×
The Standard e-Paper
Kenya's Bold Newspaper
The Standard Group Plc is a
multi-media organization with investments in media platforms spanning newspaper
print operations, television, radio broadcasting, digital and online services. The
Standard Group is recognized as a leading multi-media house in Kenya with a key
influence in matters of national and international interest.
The Director of Criminal Investigations (DCI) Mohamed Amin has been ordered in court on Thursday over the disappearance of Ndiang'ui Kinyagia.
The directive by High Court judge Chacha Mwita came as DCI revealed the circumstances under which Kinyagia disappeared, while denying his arrest.
But Justice Mwita could hear none of it, insisting that the officers were the last persons to visit Kinyagia’s residence In Kinoo before he went missing.
“I have heard you and read the pleadings. The DCI officers visited his residence, and they are the only ones who were there when he disappeared. The caretaker has not sworn an affidavit. The DCI conducted a search, and this person disappeared. We need an explanation as to where he is,” said the judge, directing Amin to appear in person.
Yesterday, a heated exchange ensued on whether the DCI forged an inventory it filed in court.
According to Martha Karua, the agency's inventory was different from what it had filed before the Milimani Chief Magistrate’s court in a miscellaneous application. While the one filed in the High Court had a spillover of the items recovered to a second page, everything was on one page in the the suit filed by the Law Society of Kenya (LSK).
At the same time, she argued that the dating of the two documents was different.
“If you look at it and our further affidavit on June 27,2025, where we attached at FM1, you will see on the face of it that the annexure appears to be a forgery. If you look at the date on the one by the respondents, it is indicated on the 21st. If you compare with the one with Florence Muturi, the date 21 has no 'st'.”
She also noted that the "2025" in the first case was handwritten while the other one is typed.
Karua told the court that the document filed by the DCI at the High Court had a witness, Jane Njango, who allegedly saw the officers ransack and cart away items from Kinyagia's house.
“We suspect that the annexure is a forgery and following the announcement by the second respondent, he is a person of interest and we need him in person. Law enforcers cannot become lawbreakers and fail to comply with court orders. This is not the first case; detention without trial is being returned. Extrajudicial detention today is being accompanied by a denial unlike the past, where they whipped a detention order,” argued Karua.
It also emerged that analysis by the Communication Authority of Kenya (CA) and data from an account alleged to have been Kinyagia's led police to hunt him down.
In a document filed in court, the DCI attached a letter dated June 20 regarding cybersecurity addressed to the CA Director General David Mugonyi.
Stay informed. Subscribe to our newsletter
According to DCI Operation Support Unit Officer Zachary Kariuki, a complaint was booked at the Capitol Hill Police Station regarding X account named Daguin Dd.
“Brief facts surrounding the case are that yesterday June 19, 2025, the holder of the above stated X posted an inflammatory and seditious protest timetable, illustrating the scheduled activities of Wednesday June 25, 2025, which constitute a grave incitement to violence and deliberate intentions to undermine national stability,” claimed Kariuki.
"To complete our investigations, we are requesting your office to analyse and preserve the massages of this account as from June 18, 2025 up to-date."
Sergent Samuel Itegi, in his affidavit, said they opted to look for him at his apartment number eight, the last place his phone was allegedly switched off.
According to Itegi, the door was locked from inside, and the they had to break in without a court warrant to allegedly confirm the allegations.
Itegi further alleged that the caretaker, Jane Njango, informed the officers that Kinyagia had left at around 11am in the company of a man and two women.
Lawyer Willis Otieno claimed that everything pointed to the DCI. “The presence of the Subarus and officers in civilian clothes from the agency has not been denied. I assume the respondents knows we are in a country operating under the law... We may speak a lot of English but primary issue is that the liberty and life of Ndiang'ui is at stake."
A competent court issued an express order directing the IG, Mr. Kanja to produce Mr. Ndiang'ui Kinyagia. Mr. Marwa is not the IG or DCI. The two should be in court explaining that the counsel is doing on the bar. This is a life of a citizen at stake. We may speak a lot of English but primary issue is that the liberty and life of Ndiang'ui is at stake,” he argued.
As the case was ongoing, an activist stood and started shouting that government officers were lying.
“Enough with the lies. You have abducted someone and you’re telling us stories. You must stop these evil things,” he claimed before lawyer Kibe Mungai calmed him.
On the other hand, Nelson Marwa, who was representing the Attorney General, the Directorate of Criminal Investigations, the Interior Cabinet Secretary and the Inspector General of Police, told the court that they had nothing to do with the missing man.
Marwa said the government officials were also in the dark about his whereabouts.
He alleged that Njango told DCI officers who raided the house that Ndiang'ui had left in the company of another man and two women.
However, the court reminded him that the DCI was alleging that Ndiang'ui left with three other people, not Njango.
“ My clients broke into the apartment and an inventory was taken and it is annexed and all the items collected have been itemized there and it is for that reason we believe DCI is still pursuing the second petitioner to answer the concern of the second respondent. It is difficult to comply with the order five as my client insist that they do not have the petitioner in custody,” argued Marwa.
He was hard pressed to explain why the officers summoned to the court were not present. Marwa said they were willing to appear before court.
Subscribe to our newsletter and stay updated on the latest developments and special offers!
join