Court allows blogger Ndiangui Kinyagia’s family to take him to hospital after ’emerging from hiding’

Missing blogger Ndiangui Kinyagia has appeared at the Milimani Law Courts hours after his family revealed that he called them, assuring them that he is safe.

Ndiangui appeared accompanied by his lawyers, including Martha Karua, Babu Owino and Kibe Mungai.

Social media videos have shown the 31-year-old, who went missing more than 10 days ago, being hugged by his mother.

Mungai told Justice Chacha Mwita that Kinyagia appeared very traumatised and had expressed deep fear for his life.

“I request this court to give the family and myself some time to talk to him in confidence and privacy. Anytime from next week, we request to come back so that we are able to offer help to the court,” he added. 

Justice Mwita agreed to give the family and the lawyer to discuss how to proceed with the matter, saying his immediate intention was to have him presented to Kenyans alive.

“I think the fairest thing to do is to allow the family and you, the lawyer, to have a conversation and then decide how to proceed. My intention this morning was to have Ndiangui Kinyagia and to present him to Kenyans alive and I have. Anything else comes after,” the judge said. 

He gave his family has time to take him to hospital for medical attention and directed that the matter l be heard on July 18 and 24 at 10:30 am.

In the meantime, he directed that the police shall not arrest Kinyagia as he is now a petitioner in the case and may be required to testify.

“If necessary, he can be presented to the DCI to record a statement, but he should not be arrested or detained, the judge added. 

His appearance comes two days after Justice Mwita had directed the Director of Criminal Investigations (DCI) boss, Mohamed Amin, and the Inspector General of Police, Douglas Kanja, to present him in court, whether dead or alive.

“I have taken into account the fact that the second applicant has not been found for 10 days and that the life of a citizen is in danger,” Mwita stated.

Early morning, lawyer Wahome Thuku confirmed that the blogger contacted his relatives on Tuesday evening, expressing his willingness to present himself to the Directorate of Criminal Investigations (DCI).

“Ndiangui, who went missing last week, has contacted the family and said that he is well, healthy, and safe. He contacted a family member on Tuesday evening from an undisclosed location,” Wahome said.

Wahome stated that he was at a location that he did not disclose, adding that he had been in hiding due to concerns for his safety after learning that DCI officers were going after him.

“Ndiangui indicated to the family member that he had hidden temporarily for fear of his life upon learning that DCI officers were looking for him over unknown criminal allegations.”

The family advised him to present himself at the Milimani High Court at 11 am, as the legal team has also communicated this plan to the Law Society of Kenya for appropriate legal support and oversight.

Wahome further accused DCI officers of unlawfully entering Kinyagia’s home during his absence and confiscating several items.

His whereabouts had been unknown, and his disappearance drew national attention, with rights groups and civil society organizations demanding his release.

“Free Ndiangui Kinyagia. He was last seen on June 21 after a reported raid by DCI officers at his home in Kinoo. We call for his immediate release. If he is accused of any crime, let him be presented before a court of law, not held incommunicado,” human rights group Amnesty International Kenya said in a statement.

Before he was reported missing, Kinyagia had shared a timetable for the protests to mark the first anniversary of the Gen Z killings on his X account.

The timetable outlined a nationwide plan for demonstrations, including a march to the State House in Nairobi.

His disappearance had been reported by his family at Kinoo Police Station before they went to LSK, who filed an urgent application last week seeking to compel the police to produce Kinyagia and explain the circumstances of his disappearance and the raid on his home.

However, early this week, Amin had clarified that the blogger was not in the custody of the national Police Service as they were also looking for him.

Some bloggers and lawyers, including Prof Makau Mutua, Nelson Havi and Boniface Mwangi, accused Kinyagia of hiding, saying self-abductions aid the fight against enforced disappearances by the police.

However, Thuku disputed that he self-abducted himself, noted that the DCI had confirmed in court that they raided his house twice.

“I am the one who posted and broke the news about Ndiangui Kinyagia to the media, so that it came from the family and not thr ough the grapevine. The DCI has confirmed in court that they went to his house twice at 2 pm and 11 pm and broke in. Anyone alleging that this was a case of self-abduction should explain whether the DCI breaking into his house was part of that self-abduction,” he said after the court session.