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In his ruling today on 3rd July 2025, the judge stated that he had ordered the DCI to come to the court today and explain how the second petitioner (Ndiangui Kinyagia)was produced there. He indicated that Ndiangui would be presented to the court by the family, who had scheduled a specific meeting to speak with the petitioner, understand what had transpired, and give instructions to their advocates.
The judge noted that Mr. Victor, representing the respondents, particularly the DCI, did not oppose this view. He explained that since the purpose of that day was to clarify how the second petition was produced, and now that the petition was in court, the family would have time to meet with the petitioner and the advocates, take instructions, and possibly arrange for him to receive medical treatment.
For these reasons, the judge issued the following directions, Mr Kinyagia would be treated as evidence in court, the respondents had seven days to file responses if they had not already done so; and once served, the petitioners would have another seven days to file a supplementary response. He granted the family time to meet with the Kinyagia, take him to the hospital for medical attention, and instructed that the matter would be scheduled for hearing on the 18th and 24th of July.
The judge also stated that in the meantime, the police should not arrest the Kinyagia, as he was now a petitioner in the matter and might be required to testify. He explained that the second petitioner would be presented to the DCI officers to record a statement if necessary, and that he should be presented through his headquarters. However, he emphasized that the Kinyagia should not be arrested or detained until further notice from the court.
The judge concluded by saying that everyone should comply with these directions and that they would meet on the scheduled dates.
Speaking to the press today at the Milimani Law Court shortly after the case, family lawyer Mr. Thuku Wahome stated that, as everyone is aware, they had been in court on Tuesday, where an order was issued to the DCI that he appear in person to produce Mr. Ndiangui, or his body, or to explain to the court why he could not be produced.
He said that they were happy to report that after that order was made on Tuesday, Mr. Ndiangui was able to contact one of his family members. To move things along quickly, he explained that this is how Mr. Ndiangui found his way to court today because they were able to process that and advise him to come to court.
He added that, to cut the story short, Mr. Ndiangui is now present, and they have been heard again. He further disclosed that the court has issued new orders after several applications and quite fair submissions.
