The High Court has ordered the Inspector General of Police, Douglas Kanja and the Directorate of Criminal Investigations (DCI) boss, Mohammed Amin, to produce missing activist Ndiangui Kinyagia in court, dead or alive.
Justice Chacha Mwita issued the orders to the two senior police bosses who failed to appear in court on Tuesday, July 1, to shade light on the whereabouts of Kinyagia, who went missing on Saturday, June 21.
The judge also ordered DCI boss Mohammed Amin to appear before the court on Thursday, July 3, as part of the ongoing probe into the disappearance.
The missing activist was believed to have been abducted by DCI officers at his home in Kiambu County. This is after the activist, who doubles up as a software developer, posted a ‘timetable’ of the June 25 protests on his X account.
Footage shared online captured close to ten individuals, believed to be DCI officers, and three Subarus with Kinyagia outside his home in Kinoo, before they made away with the activist.
While issuing the orders, Mwita expressed dissatisfaction with the failure of the police to appear before the court.
“I am not interested in your drama. Produce Ndiangui Kinyagia, whether dead or alive,” a visibly frustrated Mwita ordered individuals representing the two senior police bosses.
"There is no way a Kenyan will get out of his home, and vanish from this world without a trace. It is not humanly possible," he added.
On Monday, June 30, Amin revealed that contrary to public opinion, Kinyagia was not in the custody of the DCI. However, he stated that he was a person of interest over the publishing of the protests' itinerary, which he described as "inflammatory material." Amin also directed that the activist should immediately present himself to the police to aid in explaining the circumstances of his disappearance.
However, Amin admitted that his officers managed to search the house of the activist and were able to recover electronic items. A fact that Justice Mwita picked on noting that was sufficient cause and reason for the DCI to explain Kinyagia's whereabouts.
"Since DCI officers were in Ndiangui Kinyagia’s house before he disappeared, we need an explanation from DCI on where he is," he affirmed.
Kinyagia's disappearance sparked massive uproar from Kenyans with several human rights organisations, such as Amnesty International and the Law Society of Kenya, demanding for his unconditional release.
LSK boss Faith Odhiambo revealed the Society was preparing a court application to compel the police to produce Kinyagia and explain the circumstances of the raid.
