Court bars police from arresting blogger Ndiang’ui Kinyagia after court appearance
Justice Chacha Mwita also ordered that any statement from Kinyagia be recorded only in the presence of his lawyer. The matter will be heard on July 18.
The High Court has barred the Directorate of Criminal Investigations (DCI) from arresting blogger Ndiang’ui Kinyagia, who appeared in court on Thursday after being reported missing for several days in connection with the June 25 protests.
Justice Chacha Mwita also ordered that any statement from Kinyagia be recorded only in the presence of his lawyer. The matter will be heard on July 18.
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"My intention was to have him presented to Kenyans. He is here, we have him. It is also important to allow the family and lawyers time to speak with him," Justice Mwita stated.
Kinyagia, described by his legal team as unwell and traumatised, was not in a position to actively participate in the day’s proceedings.
Lawyer Kibe Mungai, representing the family, informed the court that he had learned of Kinyagia’s whereabouts on Tuesday evening from fellow advocate Wahome Thuku. A phone conversation had reportedly taken place between a family member, Wanjiku, and Kinyagia the night before his appearance.
“Your Honour, we have him. We were looking for him, and he is finally here. But he is not in good condition. We have not had the opportunity to brief him about what transpired during his disappearance,” Kibe told the court.
He requested the court to defer the matter to allow the family and lawyers time for a private discussion with Kinyagia.
The legal team also expressed concern over the possibility of Kinyagia being detained and urged the court to issue orders restraining any arrest. They further proposed that Kinyagia be bonded and required to attend court as needed.
Representing the Attorney General, lawyer Emmanuel Bitta argued that the State had not been treated fairly in the matter and requested an opportunity to respond.
Justice Mwita acknowledged the petitioners’ concerns, stating that the request for time was reasonable and that the primary objective, confirming Kinyagia’s safety and presence, had been met.
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