Blogger and tech expert Ndiang’ui Kinyagia has been granted temporary legal reprieve after the High Court blocked the police and the Directorate of Criminal Investigations (DCI) from arresting him.
Delivering his ruling on Thursday, July 3, Justice Chacha Mwita directed that Kinyagia should not be arrested until further notice from the court. Instead, the judge ordered that if necessary, Kinyagia would present himself to the DCI headquarters to record a statement.
“The police should not arrest the second petitioner, as he might be required to testify. If necessary, he should be presented to the DCI through its headquarters to record a statement,” Justice Mwita ruled.
Through his lawyer Wahome Thuku, Kinyagia explained that he went into hiding after noticing that DCI detectives were pursuing him over unclear allegations. His disappearance triggered widespread public concern and legal intervention.
Justice Mwita noted that the DCI had been summoned to court to explain how Kinyagia was eventually produced before the court following his disappearance.
The judge also acknowledged that the family had scheduled a private meeting with Kinyagia to understand the events that transpired, provide him with medical attention, and offer further instructions to their legal team.
In his ruling, Justice Mwita issued the following directives:
- The current petition filed by Kinyagia’s legal team will be treated as evidence in court.
- The respondents, including the DCI and police, have seven days to file their responses if they have not done so already.
- The petitioners will then have a further seven days to file a supplementary response.
- The family is permitted to meet with Kinyagia and ensure he receives medical care.
- The matter is scheduled for a hearing on July 18 and July 24, both at 10:30 a.m.
Justice Mwita further observed that legal counsel representing the DCI did not oppose the court’s directives.
“Let everyone comply with these directions, and we shall reconvene on the scheduled dates,” the judge concluded.
The case remains under the national spotlight amid growing concerns over the safety of outspoken citizens and the conduct of law enforcement agencies.
By Were Kelly
