Court Rules Blogger Ndiang’ui Kinyagia’s Hiding Was Reasonable Amid Threats

Blogger Ndiang’ui Kinyagia, who had earlier been reported missing, told the court he was not abducted but chose to go into hiding after receiving life threats.

Through his lawyer, Senior Counsel Martha Karua, Kinyagia explained on Tuesday that he decided to remain incommunicado out of genuine fear, citing past cases where people allegedly abducted by police were later found dead.

“By going into hiding, it was the way any reasonable person would respond,” Karua submitted.

Kinyagia said that during his absence, he deliberately avoided using a phone and cut off all communication – not to mislead the authorities or the public, but purely to protect himself.

He further testified that while he was away, police officers unlawfully entered his home, changed the locks, and carried out a search without his consent.

Karua also defended Kinyagia’s mother, who had turned to the Law Society of Kenya (LSK) believing her son had been abducted. She argued that the mother acted as any parent naturally would, given the recent wave of enforced disappearances.

The court accepted Kinyagia’s fears as genuine and ruled that his decision to go into hiding was not extraordinary given the circumstances. It also cleared the Law Society of Kenya (LSK) of any wrongdoing, noting that the body had acted in good faith on instructions from his family.

“Court has taken into account…he went into hiding for fear of his life and the steps taken were not extraordinary,” Justice Chacha Mwita ruled.

With Kinyagia now back, the court ordered the matter closed and marked the petition as withdrawn.

The judge also reminded the police of their obligation to uphold the highest standards of human rights, stressing that Kinyagia must not face harassment or torture.

The court added that any future threats against him could be dealt with if and when they arise.

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