A Milimani High Court judge has, on Thursday, July 3, 2025, directed the police not to arrest blogger Ndiang’ui Kianyagi after he presented himself in court.

Issuing the directive, Justice Chacha Mwita also ordered that he be presented to the Directorate of Criminal Investigations (DCI) if he is needed to record a statement.

However, he has stated that he should be accompanied by his lawyers to the DCI offices if need be.

Further, the judge has also restrained the DCI officers from arresting or detaining him when presented for statement recording at the DCI offices.

“In the meantime, police should not arrest the second petitioner (Ndiang’ui Kinyagia); he is now a petitioner in this matter, and he will be required to testify. The second petitioner should be presented to the DCI officers to record a statement, if need be, accompanied by his lawyers, but he should not be arrested or detained,” Justice Mwita ruled.

In his ruling, Judge Mwita stated that he has granted the blogger’s family time to have the petitioner (Kinyagia) with them and take him to the hospital for treatment.

The court’s directive came after Senior Counsel Martha Karua, lawyers Willis Otieno and Babu Owino representing the respondents, and the blogger’s family through lawyers Kibe Mungai and Wahome Thuku urged the court to allow them to have time with him before the petition is heard and determined.

The Law Society of Kenya (LSK) filed a petition at the Milimani Constitutional and Human Rights Division, seeking orders compelling the state to produce Kinoo social media activist Ndiangui Kinyagia, dead or alive.

LSK sought to have the Inspector General of Police (IG), Douglas Kanja, the Director of the Directorate of Criminal Investigations (DCI), Mohamed Amin, Interior Cabinet Secretary Kipchumba Murkomen, and the Attorney General produce the body of Kinyagia in court.

“Pending the hearing and determination of this application, an order be issued in the nature of habeas corpus to the respondents (IG, DCI, CS Ministry of Interior) to have the body of the 2nd petitioner (Kinyagia) be produced immediately before the honourable court,” part of the petition read.

On July 1, 2025, Justice Chacha Mwita ordered Director Amin to appear before the court on Thursday, July 3, 2025, to explain the whereabouts of missing Ndiangui after he and Inspector General of Police (IG) Douglas Kanja failed to honour earlier summons.

“I direct the Director of Criminal Investigations to attend court in person on Thursday, July 3, 2025, at 11 AM to explain the whereabouts of the second petitioner (Ndiang’ui Kinyagia); this matter will be mentioned on that day at the same time for further directions,” Justice Mwita ruled.