Ndiang’ui Kinyagia, who has reappeared safely after nearly two weeks in hiding, appeared before the High Court in Milimani. A habeas corpus application is challenging the circumstances surrounding his disappearance.
Lawyer Kibe Mungai told the court that he had been informed of Kinyagia’s whereabouts by fellow advocate Wahome Thuku on Tuesday evening.
“Your Honour, we have him. We were looking for him, and he is finally here. But he’s not in good condition,” Kibe said. “I regret that I can’t be of any assistance until we have had a session with him to understand what happened.”
The lawyers also raised concerns about the potential risk of Kinyagia being detained and asked the court to issue an order restraining any arrest—a request that was upheld by the court.
Kibe further proposed that Kinyagia be bonded and required to attend court whenever needed.
“The family has made a request… and that is reasonable. Then we can reconvene once he has been briefed and is ready to participate.”
Justice Chacha Mwita acknowledged the petitioner’s concerns, noting that the family’s request was reasonable and that Kinyagia’s presence in court had fulfilled the primary goal of locating him.
“My intention was to have him and present him to Kenyans. He is here—we have him. Also, it’s good to allow the family and the lawyers time to speak to him,” Mwita noted.
The Attorney General, represented by advocate Emmanuel Bitta, asserted that they had not been accorded a fair hearing and requested an opportunity to present their case. Meanwhile, the family has been granted time to take Kinyagia to the hospital, pending the hearing scheduled for July 18.
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