Tech entrepreneur Ndiang’ui Kinyagia, who was earlier reported missing, has told the court that he was never abducted but chose to go underground out of fear for his life.
Through his lawyer, Senior Counsel Martha Karua, Kinyagia explained that his disappearance was a personal safety measure, influenced by a worrying pattern of individuals allegedly abducted by police only to later turn up dead.
“By going into hiding, it was the way any reasonable person would respond,” Karua argued in court.
Kinyagia revealed that during his time away, he deliberately stayed off the grid avoiding phones and cutting all communication not to mislead the public or the authorities, but to protect himself. He further accused police officers of illegally accessing his home, changing locks, and conducting a search without his permission while he was away.
Karua also defended Kinyagia’s mother, who sought the Law Society of Kenya’s (LSK) intervention after fearing her son had been abducted. She said the mother’s actions were out of genuine concern, especially given the rising reports of enforced disappearances.
In his ruling, Justice Chacha Mwita acknowledged that Kinyagia’s fears were valid and that his decision to go into hiding was understandable. The court also absolved the LSK of any wrongdoing, noting the society acted in good faith on instructions from the family.
“The court has taken into account that he went into hiding for fear of his life and the steps taken were not extraordinary,” Justice Mwita stated.
With Kinyagia now back and safe, the court ordered the case closed and marked the petition as withdrawn.
