then proceeded to break into the apartment under Section 60 of the National Police Service Act, which allows warrantless entry under certain circumstances.
During the search, investigators seized two laptops, two mobile phones, two passports, and a vaccination certificate, items allegedly linked to an X account that published a timetable urging protesters to “storm, take over, and occupy State House.”
“Preliminary investigations linked the said account to the second petitioner, making it necessary for the investigating team to interview him further,” Itegi stated.
He maintained that Kinyagia was never arrested and is not in government custody.
However, lawyers representing the family rejected the state’s explanation, accusing security agencies of defying court orders and failing in their constitutional duty to protect citizens.
Senior Counsel Martha Karua, who is part of the legal team, criticized the government for treating the court’s directive with contempt.
“They are not taking the orders of this court seriously. It’s their business to find him—that’s why we pay them,” Karua told the court. “Their business is to investigate and know about the welfare of Kenyans.”
Lawyer Wahome Thuku, also representing the family, noted that the state had failed to produce Kinyagia or offer a verifiable explanation for his disappearance.
“We are here because the court ordered that the second petitioner be produced. He has not been produced,” Thuku said.
The court is expected to issue further directions as civil society groups and human rights defenders continue to raise alarm over the growing number of reported enforced disappearances linked to recent anti-government protests.
