Fresh twist in Ndiangui Kinyagia's abduction case after LSK files to withdraw representation
Last week, LSK, represented by President Faith Odhiambo, asked the court to allow cross-examination of Ndiang'ui, his cousin Lilian Wanjiku Gitonga, and his mother Margaret Rukwaro.
The Law Society of Kenya (LSK) has formally sought to withdraw legal representation for Ndiangui Kinyagia following alleged revelations that he had faked his disappearance.
LSK had initially claimed that Kinyagia had been abducted by state agents under suspicious circumstances and sought that the DCI produce him in court under a habeas corpus application.
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However, subsequent investigations revealed that he had gone into hiding voluntarily, undermining the credibility of the entire case.
In fresh court documents, LSK's advocates, VR Advocates & Partners LLP, have applied to cease representing Kinyagia, citing conflicting information and a breakdown in trust.
In an affidavit, lawyer Moses Mutungi Kioko explained that the Kinyagia had issued statements and family-provided information that were "very contradictory from facts in this matter".
"The contradictions have made it extremely difficult to continue representing him," the affidavit reads, adding that several efforts to reach consensus between them had failed.
They have requested that the court grant the law firm leave to withdraw entirely from acting for Kinyagia.
However, High Court judge Chacha Mwita granted Kinyagia 14 days to file an affidavit explaining his disappearance. Justice Mwita scheduled the next hearing for September 16, 2025.
The petition before court had initially raised alarm about alleged enforced disappearances, but Kinyagia's now-exposed deception has raised questions about the abuse of legal processes in politically sensitive matters.
Last week, LSK, represented by President Faith Odhiambo, asked the court to allow cross-examination of Ndiang'ui, his cousin Lilian Wanjiku Gitonga, and his mother Margaret Rukwaro.
Odhiambo said an affidavit filed by Gitonga on July 3 contradicted earlier information shared with the LSK, before and after Ndiang'ui resurfaced following his unexplained 13-day disappearance.
"We want to make an application before we start the hearing of this case, based on an affidavit sworn by Lilian Wanjiku Gitonga. My Lord, this affidavit is in stark contrast to the information we were earlier given," Odhiambo told the court.
She said the inconsistencies raised serious concerns, calling for the questioning of all involved parties.
"We are seeking to cross-examine Mr Ndiang'ui, Ms Lilian Gitonga, and Margaret Rukwaro since pertinent concerns have arisen from the contents of the affidavit," she added.
The LSK president also said the society had not been informed about the affidavit beforehand, despite being one of the petitioners in the case.
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