Karua hits out at police seeking to have blogger Ndiangui Kinyagia record statement with DCI

People’s Liberation Party Leader Martha Karua has criticised the National Police Service for asking blogger and ICT expert Ndiangui Kinyagia to record a statement with the Directorate of Criminal Investigations over his 13-day disappearance.

In a post on her verified X account, the former Justice and Constitutional Affairs minister, who is one of the lawyers representing the blogger, said the move was sub judice since High Court Judge Chacha Mwita had ordered the police not to arrest him pending his pronouncement after hearing the parties on July 18 and 24.

“This is not even funny , the matter is sub judice. We shall conclude which way after full information. You remain suspect until the court pronounces itself on the matter. Whatever facts in your possession should be directed to court by way of affidavits as directed,” she said.

In his ruling, Justice Mwita said that the family and lawyer, Kibe Mungai, should be given time to discuss how to proceed with the matter and directed that he be taken to court after Mungai told the court that the blogger appeared extremely traumatised.

“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,” he said.

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. 

In a statement, NPS spokesman Muchiri Nyaga said he remains a person of interest and thus the need for him to record a statement.

“Ndiangui Kianyaga had been reported missing, and information circulating on social media as well as mainstream media accused the Police Service of allegedly abducting him. Nonetheless, he remains a person of interest to the police and is hereby urged to present himself to the DCI Headquarters to record a statement,” he said.

Nyaga reiterated the police’s earlier statement that he was not in police custody, adding it takes great exception to an emerging trend whereby individual feign abduction and provide false information to the police, intending to generate a misleading narrative that generates public outrage and sensational headlines, thereby distorting the truth rather than focusing on justice, which he termed a criminal offence punishable by law.

The blogger’s appearance in court came 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.

On Thursday 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.”

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.

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.

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. 

Others have also cast suspicion on the explanation by Thuku had he confirmed he was hiding for fear of his rule, asserting that he might have been coerced by the DCI on what to say to his family after Justice Mwita insisted he must be produced dead or alive especially after he appeared to have been partly shaved.