I was in hiding, not abducted; Ndiang’ui Kinyagia tells court
Ndiang'ui Kinyagia who was previously reported missing, was not abducted, but had gone into hiding for fear of life threats.
Ndiang’ui Kinyagia who was previously reported missing, was not abducted, but had gone into hiding for fear of life threats.
Through his lawyer, Senior Counsel Martha Karua, Kinyagia told the court on Tuesday that his decision to remain incommunicado stemmed from genuine apprehension, pointing to past cases where individuals allegedly abducted by police were later found dead.
“By going into hiding, it was the way any reasonable person would respond,” Karua submitted.
Kinyagia explained that during his absence he avoided using a phone and cut off communication, not to mislead the authorities or the public, but solely for safety reasons.
He further told the court that while he was away, police officers unlawfully gained access to his house, changed locks, and conducted a search without his consent.
Karua also defended Kinyagia’s mother, who had sought the intervention of the Law Society of Kenya (LSK), believing her son had been abducted.
She argued that the mother acted as any concerned parent would under such circumstances, given the recent spate of enforced disappearances.
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The court acknowledged Kinyagia’s fears as genuine and ruled that his actions were not extraordinary under the circumstances. It further held that no blame could be attributed to the LSK, noting that the legal body acted in good faith on the family’s instructions.
“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With Kinyagia having resurfaced, the court ordered the matter closed and marked the petition as withdrawn.
It also reminded the police of their duty to uphold the highest standards of human rights, stressing that Kinyagia should not face any harassment or torture.
Any future threats, the court said, could be addressed as and when they arise.
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