The High Court has given ICT expert Ndiang’ui Kinyagia 14 days to file an affidavit explaining the circumstances surrounding his disappearance on June 21, 2025.
This directive comes amid a legal standoff involving conflicting affidavits and questions about who is formally representing him in court.
Ndiang’ui Kinyagia went missing for 13 days in June 2025, prompting the Law Society of Kenya (LSK) to file a habeas corpus petition demanding his production in court, dead or alive.
He later resurfaced and claimed he had gone into hiding due to fear of arrest by DCI officers, who had allegedly raided his home and confiscated his devices.
A key affidavit filed on July 3, 2025, by his cousin and lawyer Lilian Wanjiku Gitonga, claimed that Ndiang’ui had contacted her during his disappearance, saying he was safe and not abducted. This contradicted an earlier submission made by the LSK.
Lawyer Kibe Mungai, who initially helped draft the affidavit, disowned the final version, saying it was materially altered without his input.
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Court’s Position
Justice Chacha Mwita has now ordered Ndiang’ui Kinyagia to personally file an affidavit within 14 days explaining:
- His disappearance on June 21, 2025.
- The circumstances under which he resurfaced.
- His position on the conflicting affidavits filed on his behalf.
Two lawyers, Lilian Wanjiku Gitonga and Kibe Mungai, have been linked to the case, but their submissions were conflicting to cause further confusion.
The affidavit filed by Gitonga was challenged by Mungai, who claimed it was altered without his consent.
The court insisted that the affidavit currently on record was not authored or signed by Kinyagia himself.
Justice Mwita stated that the court cannot proceed with the habeas corpus petition until Kinyagia clarifies his position through a sworn affidavit.
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Disappearances of Protesters
During the Gen Z-led protests against economic hardship and governance, at least 82 Kenyans went missing, with six individuals abducted in December 2024 alone.
These include Gideon Kibet, Bernard Kavuli, Peter Muteti, Billy Mwangi, Rony Kiplangat, and Steven Kavingo.
Victims were activists or vocal critics of the government, witnesses and families reporting abductions by unidentified armed men, often in unmarked vehicles.
According to the 2024 Missing Voices Report, enforced disappearances in Kenya increased by 450% from 2023 to 2024, with 55 cases recorded in 2024 alone.
Most victims were young men, and less than 2% of cases involving police were prosecuted.
The High Court’s intervention, led by Justice Chacha Mwita, represents a rare instance of judicial oversight, potentially signaling increased scrutiny of state actions in 2025.
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