Drama at Milimani Court as Man Slams DCI Lawyer Over Blogger Kinyagia's Disappearance

Tensions escalated at the Milimani Law Courts in Nairobi on Tuesday as public frustration over the disappearance of blogger and activist Ndiang'ui Kinyagia disrupted a hearing concerning his whereabouts. 

The disturbance unfolded during a session intended to receive submissions from the Directorate of Criminal Investigations (DCI), as mandated by a court order issued the previous day. The order specifically requires Inspector General of Police Japhet Koome and DCI Director Mohamed Amin to produce Kinyagia in court or provide a credible explanation for his absence. Kinyagia, a known government critic, has been missing since 22 June, days before he was scheduled to participate in a protest march to State House.

The court was hearing from the DCI's legal representative when an unidentified man rose from the public gallery, launching an impassioned denunciation of security agencies. Accusing the DCI of complicity in Kinyagia's disappearance, he declared, "We will not come here to listen to your stories. You have abducted someone. His family is crying, and you are here telling us stories."

The man's remarks, delivered with clear emotion, drew attention to what he described as a pattern of state-sanctioned abductions and killings. Despite attempts by court security to restore order, the protester insisted that authorities had failed in their duty to protect citizens. 

"If the people who are supposed to protect us have turned out to be the greatest threat to our security, what are we supposed to do?" he asked, before being escorted from the courtroom.

The disruption occurs amid mounting scrutiny of the state's response to Kinyagia's disappearance. Known for his outspoken commentary on social media, the blogger had recently posted a detailed itinerary for a planned protest on 25 June, which included marching to State House and declaring a "new republic." His disappearance, reportedly at the hands of plainclothes officers, has fuelled speculation of a politically motivated abduction.

Inspector General Koome failed to appear in person, instead sending legal representation to explain his absence. The DCI, for its part, has denied holding Kinyagia in custody. During a press briefing on 30 June, Director Amin said that Kinyagia was not detained by the National Police Service but was considered a "person of interest" in ongoing investigations. Amin urged the missing blogger to surrender to the nearest police station.

Amin also confirmed that police conducted a search of Kinyagia's residence, seizing electronic devices believed to be relevant to their inquiries. The operation, carried out without a warrant under provisions of the National Police Service Act, was reportedly witnessed by the building's caretaker. The DCI maintains that Kinyagia was not present during the search and has not been seen since.

Senior Counsel Martha Karua, who attended Tuesday's hearing, condemned the DCI's decision to hold a press conference while under court summons. She accused Amin of violating sub judice rules by publicly denying involvement in Kinyagia's disappearance before appearing in court. 

"He will deny it publicly but will not come to assist the court to reach a decision," Karua remarked, calling the move a deliberate affront to judicial authority.

The Law Society of Kenya (LSK), which filed a habeas corpus petition on behalf of Kinyagia's family, has demanded that the state either produce the missing activist or provide a lawful justification for his continued absence. The petition names the Inspector General, the DCI Director, the Interior Cabinet Secretary, and the Attorney General as respondents, alleging violations of Kinyagia's constitutional rights.