In a ruling delivered on July 3, 2025, the judge directed that Kinyagia should not face arrest or detention until the court gives further directions.
Court grants family time to meet Kinyagia
The judge noted that he had directed the Directorate of Criminal Investigations (DCI) to explain how the second petitioner, Ndiangui Kinyagia, appeared before the court.
However, Kinyagia appeared in court through his family.
The court allowed his relatives to meet him, understand what had happened, and instruct their lawyers.
Additionally, the judge allowed the family to take Kinyagia for medical attention if necessary.
Court sets timelines for the case
The judge ordered the respondents to file their responses within seven days if they had not already done so.
After service, the petitioners will also have seven days to file a supplementary response.
The court scheduled the hearing for July 18 and July 24, 2025.
Police barred from arresting Kinyagia
Meanwhile, the judge directed police not to arrest Kinyagia because he is now a petitioner in the matter.
The court noted that Kinyagia may need to testify during the proceedings.
Although the DCI may require him to record a statement, officers must process him through the DCI headquarters.
However, the court made it clear that police must not arrest or detain him until further orders.
Family welcomes court orders
Speaking after the ruling at Milimani Law Courts, family lawyer Thuku Wahome welcomed the court’s decision.
He recalled that the court had earlier directed the DCI to produce Kinyagia, his body, or explain why he could not appear before the court.
According to Wahome, Kinyagia later contacted a family member after the court issued those orders.
The lawyer said the family advised him to appear in court immediately.
Wahome confirmed that Kinyagia appeared before the court and that the judge issued fresh directions after hearing all parties.
