Written by Joyce Nzomo
The High Court in Nairobi has declined to grant anticipatory bail to IT expert Ndiang’ui Kinyagia but ordered police to return property taken from his home during a raid.
Delivering the ruling on Tuesday, Justice Chacha Mwita said the habeas corpus petition filed when Ndiang’ui was reported missing had been overtaken by events.
The IT expert has since resurfaced, recorded a statement with investigators, and is now cooperating with authorities. The court therefore marked the case as withdrawn.
Ndiang’ui, who had been missing for weeks, told the court he went into hiding after his residence was raided by police officers who allegedly changed his door locks and seized personal items without a warrant.
He explained that he avoided using his phone or contacting relatives, fearing abduction, torture, or even death citing previous cases of enforced disappearances.
Represented by Senior Counsel Martha Karua, he argued that his decision to disappear was a matter of survival.
Karua also defended his mother, who had sought the intervention of the Law Society of Kenya (LSK) when he vanished, saying she acted in good faith and desperation as any parent would.
Lawyers for the Directorate of Criminal Investigations opposed Ndiang’ui’s request for anticipatory bail, insisting that courts cannot shield individuals from lawful arrest or investigations.
They maintained that police must be allowed to perform their constitutional duties without interference.
In his ruling, Justice Mwita acknowledged that Ndiang’ui’s fears were genuine but declined to issue orders blocking his arrest.
He directed police to return the seized property once investigations are complete and reminded them to respect constitutional principles of human rights.
The judge also warned that any future threats or violations could be addressed through fresh legal action.
The ruling closed the habeas corpus petition but left open the possibility of further legal battles, with Ndiang’ui’s legal team considering a civil suit to seek damages over the raid and seizure of his belongings.
