The High Court in Nairobi on Monday ordered Inspector General of Police Douglas Kanja and Directorate of Criminal Investigations (DCI) Director Mohamed Amin to release a man alleged to be behind last week’s protest timetable.

Justice Chacha Mwita directed that Ndiang’ui Kinyagia be freed immediately, warning that failure to do so would compel Kanja and Amin to appear in court in person today to explain why Kinyagia remains in police custody 10 days after his arrest, without being arraigned or charged.

Justice Mwita said it was unjustifiable that Kinyagia remains missing.

“This second petitioner has not been seen since June 21, 2025, now almost 10 days. The Constitution is clear that an arrested person should be produced in court within 24 hours, without exception. In that regard, taking into account the urgency of this matter and that the life of a citizen is in danger, the court issues the following directions,” he said.

“Inspector General of Police and Director of Criminal Investigations are hereby directed to produce the second petitioner, Ndiang’ui Kinyagia, in court and, in default, should attend court to explain why Ndiangui Kinyagia should not be produced or released,” he ruled.

Ndiangui’s and the Law Society of Kenya’s (LSK) lawyers told the court that it was unfortunate that abductions and enforced disappearances had resurfaced, with the police identified as the perpetrators.

Senior lawyer Martha Karua, alongside lawyers Moses Mutungi, Abner Mango, Moses Kioko, Babu Owino and Chaby Otieno, urged the court to intervene urgently.

Attorney General Dorcas Oduor, however, told the court that neither the police nor the DCI were holding Kinyagia. State Counsel Nelson Marwa, appearing on her behalf, admitted to the court that the DCI had never responded to the AG’s inquiry regarding whether officers had abducted Kinyagia.

“We wrote to our client when we got to know this information through the media and I wish to confirm that there is no evidence to show that he was picked by them. The matter is under investigation to ascertain whether he was picked by people working for this government,” he said.

“Did you receive a response?” Justice Mwita asked. Marwa said he had not. He requested seven days to file a formal response.

In the case, LSK sued the Inspector General of Police, the DCI Director, the Interior Cabinet Secretary, and the Attorney General.

“The first to third respondents — clandestine agents, police officers and outfits acting under their instructions and instilling terror through abductions, extrajudicial executions and harm to the State’s detractors indiscriminately, including minors and leaders — have undertaken an unconstitutional, heinous and barbaric modus operandi,” argued Kioko.

According to him, on June 21, 2025, Kinyagia was picked up by a contingent of police officers travelling in six to ten vehicles.

He stated that days have passed without Kinyagia being produced in court or charged.

Kioko further said the family reported the matter to Kinoo Police Station, but had not been informed whether Kinyagia had been seen or located.

“Whereas R.M.S Titanic sank on its maiden voyage filled with human presumption that ‘God Himself could not sink this Ship,’ I cast the same burden of this hubris, albeit conscientiously, to this honourable court and wholeheartedly plead that may this Court not sink and with it the hopes of the second petitioner or applicant facing uncertain hours of freedom and protection of the spirit and the letter of the Constitution of Kenya 2010,” Kioko argued.

In her supporting affidavit, LSK CEO Florence Muturi said that Kinyagia was at 1313 Apartments in Kinoo, along the Nakuru-Nairobi Highway.

She claimed officers arrived in unmarked Subaru vehicles, roughed him up, bundled him into one of the cars and sped off.

She said police violated the Constitution, which requires that a person be either granted bail or bond or produced in court within 24 hours.